TABLE OF · Relations with the Public 3.74 Courtesy 3.75-3.76 Good Faith 3.77 Fairness and...

TABLE OF CONTENTS

FOREWORD PARAGRAPHS PART 1 CORE VALUES OF THE CIVIL SERVICE 1.1 PART 2 THE DEPARTMENT’S MISSION 2.1-2.3 Integrity Steering Committee 2.4-2.5 Working Groups under Integrity Steering Committee 2.6 Initiatives to Promote Staff Integrity 2.7-2.8 PART 3 PERSONAL CONDUCT Regulatory Framework

Acceptance of Advantages 3.1-3.4 3.5-3.8

Acceptance of Advantages in the Private Capacity 3.9-3.13 Acceptance of Advantages on behalf of Staff Association 3.14 Conflict of Interest 3.15 Acceptance of Advantages in One’s Official Capacity 3.16-3.17 Acceptance of Entertainment 3.18-3.23 Acceptance of Free Service 3.24-3.25 Misconduct in Public Office 3.26-3.30 Misuse of Official Position 3.31-3.33 Misuse of the Department’s Assets and Resources 3.34-3.35 Misuse of Proprietary Information 3.36-3.40 Handling of Conflict of Interest Situations 3.41-3.48 Investment 3.49-3.51 Outside Work 3.52-3.58 Gambling 3.59 Indebtedness 3.60-3.63 Loans 3.64-3.66 Diligence 3.67-3.69 Respect for Intellectual Property Rights 3.70-3.71 Housing Benefits 3.72-3.73

Relations with the Public 3.74 Courtesy 3.75-3.76 Good Faith 3.77 Fairness and Impartiality 3.78-3.80 Proper Exercise of Powers 3.81-3.82 Disclosure of Identity 3.83 Channels for Complaints against Customs 3.84-3.85 PART 4 WORK ENVIRONMENT 4.1 Smoking 4.2 Alcohol 4.3-4.4 Dangerous Drugs 4.5 Telecommunication Equipment 4.6-4.7 Offensive Letters 4.8 Public Comment 4.9 PART 5 FAIRNESS, NON-DISCRIMINATION AND EQUAL

OPPORTUNITIES 5.1-5.5

Sexual Harassment 5.6-5.7 PART 6 COMPLIANCE WITH THE LAW AND THE CODE Compliance with the Law 6.1-6.6 Report of Disciplinary Offence 6.7 Report of Criminal Offences Including Corruption-related

Offences 6.8-6.11

Compliance with the Code 6.12-6.15 PART 7 WHAT TO DO WHEN BEING OFFERED A BRIBE 7.1 PART 8 SUPERVISORY ACCOUNTABILITY 8.1-8.3 PART 9 SOURCE FOR ADVICE AND INFORMATION 9.1-9.2 PART 10 LIST OF USEFUL REFERENCES 10.1-10.38

ANNEX A - Major Points to Note in Sections 3, 4 and 10 of the Prevention of Bribery Ordinance (Cap. 201)

ANNEX B - Circumstances for Accepting Restricted Advantages under General Permission (Gifts/Discounts/Passages)

ANNEX C - Circumstances for Accepting Restricted Advantages under General Permission (Loans of Money)

ANNEX D - Application for Special Permission to Accept “Restricted” Advantages Offered to an Officer in his Private Capacity

ANNEX E - Application for Approval to Dispose of Gift(s) Presented to an Officer in his Official Capacity

ANNEX F - Notification of Acceptance of Entertainment

ANNEX G - Notification of Existing/Potential Conflict of Interest between Officer’s Official Duties and Private Interests

ANNEX H - Application for Permission to Take Up Outside Work and/or Use of Government Equipment for Outside Work

ANNEX I - Report on Insolvency and Bankruptcy

ANNEX J - Report of Criminal Proceedings

ANNEX K - List of Major Illegal or Unethical Acts under the Code on Conduct and Discipline

2019 Edition

PART 1 CORE VALUES OF THE CIVIL SERVICE

1.1 The Government is committed to upholding the highest standards of honesty and integrity throughout the Civil Service to enhance the quality and efficiency of public services to the community. To this end, all staff1 in the Department should adhere to the following core values -

commitment to the rule of law;

honesty and integrity;

objectivity and impartiality;

political neutrality;

accountability for decisions and actions; and

dedication, professionalism and diligence.

1 In this Code on Conduct and Discipline, unless elsewhere specified, “staff”, “staff members” and “officers” shall include members of all grades in the Department and those employed on temporary, part-time and non-civil service terms. “Service members” shall include members of Customs and Excise Service only.

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PART 2 THE DEPARTMENT’S MISSION

2.1 Being a progressive and forward-looking Customs organization which contributes to the stability and prosperity of the community, the Department has specific roles to play, which are best expressed in our Mission Statement reading as follows -

to protect the Hong Kong Special Administrative Region against smuggling;

to protect and collect revenue on dutiable goods;

to detect and deter narcotics trafficking and abuse of narcotic drugs;

to protect intellectual property rights;

to protect consumer interests;

to protect and facilitate legitimate trade and industry and to

uphold Hong Kong’s trading integrity; and

to fulfil international obligations. 2.2 All staff should be committed to the Department’s mission which clearly sets out the departmental aims and objectives of our areas of work. 2.3 All staff have a duty to discern, understand and meet the needs of members of the public and to perform their duties with integrity. INTEGRITY STEERING COMMITTEE 2.4 The Department will ensure an effective and efficient operation of its work systems, and promote a high ethical standard among staff. Our Deputy Commissioner is an appointed government Ethics Officer, who assumes the overall responsibilities of all tasks related to integrity management in the Department. An Integrity Steering Committee chaired by the Deputy Commissioner was set up in April 2001 with the following terms of reference -

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(a) to formulate a long-term departmental integrity strategy; (b) to devise a departmental Integrity Action Plan and monitor its

implementation; (c) to review and, when necessary, revise existing departmental

integrity measures; (d) to coordinate the development and implementation of local and

international integrity projects; and (e) to assess and allocate resources for promoting staff integrity

and healthy lifestyle.

