Professional Documents
Culture Documents
WORKS BRANCH
INTEGRITY MANAGEMENT
MANUAL
SUMMARY OF REQUIREMENTS
MANUAL CONSOLIDATING
REGULATIONS, CIRCULARS AND
GUIDELINES ON INTEGRITY MANAGEMENT
Part I
Summary of Requirements
(This part summarizes the integrity management guidelines
described in Part II of the Manual with examples on various issues
as illustrations. It serves as a quick reference for the readers as well
as an Executive Summary to the contents in Part II. It consists of 5
sections:
Section A Acceptance of Advantages
Section B Conflict of Interest
Section C Personal Conduct
Section D Acts of Misconduct
Section E Supervisory Accountability
It should be read in conjunction with Part II of the Manual, the law,
and the relevant guidelines and regulations issued by the Civil
Service Bureau (CSB), Works Branch (WB) of the Development
Bureau (DEVB) and the Works Departments. The requirements and
examples listed in this part are for reference only and by no means
exhaustive. Readers are also reminded that, depending on the
circumstances, some of the examples cited in this part may also be
examples of corruption and misconduct in public office under which
the officers may be criminally culpable. If in doubt, please consult
your Departmental Secretary.)
Page 1
A.
Acceptance of Advantages
Status of Offeror
Category
Sub-Category
Relations*
Tradesmen / Commercial
Other Persons
Government
Establishment / Associations
I. Advantage
offered to an
officer in his
private
capacity
(i) Acceptance
of gifts /
discounts /
passages
Restrictions
Restrictions
May solicit or y
accept any
gift / discount
/ passage of
any value
Other Conditions
Nil
Other Conditions
y Offer equally available to
persons who are not
government officers
Restrictions
Restrictions
Restrictions
y
y
Other Conditions
y Offeror has no official
dealings with the
department in which the
officer works
Other Conditions
y Offeror has no official
dealings
with
the Other Conditions
department in which the
officer works
Nil
Page 2
Status of Offeror
Category
Sub-Category
Relations*
Tradesmen / Commercial
Other Persons
Government
Establishment / Associations
(ii)
Acceptance
of loans of
money
Restrictions
Restrictions
Restrictions
Restrictions
Restrictions
No limit
Other Conditions
No limit
Other Conditions
Other Conditions
As under Government
regulations or officers
terms and conditions of
employment
Other Conditions
Other Conditions
Nil
Nil
Page 3
Category
I.
(iii)
Advantage
offered to an
officer in his
private capacity
Sub-Category
Acceptance of
Sponsored Visits
Examples
General Guidelines
Sponsored visits offered in an officers capacity as an office-bearer y As a general rule, officers should ensure that their conduct and
or member of his professional association would normally fall
activities during their private visits would not bring them or the
within this category.
civil service into disrepute or lead to any actual or perceived
conflict of interest.
y They should also ensure that their private visits are separate
from their official duties and avoid putting themselves in an
obligatory position through the acceptance of advantages or
hospitality arrangements.
y Special permission from the authority is required, if the
advantages offered are not generally permitted under the ANN.
y An officer may be liable to disciplinary action, or even
prosecution under the Prevention of Bribery Ordinance and/or
the Common Law offence of Misconduct in Public Office if he
solicits or accepts a sponsored private visit that has or could
have led to a conflict between his private interests and official
duties or position.
(Ref : para. 2.21 2.25)
(a) Free transportation service from a service provider for y Should not accept
delivering an officers personal belongings from one
workplace to another
(b) Free house-moving service from a service provider with whom y Should not accept
the officer has a direct working relationship
y Before accepting a free service, officer should ensure that he
has no official dealing with the offeror and acceptance would
not place him in obligatory position or bring Government into
disrepute
(Ref : para. 2.26 2.27)
Page 4
Category
II. Advantages
offered to an
officer in his
official capacity
(i)
Sub-Category
General Principles
Acceptance of gift y Decline to accept as far as possible
presented on
y If cannot decline for protocol reason,
social / ceremonial
accept on behalf of bureau / department
occasions
and report to approving authority for
decision on disposal
(Ref : Para. 2.33)
(ii)
--
--
Page 5
Category
Sub-Category
(iv) Sponsored Official y
Visits
y
General Principles
Should be dealt with in accordance
with CSB Circular No. 11/2007(C)
If it is considered necessary or
desirable for an officer to go on an
official visit, Government should bear
the costs of the visit.
