(Quick Tips)Quick facts about the Anti-Bribery Law in Hong Kong

  1. The POBO criminalizes bribery of and by public officials and private individuals in mainly Section 4 and Section 9 of the Ordinance.

  2. A bribe is not limited to monetary form only.  The POBO provides a clear definition of “advantage”.

  3. “Advantage” includes money, gifts, loans, contracts, services, etc. but does not include “entertainment”.

  4. “Entertainment” means the provision of food or drink, for consumption on the occasion when it is provided, and of any other entertainment connected with.

  5. “Hospitality”, such as ticket to a performance or sport event and hotel accommodation, is advantage, not entertainment under the POBO.

  6. There is no minimum value or threshold for an advantage to ‘qualify’ as a bribe.

  7. There is no exemption for so-called “facilitation payments” (small payments to fast-track a routine government action) under the anti-bribery law of Hong Kong. 

  8. The bribe does not need to be actually accepted as long as an offer is made or an agreement is reached to offer or take a bribe, an offence is committed. 

  9. “Custom” (e.g. trade practice of giving rebates to purchasing staff (買手)) won’t be accepted as a defence. 

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