2.5 The composition of the Integrity Steering Committee is as follows -

Chairperson : Deputy Commissioner Members : Assistant Commissioner (Administration and Human Resource Development) Assistant Commissioner (Excise and Strategic Support) Assistant Commissioner (Boundary and Ports) Assistant Commissioner (Intelligence and Investigation) Head of Trade Controls Senior Staff Officer (Service Administration)

Senior Staff Officer (Prosecution and Management Support) Senior Staff Officer (Quality Management) Departmental Secretary Co-opted members : Representatives of the Independent Commission Against Corruption

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Secretary : Executive Officer (Personnel) 3

WORKING GROUPS UNDER INTEGRITY STEERING COMMITTEE 2.6 In support of a strong culture of professional ethic and probity in the Department, the management has been fostering the fundamental values of integrity, honesty and healthy lifestyle among Customs staff in a more comprehensive approach. Since November 2003, three dedicated working groups have been established as the executive arms of the Integrity Steering Committee to help promote staff integrity, benchmark international practices of integrity management and update the Department’s Code on Conduct and Discipline (the “Code”). The terms of reference of each working group are listed below - Working Group on Code on Conduct and Discipline

(a) to assist the Integrity Steering Committee in examining,

reviewing and updating the Code on Conduct and Discipline;

(b) to monitor the latest development in relation to integrity legislation and administrative guidelines introduced by the HKSAR Government or the World Customs Organization and propose appropriate amendments to the Code on Conduct and Discipline accordingly; and

(c) to promote the awareness and understanding of the Code on

Conduct and Discipline among C&ED staff.

Working Group on Promotion of Healthy Lifestyle and Staff

Integrity

(a) to formulate measures and make recommendations to the Integrity Steering Committee in promoting healthy lifestyle and staff integrity;

(b) to promote the awareness of all staff members on the importance of healthy lifestyle and staff integrity;

(c) to co-ordinate resources within the Department for organizing

activities to promote healthy lifestyle and staff integrity; and

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(d) to liaise and co-ordinate with major formations and the staff associations in the Department concerning healthy lifestyle and staff integrity activities.

Working Group on International Best Practices of Integrity

(a) to assist the Integrity Steering Committee to monitor the development of international best practices in relation to integrity;

(b) to review the Department’s existing practices relating to the promotion of staff integrity by drawing reference to the international best practices and make recommendations to the Integrity Steering Committee as appropriate;

(c) to assist the Integrity Steering Committee in formulating and

implementing policies regarding the promotion of integrity based on development of international best practices; and

(d) to liaise with overseas counterparts, private sector and other

government departments for the exchange of information, experiences and expertise on international best practices in promoting staff integrity.

INITIATIVES TO PROMOTE STAFF INTEGRITY 2.7 The Department has long recognized integrity as one of the core values in delivering its services and achieving enforcement goals. Below are the initiatives that the Integrity Steering Committee and the three Working Groups have carried out in promoting ethical leadership, staff integrity and healthy lifestyle in the Department -

Organizing integrity awareness seminars and workshops for staff.

Constantly reviewing the work procedures to ensure effective checks and balances in system control.

Cooperating with ICAC in promoting ethical culture in the Department and in fostering an open, transparent and productive relationship with the private sector.

Promoting the departmental ethical culture and the Code on Conduct and Discipline with our overseas counterparts in

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international forums.

Regularly updating of the Code on Conduct and Discipline.

Production of a DVD to introduce the content of the Code on Conduct and Discipline.

Uploading of e-learning programme for the Code on Conduct and Discipline onto the CSTDI Cyber Learning Centre Plus (CLC Plus).

Introduction of Integrity Mailbox to answer questions on integrity related matters.

Production of video and booklet on “Prudent Financial Management”.

Production of video and booklet on “Staff Integrity – Professional Commitment”.

Regularly publishing of a Newsletter on “Promotion of Healthy Lifestyle”.

Organizing departmental seminars and Gala Day to promote healthy lifestyle message to the family of staff members.

Organizing seminars on promoting Happy Family Lives.

Organizing programme to promote physical fitness among staff in the Department.

Organizing programme to promote good mental health among staff in the Department.

Uploading of training materials on integrity measures to the CLC Plus.

Conducting survey for international best practices of integrity management.

Promoting the Department’s integrity programme by organizing integrity workshop in cooperation with ICAC to business counterparts.

2.8 In order to sustain the momentum for building up a clean and professional Customs service, all staff members in the Department should familiarize themselves with the content of the Code and the relevant regulations.

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PART 3 PERSONAL CONDUCT

REGULATORY FRAMEWORK 3.1 The Government and the Department adopt a multi-pronged approach in the management of conduct of staff. On the legal front, the Prevention of Bribery Ordinance (Cap. 201) (POBO) imposes specific restrictions on the solicitation or acceptance of advantages by staff. Staff are also subject to the common law offences such as misconduct in public office (MIPO). 3.2 All staff must also comply with regulations, rules and guidelines on conduct and discipline issued by the Government and the Department. The Department will not tolerate any illegal or unethical acts. Non-compliance with regulations, rules and guidelines may render a staff member liable to disciplinary actions and criminal proceedings including prosecution (e.g. under POBO and MIPO). 3.3 It is the responsibility of the staff to familiarize themselves with regulations, rules and guidelines of the Government and the Department which are subject to review from time to time.

3.4 Most of the regulations, rules and guidelines of the Government and the Department are available on the Central Cyber Government Office website and the Departmental Electronic Filing System. Part 9 and 10 of the Code also contain source for advice and list of useful references. ACCEPTANCE OF ADVANTAGES2 3.5 All staff are prohibited by law to offer, solicit or accept bribes or to accept advantages without permission. Every member of staff should familiarize with sections 3, 4 and 10 of the POBO which are summarized below -

section 3 It is an offence for a government officer to solicit or accept any advantage without the general or special permission of the Chief Executive.

section 4 It is an offence for a government officer to solicit or

2 Useful references are listed in items 10.2-10.6 in Part 10.

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accept any advantage in Hong Kong or elsewhere as an inducement to or reward for or otherwise on account of his performing or abstaining from performing any act in his capacity as a public servant.

section 10 It is an offence for a government officer to maintain a standard of living or possess or control assets which are not commensurate with his official emoluments without any satisfactory explanation to the court.