Sponsorship offered by entities under
the regulation of a Bureau or
Department or by private commercial
organsiations should be declined to
avoid any actual, potential or
perceived conflict of interest.
Page 6
Category
III.
Acceptance of
Entertainment: General
Principles
General Guidelines
Page 7
IV.
Category
Acceptance of
Entertainment
and Social
Contact with
Contractors /
Consultants
(i)
Examples
Light refreshment during site visits / working meetings
General Guidelines
May accept if unavoidable for reasons of courtesy
(ii)
May accept
(iii)
(iv)
(v)
Page 8
B. Conflict of Interest
General Principles
An officer should:
y
refrain from acquiring investment or financial or other interest which may lead to a conflict of interest
avoid putting himself in a position of obligation to his subordinates or person who has or may have official
dealings with his department
decline to provide assistance, advice or information to relations, friends, etc. in connection with his work
where this would give the recipient an unfair advantage over other people
report to supervisor any private interest that might be seen to compromise his personal judgment in the
performance of his duties
Consequence
Failure to do so renders an officer liable to disciplinary proceedings,
and in certain circumstances, criminal proceedings. May be
removed from service, depending on gravity of the offence
(Ref : para. 3.6)
Page 9
I.
Category
Use of Discretionary (i)
Power
Examples
Officer managing a contractor or a consultant who is a close personal y
friend of the officer
(v)
General Guidelines
A conflict of interest arises when an officer has the discretionary power
to make a decision that may affect his private interest
Should be impartial and objective in the conduct of official business
Make decision on the basis of merit and for good reason, free from any
improper influence
Should refrain from taking part in decision-making that may be affected
by private interests
(Ref : para. 3.8)
Category
II. Use of Official Position (i)
Examples
Officer soliciting favour or assistance from his subordinates in dealing y
with his own personal matters
General Guidelines
Should not use official position to further private interests nor accord
preferential treatment to organizations or persons with connections
(ii)
Should not use or permit use of their official position to coerce or induce
another person to provide benefit to him
Should not ask subordinates to perform any act other than official duties
Should not use official position in a manner that could imply official
endorsement of their personal activities
(Ref : para. 3.9)
(vi) Officer taking part in evaluation and selection of tenders where one of
the bidders is his relation / friend
Page 10
Category
Examples
(vii) Officer engaging in supervision or investigation of contractors or
consultants in which the officers spouse, family, relatives or close
personal friends are working or having financial interests
General Guidelines
(i)
(ii)
Page 11
Category
IV. Position of Obligation (i)
(ii)
Examples
Officer having his flat decorated by a contractor or sub-contractor who y
comes under the officers supervisory responsibilities
y
Officer purchasing a used car from a contractor or consultant or person
with whom he has official dealings
(iii) Officer indulging in games of chance for money or moneys worth (e.g.
y
poker or mahjong) with his subordinates or his work contacts
General Guidelines
Should avoid placing themselves in a position of obligation to others
Should not accept advantage (including free service and favour),
excessive
entertainment
or
benefit
from
subordinate,
company/organization, or member of the public with whom they have,
or are likely to have, official dealings
Should not indulge in game of chance for money or moneys worth with
subordinates and work contacts
(Ref : para. 3.15)
--
Investments
Should not acquire investments which may lead to conflict of interest with
official duties
(i)
(ii)
(i)
Must not engage in outside work or outside activities that may give rise to
any conflict of interest with their official duties
(ii)
Page 12
Category
Examples
(iii) Officer involved in processing or assessment of Government tenders y
preparing bids for prospective contractors or consultants
(iv) Officer undertaking part-time work for contractors or consultants hired
by his department
General Guidelines
No professional or assistant professional officer may undertake paid
outside work in his profession except for teaching work or work in public
interest, and with approval
(Ref : para. 3.20)
Page 13
C. Personal Conduct
Category
I.
General Guidelines
Officer should make best use of Departments assets and resources for official purposes and authorized activities
Any appropriation of Departments property for personal use or for resale is strictly prohibited
Examples include misuse of contract cars and requiring contractor to provide items not in accordance with the contract terms
(Ref : para. 4.2 4.3)
II.