Other major points to note in sections 3, 4 and 10 are tabulated at Annex A. 3.6 Every staff member should note that one may commit an offence under the POBO irrespective of whether he, or any other person acting on his behalf, directly or indirectly solicits or accepts any advantage, and whether for himself or for any other person. 3.7 “Advantage” is defined in section 2 of the POBO to mean almost anything which is of value, except entertainment which will be covered under a separate heading (see paragraphs 3.18 - 3.23 below). Common examples include gift (of money and in kind), loan, fee, reward, commission, office, employment, contract, service and favour. 3.8 From past experience, government officers are not always offered a direct bribe at the outset. Corruption often starts with the government officer being offered small favours to keep him sweet i.e. the “sweetening process”. Section 3 of the POBO aims to prevent this from happening and is applicable irrespective of whether the advantage relates to a corrupt motive or whether the advantage is solicited or accepted in one’s official or private capacity. To avoid posing undue restriction for government officers, the Acceptance of Advantages (Chief Executive’s Permission) Notice 2010 (AAN) is in place to set out those advantages which a government officer may solicit or accept without committing an offence.

Acceptance of Advantages in the Private Capacity 3.9 All staff of the Department are prohibited under the POBO to solicit or accept advantages without permission. Under the AAN, general permission is given to an officer to solicit or accept any “unrestricted” advantages and the following four types of “restricted” advantages under specific conditions -

(a) gifts (both of money and in kind); (b) discounts;

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(c) loans of money; and (d) air, sea and overland passages.

The conditions and circumstances for soliciting or accepting the “restricted” advantages are set out in paragraphs 3 to 7 of the AAN. The gist is summarized in the tables at Annexes B and C. 3.10 Any advantage other than a “restricted” advantage is regarded as an “unrestricted” advantage. Examples of “unrestricted” advantages include loans of objects (but not money), free service (please see paragraph 3.24 below), cash rewards including Good Citizen Rewards, rewards for outstanding academic achievement and prizes/awards from open competition (e.g. an essay competition or a sports event, etc.). It should be noted that while general permission has been given under the AAN for the solicitation or acceptance of “unrestricted” advantages, an officer must ensure that the solicitation or acceptance of such advantages would not give rise to a conflict of interest with his official duties or bring the Government into disrepute. 3.11 If an officer wishes to accept “restricted” advantages in his private capacity in the circumstances not covered in the general permission given in paragraphs 3 to 7 of the AAN, he should, before or as soon as reasonably possible after being offered or presented with the advantages, seek special permission from the Commissioner or Departmental Secretary, as appropriate. The officer should use the form at Annex D and follow the prescribed procedures in the departmental standing circular for seeking such special permission.

3.12 If an officer wishes to solicit any “restricted” advantages in his private capacity in the circumstances not covered in the general permission given in paragraphs 3 to 7 of the AAN, he must, before soliciting the advantages, seek special permission from the Commissioner.

3.13 The following are some examples to illustrate that an officer may be liable to criminal proceedings under section 3 of the POBO and/or disciplinary proceedings if he solicits or accepts advantages without special permission -

(a) an officer buying goods (e.g. optical discs, liquor/cigarettes, travelling tickets) or procuring services (e.g. transportation services) at a special discounted price not equally available to members of the public from traders or operators towards whom he has enforcement responsibilities;

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(b) an officer accepting free gifts from a duty free shop to which

the officer is responsible for issuing permits; (c) an officer borrowing money from cross-boundary lorry drivers; (d) an officer obtaining from friends or colleagues loans of money

exceeding the limits of the AAN as stipulated in Annex C; and (e) an officer accepting a gift from his subordinate, irrespective of

its value and the occasion on which the gift is offered. Acceptance of Advantages on behalf of Staff Association 3.14 The procedures and requirement for an officer soliciting or accepting advantages on behalf of his staff association or club are the same as soliciting and accepting the advantages for his own benefit. Before submitting the application, the officer should ensure that -

(a) the advantage (e.g. donation) is offered voluntarily and not as a result of pressure or compulsion from the staff association;

(b) acceptance of the advantage will not bring into question the

impartiality of the Department; and (c) there should be no undue publicity associated with the

acceptance.

Conflict of Interest 3.15 Officers should note that they may be liable to disciplinary action if they solicit or accept any advantage (even one permitted under the AAN) if this has led, or could have led, to actual or perceived conflict between their private interests and their official duties or positions, or if this brings the Government into disrepute (see “Handling of Conflict of Interest Situations” at paragraphs 3.41 to 3.48). Acceptance of Advantages in One’s Official Capacity 3.16 For the purpose of section 4 of the POBO which deals with the crime of official corruption happened in Hong Kong or elsewhere, staff are discouraged from accepting advantages presented to them in their official capacity. It should be noted that even if the officer has no real power to fulfil

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his promise or has not in fact fulfilled the promise, parties offering or accepting a bribe are liable to criminal proceedings under section 4. Some examples of an offence under section 4 of the POBO are -

(a) an officer accepting advantages from a garment manufacturer as a reward for harbouring the manufacturer who gave false declaration of country of origin;

(b) an officer soliciting and accepting advantages from syndicates

or persons as a reward for allowing particular vehicles to pass through a control point without inspection;

(c) an officer soliciting or accepting advantages from a shop

owner selling counterfeit/copyright infringement goods (including goods bearing a false trade description) or the like as a reward for giving the shop owner prior warning of the Department’s raids;

(d) an officer accepting free passage, accommodation or other

expenses from a supplier during his overseas visit as a reward for accepting substandard goods or services for the Department; and

(e) an officer soliciting or accepting an advantage from his

subordinate as a reward for giving good appraisal on his performance or assigning less and fewer jobs to him or giving him assistance in a promotion exercise.

3.17 Under the Civil Service Regulation (CSR) 444(2), advantages offered to an officer and/or the officer’s spouse by virtue of the officer’s official capacity or on an occasion attended in the officer’s official capacity (including those offered/presented by another government), whether in Hong Kong or elsewhere, are regarded as advantages to the Department. Officers should as far as possible decline to accept gifts offered/presented to them by virtue of their official position. If this cannot be done owing to protocol reasons or the need to avoid great offence or embarrassment, the gift should be taken back to the Department and the officer should follow the prescribed procedures in the departmental standing circular to report the case, as soon as possible, to the Commissioner or Departmental Secretary, as appropriate, using the form at Annex E for a decision on how to dispose of the gifts. However, if the gift is in the form of “laisee” or money coupon, officers should decline acceptance. In the interest of administrative convenience, blanket permission is given by the Commissioner for other officers to personally retain gifts under certain circumstances as specified in the relevant departmental standing circular.

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ACCEPTANCE OF ENTERTAINMENT3 3.18 As defined in section 2 of the POBO, “entertainment” means the provision of food or drink, for consumption on the occasion when it is provided, and of any other entertainment connected with, or provided at the same time. The acceptance of free food, drink and show, etc. may in certain circumstances become an advantage (e.g. when it amounts to a “discharge of an obligation to pay”), the acceptance of which may render the officer liable to prosecution under the POBO. Although entertainment is an acceptable form of business and social behaviour, an officer should not accept lavish, or unreasonably generous or frequent entertainment, or indeed any entertainment that is likely to -

(a) put the officer in an obligatory position in the discharge of his duties;

(b) bring the officer or the public service into disrepute; or (c) give rise to any potential or real conflict of interest.

3.19 When being offered entertainment, an officer should consider carefully, in the light of the guidelines mentioned above, whether the entertainment offered could be regarded as -

(a) excessive – taking into account its value, substance, frequency and nature;

(b) inappropriate – taking into account the relationship between the officer and the donor (e.g. whether they have any direct official dealings); or

(c) undesirable – taking into account the character, reputation and

business of the host and the known attendees, etc.

This is to avoid embarrassment or loss of objectivity when conducting the Department’s business, or bringing the officer or the Department into disrepute or leading to any actual or perceived conflict of interest. Reference should be made to CSRs 431-435. Officers who have doubts about accepting an offer of entertainment are strongly advised to seek guidance from the Commissioner or Departmental Secretary, as appropriate, before accepting the entertainment. 3.20 Accepting entertainment may put an officer in an obligatory position. The following departmental guidelines are drawn up to assist officers in


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determining whether entertainment of any sort should be accepted -

(a) staff should avoid accepting entertainment offered by potential tenderers, contractors, vendors and suppliers;

(b) staff responsible for processing licence applications relating to

optical discs, controlled chemicals, dutiable commodities and money changing and remittance services, etc. should avoid accepting entertainment from the relevant applicants;

(c) staff responsible for investigation/inspection duties should

avoid accepting entertainment from persons or companies under investigation/inspection, in particular when invitations are made immediately before or after investigation/inspection;

(d) staff should avoid accepting excessive or frequent

entertainment provided by traders or operators with whom they have official dealings, or parties with which the Department has an enforcement responsibility on their activities;

(e) staff should avoid accepting entertainment provided by vice

operators or persons of dubious characters; and (f) staff may accept but should not solicit graduation reception

organized by trainees.

3.21 If acceptance of entertainment is considered necessary in the interests of the Department, e.g. for liaison and public relations purposes, the number of representatives from the Department accepting the entertainment should be kept to the minimum. No “laisee” should be accepted and no mahjong games and other forms of gambling activities should be played on such occasions. If souvenirs or gifts are presented, the officer concerned should report the details to the Commissioner or Departmental Secretary, as appropriate, for disposal of gifts using the form at Annex E. 3.22 Staff accepting entertainment (except non-alcoholic drinks) offered by traders or operators with whom they have direct official dealings are advised to notify their Branch Heads or Heads of Major Formations, as appropriate, prior to or immediately after the function. A sample of the notification form is at Annex F. In case of doubt, they should seek clarification from their supervisors. The officer on receipt of the notification form should consider whether the entertainment offered is inappropriate or excessive in frequency, and whether appropriate advice should be given to the staff concerned. The notification form should then be properly filed for record purpose. For acceptance of entertainment by the Deputy Commissioner and Branch Heads, they should

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report to the Commissioner.

3.23 Where it is considered not appropriate to decline an invitation to entertainment which may contravene the guidelines in paragraphs 3.18 to 3.20 for reasons of courtesy or special circumstances, the officer should seek prior approval from the Commissioner. If it is impractical for prior approval to be obtained (e.g. where an official contact paid the bill for a meal for an officer or his family or friends without informing the officer in advance), the officer should make an effort to effect the repayment. If repayment is unsuccessful, the officer should seek covering approval to accept the entertainment. ACCEPTANCE OF FREE SERVICE4 3.24 Free services (such as legal service or provision of professional advice) are an “unrestricted” advantage for the purpose of the AAN. However, before an officer accepts a free service, he should ensure that he has no official dealings with the service provider or his business and that the acceptance would not place him in an obligatory position or bring the Government into disrepute. In any case, staff should avoid accepting free service from colleagues, especially subordinates. 3.25 If an official relationship between the officer and the service provider arises after acceptance of the service, it is advisable for the officer to report the acceptance to his Branch Head or Formation Head, as appropriate, to avoid any perceived conflict of interest. MISCONDUCT IN PUBLIC OFFICE

3.26 The common law offence of MIPO extends the reach of criminal law beyond bribery into various types of misconduct of public officers when discharging their official duties. The elements constituting the offence of MIPO are as follows –

(a) a public official;

(b) in the course of or in relation to his public office;

(c) wilfully misconducts himself; by act or omission (for example, by wilfully neglecting or failing to perform his duty);

(d) without reasonable excuse or justification; and


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(e) where such misconduct is serious, not trivial, having regard to

the responsibilities of the office and the office-holder, the importance of the public objects which they serve and the nature and extent of the departure from those responsibilities.