Gambling
Officer should not engage in frequent and excessive gambling of any kind, or any games of chance involving high stakes, with
persons having official dealings
Officer must exercise judgment and withdraw from any high stake game even in social games with persons having official dealings
(Ref : para. 4.4)
(i)
Where serious pecuniary embarrassment infringes upon work performance, the officer may be liable to administrative action (from
stoppage/deferment of increment to retirement in the public interest)
Where financial difficulty leads to misconduct (e.g. obtaining unauthorized loan, undertaking unauthorized paid outside work), the
officer may be liable to disciplinary proceedings
Where (a) proceedings are taken against an officer with a view to bankruptcy, (b) an officer becomes insolvent or bankrupt, even
though no proceedings have been taken against him yet, he is required to notify his department, otherwise he may be liable to
disciplinary action
(Ref : para. 4.8 4.9)
Page 14
Category
(ii)
General Guidelines
Lending money and borrowing money at interest, and use of subordinates as guarantors
Where officer lends money at interest or in return for payment of a larger sum or on any other valuable consideration whatsoever to
any person who works in the same bureau / department, or has official dealings with the officer which may give rise to conflict of
interest, he needs to obtain consent from his Permanent Secretary/Head of Department, otherwise he shall be liable to disciplinary
action if his money lending activity gives rise to conflict of interest or cause embarrassment to the Government
Where officer acts on behalf of any commercial money-lender or financial institution in any capacity whatsoever, paid or unpaid, he
shall be liable to disciplinary action if he fails to observe CSRs 550 to 559 or if his involvement in the money lending activity gives
rise to conflict of interest or causes embarrassment to the Government
Where officer borrows money whether at interest or not, he may have to obtain special permission from his Permanent
Secretary/Head of Department under certain circumstances
Where officer uses a subordinate or a junior officer of the same grade or working in the same Bureau/Department as a guarantor for
a loan or hire purchase agreement, he may be liable to disciplinary action unless prior permission has been obtained
Where officer acts as guarantor for a supervisor or senior officer of the same grade for a loan or hire purchase agreement, he may be
liable to disciplinary action
(Ref : para. 4.10 4.12)
IV.
Diligence
Officer should be committed and dedicated to his work and should discharge his duties with care, diligence and thoroughness
Officer should be punctual in reporting for duty and sign the attendance book, if required, in person
Officer absent from duty without permission may be liable to disciplinary action
(Ref : para. 4.29 4.31)
Page 15
D.
Acts of Misconduct
Examples
(I)
Consequence
(ii)
Officer obtained supervisors permission to seek medical treatment, but found going to deal with
personal matters instead
(iii) Officer left his duty earlier on the ground that he had already completed all his work
(iv) Officer did not report duty after leave and claimed unwell. Despite supervisors approval not
granted, officer did not show up until 10 days later. He was in Mainland during the period and
produced medical certificate by a Shenzhen medical practitioner
(II)
(ii)
Officer applied for sick leave. Supervisor asked for medical certificate in support otherwise
would require leave to cover absence. Officer unable to produce medical certificate and refused
to take leave to cover absence
Officer was required under CSR 1291 to attend designated medical officer if he wished to take
sick leave. He failed to comply for reason that the quota of designated clinic was full at the
time. Found to be false upon verification
Page 16
Examples
(III)
(IV)
Consequence
Officers attendance book showed that he had attended duty according to normal duty hours but
he was found going to Mainland on numerous occasions
(ii) Officer recorded in attendance book that he was on duty throughout normal working hours, but
he was found having left Hong Kong. He explained that his supervisor had allowed him to
leave early as a compensation for his voluntary overtime work
(iii) Officer falsely declared his attendance when he was in Mainland on repeated occasions
Page 17
(V)
Examples
Criminal Conviction Cases Involving Shoplifting and Sex-related Offences
Consequence
(i) An officer stole goods valued at around $200 from a department store while off duty. He was
convicted of Theft
(ii) An officer, while on vacation in a foreign country, stole goods valued at about $90 from a
convenience shop. He was convicted of Theft in that country
(iii) An officer committed shoplifting twice in three months. He was convicted of "Theft" on both
occasions. He was found to have a previous record of a similar offence a few years ago
(iv) A law enforcement officer, while off duty, was found to have used a mobile phone equipped with
video recording function to film under the skirt of a female on a public corridor. He was
convicted of Behaving in a Disorderly Manner in a Public Place
(v) An officer, who was a para-medical professional, had improperly used the personal particulars of
some clients of the medical institute and made nuisance phone calls to them falsely pretending to
be a medical doctor and asking them private and sexual questions. He was convicted of multiple
counts of Impersonating a Public Officer and Making Offensive (Obscene) Telephone Call
Note : Examples cited in this Section are quoted from the Resource Centre on Civil Service Integrity Management (RCIM). Please refer to the cases uploaded on its website
on the Central Cyber Government Office (CCGO) (http://rcim.host.ccgo.hksarg/english/misconduct/misconduct.html).