3.27 The misconduct must be deliberate rather than accidental in the sense that the public official either knows that his conduct is unlawful or wilfully disregards the risk that his conduct is unlawful. Wilful misconduct without reasonable excuse or justification is culpable. 3.28 The essential feature of the offence is an abuse by the public official of the powers, discretions or duties exercisable by virtue of his official position conferred on him for the public benefit. 3.29 An officer may commit MIPO even if his misconduct does not involve any bribery or he does not have any pecuniary gains as a result. 3.30 The Government takes a serious stance towards the offence of MIPO. In addition to the punishment imposed by the court, an officer who is convicted of the offence is liable to disciplinary action and severe sanction, including removal from the service with or without retirement benefits. Further information can be found in the Misconduct in Public Office booklet.

MISUSE OF OFFICIAL POSITION 3.31 All staff should act impartially and should not use their official position to further their private interests, nor accord preferential treatment to organizations or persons with whom they have connections. They should not use or permit the use of their official position or title or an authority associated with their public office in a manner that is intended to coerce or induce another person, including a subordinate, to provide any benefit to himself or his relations, friends or associates. They should not ask or direct any subordinate to perform any act or to provide service other than those legitimately required in the performance of official duties. Nor should they use their official position or title in a manner that could reasonably be construed to imply that the Department sanctions or endorses their personal activities or those of another. The following are some examples of misuse of official position related to the Department’s work -

(a) staff responsible for processing licence applications allowing applicants who are their relatives, friends to jump the queue;

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(b) staff purchasing goods, accepting free samples or special

services, such as made-to-measure service of clothing, from manufacturers or traders during factory inspections;

(c) staff engaged in personnel administration duties

recommending subordinates for promotion due to their close personal relationship rather than merits of performance;

(d) staff promoting businesses run by their relatives to their

subordinates, giving the perception that their subordinates are obliged to patronize such businesses to please their supervisors;

(e) staff borrowing money from persons or companies with whom

they have official dealings or enforcement responsibilities. This may also constitute a criminal or disciplinary offence for borrowing from unauthorized sources as laid down in CSRs 482-483;

(f) staff responsible for recommending/endorsing claims turning

a blind eye to his subordinate’s fraudulent claims for overtime/travelling allowances because of their close personal relationship;

(g) staff in charge of investigating a complaint case involving

officers of the Department giving undue favourable treatment to or maintaining an undesirable association with any of those involved;

(h) staff supplying a reference for a candidate in a recruitment

exercise in which he is involved; and (i) staff soliciting favour or assistance from his subordinates in

dealing with their own personal matters.

3.32 In some cases, wrongful acts of an officer may further lead to criminal offence. For general reference, some examples are listed below -

(a) protecting persons who sell illicit oil; (b) harbouring a garment manufacturer who gives false

declaration of country of origin of his products; (c) protecting syndicates or persons who smuggle dangerous drugs

or unmanifested cargoes into or out of Hong Kong;

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(d) bringing back excessive duty-free cigarettes and liquors into

Hong Kong and bypassing checking at the control points; (e) accepting advantage from applicants for passing them in a

recruitment exercise; and (f) harbouring a rough diamond trader or buying jewels at a

discount offered by the rough diamond trader because of his official position.

3.33 The examples and activities quoted above are by no means exhaustive. In case of doubt, staff should seek advice from their supervisors/Formation Heads who may seek clarification with the Assistant Commissioner (Administration and Human Resource Development) or Departmental Secretary when necessary. MISUSE OF THE DEPARTMENT’S ASSETS AND RESOURCES 3.34 Staff should make the best use of the Department’s assets and resources in terms of money, property, goods or services economically, effectively and only for official purposes and authorized activities. 3.35 Staff should use official time at work in an honest effort to perform official duties and are strictly prohibited from making false claim of allowance. Any appropriation of the Department’s properties by staff for personal use or for resale is also strictly prohibited. This may amount to an offence under the Theft Ordinance (Cap. 210). MISUSE OF PROPRIETARY INFORMATION 3.36 Staff who have access to or in control of proprietary information should provide adequate safeguards to prevent its abuse or misuse. They should not use any information made available to them in the course of their duties in return for monetary rewards or personal interest, or disclosure of information to sabotage the public and the Department’s interest. Disclosing proprietary information not relating to the proper discharge of an officer’s official duties may constitute a criminal or disciplinary offence. Such information may relate to all aspects of the Department’s operations including strategic planning, projects, applications and database, etc. Some examples are as follows -

(a) information in the Land Boundary System, Customs Control System, Customs Internal Constraint Codes;

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(b) information contained in the target list and watch list; (c) information relating to intelligence and investigation; (d) information in connection with recruitment exercises and

tendering exercises; (e) strength, deployment, shift pattern and duty roster of

individual teams engaged in enforcement activities; (f) planning or ongoing capital projects of the Department; (g) prosecution policies, enforcement strategies, code of practices

or internal guidelines relating to waiver of late lodgement penalty as well as the procedures on recovery and write-off of trade declaration charges;

(h) evidence, information and prosecution tactics of individual

cases; (i) conviction records; (j) commercially sensitive data such as trader’s trading

information, size of orders, unit prices and discounts; (k) cargo consignment/manifest data and particulars of

importer/cargo agent forwarders; (l) methodology adopted in verifying the prices of liquors; and (m) administrative criteria governing the repayment of duties.

3.37 Staff should refuse requests for information or advice from their relatives, friends or any other persons that may give them an unfair advantage over other persons, for example, in obtaining a licence from the Department. When the person making the request is a relative, friend or acquaintance, the officer to whom such a request is made should act as follows -

(a) where the advice can be given legitimately (e.g. general information relating to the Department), the officer should refer the request to the subject officer in the normal way or give an impartial advice himself; and

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(b) where the request is legitimate and the officer approached is

himself the subject officer, the officer should make a note of the advice given together with the relationship between himself and the person concerned. The note should then be filed and forwarded to the officer’s supervisor for information and record purposes.

3.38 Some common examples of misuse of proprietary information involving conflict of interest are -

(a) an officer responsible for investigation or inspection duties disclosing sensitive or confidential operation-related information (e.g. watchlisted targets, impending raids or inspections, progress of an investigation case, operational strategies and tactics) to his family member, relative or personal friend who is operating or working in a company, factory or business which is subject to the Department’s enforcement action;

(b) an officer involved in conducting surveillance or gathering

intelligence disclosing sensitive or confidential information obtained to his family member, relative or personal friend who is operating or working in a company, factory or business which is subject to the Department’s enforcement action;

(c) an officer responsible for licensing functions disclosing

sensitive and confidential information obtained to assist his family member, relative or personal friend in applying for a licence;

(d) an officer involved in a tender exercise disclosing confidential

tender assessment criteria to a company in which his family, relatives or close personal friends work or have a financial interest; and

(e) an officer responsible for licensing control having his spouse

operating a consultancy firm advising clients on licensing matters.

3.39 When handling sensitive information, staff are reminded to strictly comply with the “need-to-know” principle. Officers responding to authorized request for information should not disclose more information than necessary. Likewise, officers making authorized request for information should not request more information than necessary for pursuance of their official duty. This rule of thumb holds for all circumstances, whether officers are disclosing

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information under authorization to members of the Department, other Government Departments, overseas counterparts, or parties or persons of the commercial sector. 3.40 Staff should also be mindful in handling information containing personal data. They should note that unauthorized disclosure of personal details on departmental computer or paper records may constitute a breach of the provisions of the Personal Data (Privacy) Ordinance (Cap. 486). HANDLING OF CONFLICT OF INTEREST SITUATIONS5 3.41 Conflict of interest situations arise when the private interests of an officer compete or conflict with the interests of the Department. “Private interests” include the financial and/or other interests of the officer himself and those of the following -

(a) his family or other relations; (b) his personal friends; (c) the clubs and associations to which he belongs; (d) any other groups of people with whom he has personal or

social ties; or (e) any person to whom he owes a favour or is obligated in any

way.

3.42 All officers must avoid at all times any conflict of interest between their official duties and private investments and, in particular, in relation to the following activities and trade -

import and export; dutiable commodities; motor vehicles, including dismantling of left-hand-drive

vehicles; airfreight forwarding; vanning and devanning of containers; textiles; money changing and remittance; intellectual property; consumer goods, toys and children’s products; and

5 Useful references are listed in items 10.7-10.9, 10.38 in Part 10.

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any other goods to which the Ordinances specified in Schedule

2 to the Customs and Excise Service Ordinance (Cap. 342) apply.

3.43 Conflict of interest situations may lead to corruption or other malpractice, thus affecting the interests and reputation of the Department as a whole. Some common types of conflict of interest situations that staff should avoid are -

(a) engaging in recruitment, promotion and posting of staff as a board member or a responsible staff member where one of the candidates under consideration is his family member, relative or personal friend;

(b) involving in the nomination or selection process for local or

overseas training courses or study trips, or academic awards where one of the candidates under consideration is his family member, relative or personal friend;

(c) involving in a tender assessment exercise where one of the

bidders under consideration is his family member, relative or personal friend;

(d) engaging in investigation of the companies in which his

relatives or friends are working or having financial interests; (e) failing to declare financial interest in any suppliers, contractors

or other organizations that do business with the Department; (f) engaging in negotiating for the Department the procurement of

any goods or services from suppliers who are relatives or personal friends of the officer;

(g) engaging in making a decision on the award of a contract to a

firm which he will join after resignation/retirement; (h) giving undue favourable treatment to a particular supplier,

contractor, client or subordinate for personal reasons; (i) accepting free transportation service provided by operators

who have official dealings with the Department or who come under the officer’s enforcement responsibilities;

(j) accepting from people who have official dealings with the

Department offer of complimentary tickets to a

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fair/function/performance which the officer is not invited to attend in his official capacity to discharge his official duties; and

(k) asking his subordinate to provide benefits to his relatives,

friends or associations (e.g. entering into insurance agreements with his spouse who is an insurance agent).

3.44 Every officer should take it as his personal responsibility to be alert to and avoid engaging in situations that may lead to an actual or perceived conflict of interest. He should at all times ensure that his dealings with members of the public, suppliers, contractors, traders or other related personnel and colleagues do not place him in a position of obligation that may lead to a conflict of interest situation. If an officer has official dealings with a former colleague, he should ensure that his official dealings with the former colleague are handled in the same manner as with other members of the public. An officer should also be mindful of his relationship with subordinate and avoid, or if avoidance is not possible, declare any conflict of interest in relation to his subordinate where appropriate.

3.45 It is the responsibility of an officer to make full disclosure in writing to the Deputy Commissioner, Branch Heads or Formation Heads, as appropriate, using the form attached at Annex G, for any conflict of interest situation specified under paragraphs 3.41 to 3.44. If a conflict of interest situation arises before an officer can make a written declaration to the Department, he should take the initiative to make a verbal declaration to his supervisor as soon as practicable and subsequently file a written declaration.

3.46 Failure to avoid or to declare a conflict of interest may render an officer liable to disciplinary action and, in certain circumstances, criminal proceedings such as being prosecuted under the common law offence of MIPO.

3.47 Once a report on conflict of interest situation at work is received, the supervisor should look into the circumstances of the case and decide on the necessary follow-up action. For example, the supervisor may allow the officer to handle the concerned work with or without conditions (e.g. restrict his involvement/access to related information in the task, recruit an independent officer to oversee the decision-making process), relieve the officer from performing the work, transfer the officer to another post or ask the officer to relinquish his personal interest if all other courses of action are not appropriate. Appropriate measures to avoid or mitigate the conflict should be adopted in accordance with the guidelines on managing conflict of interest set out in Civil Service Bureau Circular No. 2/2004 and the ICAC’s publication entitled “Toolkit on Managing Declared Conflict of Interest for Civil Servants”.