Page 18
E. Supervisory Accountability
General Principle
If the acts of work-related misconduct committed by his subordinates are blatant, widespread or repeated, the supervisor may be held accountable for failing in his
supervisory responsibility
(Ref : para. 6.6)
(i)
Examples
A number of officers found left Hong Kong for Mainland during duty hours repeatedly and were subject to disciplinary action. Supervisor claimed ignorance
of staffs absence. Supervisors explanation not accepted. Should put in place necessary and effective means to check his subordinates attendance and to
ensure their duties discharged properly. Disciplinary action taken against supervisor for failing in supervisory responsibility
(ii)
A group of outdoor staff left place of work early almost everyday. Claimed their supervisor allowed them to do so unofficially if they had finished assigned
work. Claim not considered valid as supervisor did not have authority to allow absence of his staff in such circumstances. Both outdoor staff and supervisor
were subject to disciplinary action
(iii)
Supervisor was aware that subordinates attendancerelated records in work reports were false but turned a blind eye thinking that the malpractice had been in
existence for a long time before he was in post. A supervisor must not condone any dereliction of duty. Inaction and tolerance of misconduct is a failure in
supervisory responsibility. Disciplinary action was subsequently taken against both supervisor and subordinates
(iv)
Team leader released his team after completing an assigned outdoor work. The team reassembled several hours later and returned to office together on two
consecutive days. Disciplinary action taken against the team. Team leader compulsorily retired because he breached departments trust placed upon him by
causing group absenteeism himself
(v)
An officer was responsible, among other things, for assisting the project director in supervising the work of the contractors of a public works project. He
neglected his contract supervision duty in that he failed to make periodic visits to the project site with the consultants to review work progress and observe
sensitive areas of the contractors work to ensure compliance with the contract, contrary to the departmental instruction. Formal disciplinary action was
taken against him. He was awarded a punishment together with a caution of removal from the service in the event of further misconduct
(vi)
An officer was responsible for overseeing works performed by the departments contractors of his department. He neglected his contract supervision duty in
that he had endorsed works which a contractor had not actually performed, and had improperly handled site documents submitted by different contractors on
repeated occasions. Formal disciplinary action was taken against him. He was awarded a punishment together with a caution of removal from the service
in the event of further misconduct
Page 19
(vii)
Examples
An officer was found to have failed to handle properly the accounts of a number of clients receiving certain allowances from the department. It was then
uncovered that his supervisor had failed to exercise due diligence and prudence in monitoring the officers performance in handling the clients accounts for a
prolonged period of time. Formal disciplinary action was taken against both the officer and his supervisor; and they were each awarded a punishment
(viii)
An officer was found to have made false claims of traveling expenses for duty journeys and falsified outdoor duty records on numerous occasions. His
supervisor, it turned out, had neglected his duties as a supervisor in that he failed to check the officers outdoor duty and attendance records and also the
officers claim forms against such records. Formal disciplinary action was taken against both the officer and his supervisor. The officer was subsequently
punished by removal from the service. His supervisor was also awarded a punishment
(ix)
An officer embezzled payments from the public when he was performing shroff duty. He was criminally convicted of Theft, and was punished by removal
from the service. The departments subsequent internal audit had uncovered various types of non-compliance with departmental instructions on revenue
collection procedures / practices in the shroff office, some of which had increased the risk of misappropriation of revenue collected, or had weakened the
control in detecting irregularities. The officers supervisor, who was responsible for monitoring the proper functioning of the shroff office at the material
time, had failed to perform his supervisory and control role vigilantly. He was punished for failure in discharging his supervisory responsibility
(x)
An officer was criminally convicted of Misconduct in Public Office for having abused his official position in the award of government contracts to a
company in which his relatives held interests. It was also revealed that the immediate supervisor of this officer, despite several complaints from the
officers subordinate concerning possible irregularities in the procurement exercises handled by the officer, failed to report the complaints to his seniors and
take reasonable actions to investigate into the complaints. Formal disciplinary action was taken against this supervisory officer, and he was subsequently
awarded a punishment together with a caution of removal from the service in the event of further misconduct
(Ref : para. 6.11)
Page 20