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3.48 A supervisor should always be alert to his subordinate’s conflict of interest situation. If it comes to his attention that his subordinate encounters a conflict of interest situation, which is unavoidable or already exists, he should require the subordinate to make a declaration for proper management. INVESTMENT6 3.49 Staff are free to make any private investments but they must take due care to avoid taking investment risks beyond their financial means. They are also required to uphold the honesty and impartiality of the Civil Service and to observe an exemplary standard of personal integrity in making private investments. Under the declaration system set out in the CSB Circular, civil service posts requiring declaration are classified into two tiers. Staff holding Tier I or II posts are subject to the declaration requirements as detailed in CSRs 463-466 and the relevant departmental standing circular. 3.50 While staff holding the posts which are not designated under the two tiers will not be subject to any requirement for regular declaration of investments, they should also consider carefully whether any investment they are about to make may lead to an actual or perceived conflict of interest with their official duties. Examples of investments, which could create a conflict of interest, include but are not limited to the following -

(a) an officer or his spouse/family member/close relative establishing a company to purchase goods from importers who have official dealings with the officer himself;

(b) an officer on enforcement duties at control points investing or

having control of investments in a transportation company which is engaged in the transportation of goods or passengers across the Hong Kong boundary;

(c) an officer responsible for information system planning and

installation investing or having control of a company selling computers or providing information technology services to the Department;

(d) an officer engaged in marine and land enforcement or

investigation duties investing in business dealing with the import/export or sale of dutiable commodities or other controlled items;


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(e) an officer engaged in intellectual property rights investigation

investing in business dealing with computer software, sale or manufacture of optical discs, import/export or sale of branded goods, etc.;

(f) an officer responsible for processing licence applications for

the manufacturing of optical discs investing in companies engaged in optical disc business;

(g) an officer responsible for processing licence applications for

money changing and remittance agencies investing in companies engaged in money changing and remittance; and

(h) an officer with trade controls inspection, investigation or

related responsibilities, investing or having control of investments in an entity registered with the Trade and Industry Department for certification or licensing purposes.

3.51 The onus for reporting conflict of interest between their official duties and private investments rests with individual officers. An officer who fails to observe any of the regulations on investments renders himself liable to disciplinary proceedings, and may in addition be required to divest himself of any or some of the investments, refrain from acquiring or disposing of the investments or place the investments in a blind trust. OUTSIDE WORK7 3.52 The Department has a prior call at all times on the service of all staff. Outside activity (whether paid or unpaid) which may impair an officer’s performance of his duties or distract his attention from them must be avoided. CSRs 550-564 set out the general guidelines on outside work. 3.53 Staff should apply for permission before they take up any paid outside work during or outside working hours, or unpaid outside work during working hours. Applications for outside employment should be made on the application form at Annex H and sent to the appropriate approving officers as indicated below for approval -


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Staff members applying for outside employment

Approving Officer

Directorate officers other than the Deputy Commissioner

Deputy Commissioner

Non-directorate Service members

Assistant Commissioner (Administration and Human

Resource Development)

Non-directorate Trade Controls Officer Grade staff

Head of Trade Controls

General and Common Grades staff

Departmental Secretary

Concerning applications for paid outside work with the Auxiliary Forces (i.e. the Government Flying Service, the Hong Kong Auxiliary Police Force, the Auxiliary Medical Service, and the Civil Aid Services) from officers at the rank of Senior Inspector/Senior Trade Controls Officer and below, the approving authority is further delegated to Senior Staff Officer (Service Administration) and Head of Trade Declaration and Systems Bureau respectively. 3.54 Staff who take up paid outside work during or outside working hours, or unpaid outside work during working hours, or use government equipment for outside work without prior approval from the Department will be liable to disciplinary action. 3.55 Staff who have been granted with approval to perform paid outside work are required to inform the management whenever they have undertaken outside work while on sick leave. For administrative convenience, sick leave of two days or less may be excluded from this reporting requirement. Staff who have undertaken outside work while on sick leave are required to report it, within three working days, in writing to the approving officers as mentioned in paragraph 3.53, as appropriate. Their report should route through their Head of Major Formation, stating the date of sick leave and the date the staff have undertaken their outside work. The staff should also include an explanation on why they can perform the outside work while they are unable to take up the normal duties due to sickness (as they are on sick leave). Based on the explanation, their Head of Major Formation is required to assess whether the staff have abused the sick leave provision by false representation of sickness. 3.56 It is crucial that outside work should not affect the performance of the staff’s duties or conflict with their official position. Common examples of outside work which would lead to a conflict of interest situation include an

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officer working for -

(a) an optical disc factory or trading company; (b) a company providing transportation service for the movement

of goods or passengers to and from Hong Kong;

(c) a textile factory or trading company; (d) a company engaging in import or export of strategic

commodities/rough diamonds; (e) a company engaging in money changing and remittance; and (f) a company engaging in business in relation to controlled

chemicals.

3.57 Staff may, without having to seek permission, undertake outside work outside working hours provided that they do not receive any remuneration for such undertaking and that such work will not give rise to any actual or perceived conflict of interest with their official duties or embarrassment to the Department. It is the responsibility of the staff to ensure that there is no conflict of interest before taking up any unpaid outside work outside working hours. They should seek advice from their supervisors in case of doubt. 3.58 Staff members, who are about to resign or retire, should be aware of possible conflict of interest between their loyalty to the Department and to the organization they intend to work for after leaving the civil service. Within two years of retirement after expiry of final leave, a retired officer requires prior approval from the following authorities before taking up any post-retirement employment or engaging in any business activity the principal part of which is carried out in Hong Kong.

Staff members applying for post-retirement employment

Approving Officer

Directorate officers

Secretary for the Civil Service

Senior Superintendent and Principal Trade Controls Officer

Commissioner

Superintendent, Assistant Superintendent and Chief Trade Controls Officer

Deputy Commissioner

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Senior Inspector and below Assistant Commissioner

(Administration and Human Resource Development)

Senior Trade Controls Officer and below Head of Trade Controls

Clerical Grades and Secretarial Grades Departmental Secretary

GAMBLING 3.59 Staff should not indulge in frequent or excessive gambling of any kind. Gambling activities of any financial stakes with subordinates or persons with whom the officer has official dealings or against whom he has enforcement responsibilities should be avoided. Even in social games, staff must exercise judgment and withdraw from any high stake games. INDEBTEDNESS8 3.60 All officers are advised to use their money wisely and to avoid incurring debts beyond their capacity to repay. Officer should also ensure that personal financial problems, if any, would not impair his efficiency at work and integrity as a civil servant. The policy and management measures against officers with an indebtedness problem are set out in CSRs 455-459 and the relevant departmental standing circular. 3.61 In accordance with CSR 455, if an officer’s efficiency is impaired or if there is misconduct as a result of indebtedness (e.g. frequent absence from work without permission), the officer concerned may be liable to administrative action (e.g. stoppage/deferment of increment or even early retirement in the public interest) or disciplinary sanction where appropriate. Among the common causes for staff becoming insolvent or bankrupt are excessive gambling and borrowing, speculative investment and leading of a life style beyond their means. 3.62 In accordance with CSRs 457 and 458, staff who become insolvent or bankrupt, even though no proceedings have been taken against them, are required to report the matter, via their immediate supervisor and/or respective Formation Heads, to the following designated officers using the form attached at Annex I -


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Staff members who are involved in indebtedness case

Designated Officer

Members of Superintendent Grade

Assistant Commissioner

(Administration and Human Resource Development)

Members of General and Common Grades with a starting salary point on or above MPS Point 34 Members at the rank of Principal Trade Controls

Officer and Chief Trade Controls Officer

Head of Trade Controls

Members of Inspectorate Grade and Customs

Officer Grade

Members at the rank of Senior Trade Controls

Officer, Trade Controls Officer and Assistant Trade Controls Officer

Staff Officer (Staff Relations)

Members of General and Common Grades with a

starting salary point below MPS Point 34

Staff with an indebtedness problem are encouraged to approach the above designated officers for advice, counselling and assistance. 3.63 Supervisors should offer early counselling to staff suspected to have financial problems and monitor their performance. They should review the posting of heavily indebted officers to decide whether they should be posted to jobs which do not have enforcement responsibilities or access to sensitive information. In any case, they should ensure that no such staff are deployed on duties involving the handling of public money. They are required to report to senior management cases where there are reasons to believe that deterioration in a subordinate’s performance is the result of indebtedness. LOANS9 3.64 The approved sources of finance from which staff may borrow money (whether at interest or not) include licensed banks, reputable lending facilities both inside and outside the Government as listed in CSR 482(2).


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Examples of these sources can also be found in the booklet “Sources of Finance for Civil Servants” (issued by Civil Service Bureau, which is available at CSB’s website at http://www.csb.gov.hk/english/publication/files/efin.pdf). 3.65 Unless otherwise approved by the Department, staff are prohibited from borrowing money (whether at interest or not) from sources other than those listed in CSR 482(2). As stipulated in CSR 483, an officer should also not, without approval, use 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. Moreover, he should not act as a guarantor for a superior or senior officer of the same grade or working in the same bureau/department. Those who contravene the regulations are liable to disciplinary punishment and, depending on circumstances, to prosecution under section 3 of the POBO. 3.66 Staff or their immediate family members should not grant or guarantee a loan to, or accept a loan from or through the assistance of any individual or organization having business dealings with the Department. For example, staff who are responsible for enforcement actions at the control points should not borrow money from cross boundary drivers or operators of transportation companies. Staff borrowing money from friends and colleagues may constitute an offence under the POBO if the circumstances as set out in Annex C are not observed. Staff are reminded that the loans should normally be repaid within 30 days. DILIGENCE 3.67 All staff are required to use their utmost exertion to promote the interests of the Government. They should be committed and dedicated to their work and should discharge their duties and responsibilities with care, diligence and thoroughness in accordance with established procedures and instructions. 3.68 An officer should observe punctuality at all times in his work. He should not be absent from his place of work without explicit leave or permission. Officers who are required to sign their attendance must properly sign the Attendance Book in person. Under no circumstances should they ask colleagues to sign the Attendance Book on their behalf nor should they themselves sign on behalf of others. An officer making false entries in the Attendance Book and the supervisor concerned conniving at such malpractice will lay themselves open to disciplinary action and, in certain circumstances, criminal proceedings (e.g. under Section 9(3) of the POBO). 3.69 An officer who is absent from duty without leave or permission is deemed to have committed a serious misconduct if he cannot satisfactorily account for his unauthorized absence, and is liable to disciplinary action. An

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officer with prolonged unauthorized absence may end up with him being summarily dismissed from the service and all his claims of pension, gratuity and other like benefits be forfeited. RESPECT FOR INTELLECTUAL PROPERTY RIGHTS10 3.70 The Government has a good reputation for control and management of intellectual property. As part of the Civil Service and more importantly, as members of the Department responsible for protection of intellectual property rights, we should regard ourselves as role-models for Hong Kong society in the respect and protection of intellectual property rights. We should go an extra mile to achieve the highest standards. 3.71 The use of unauthorized computer software and pirated goods are strictly prohibited. Staff who breach the departmental guidelines on the proper use of software would be liable to disciplinary action and/or criminal prosecution. HOUSING BENEFITS11 3.72 All officers receiving civil service housing benefits are required to thoroughly acquaint themselves with the regulations governing the provision of housing benefits and to observe the rules at all times. Any breach of the terms and conditions of the various housing benefit schemes will be taken very seriously. 3.73 Depending on the gravity of the case, the officers concerned may also be liable to disciplinary punishment, including dismissal. Officers are also reminded that breach of the terms and conditions of the housing benefits schemes may, in certain circumstances, constitute a criminal offence. Some examples of the possible breaches are listed below for general information.

Failure to report public housing benefits being received by himself or his spouse, and receipt of civil service housing benefits and public housing benefits concurrently.

Receipt of civil service housing benefits while his spouse is receiving housing benefits from her employer concurrently.

Failure to personally live in the accommodation under the civil service housing benefit scheme as his full-time residence.

10 Useful references are listed in items 10.18-10.19 in Part 10. 11 Useful reference is listed in item 10.20 in Part 10.

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Letting or subletting of the accommodation under the civil

service housing benefit scheme.

Failure to report changes affecting eligibility for housing benefits, e.g. marriage, completion or reduction of mortgage repayment, receipt of housing benefits by spouse, etc.

Claiming of rental allowance with an accommodation the officer or his relative has a financial interest.

RELATIONS WITH THE PUBLIC12

3.74 Staff should note the elements depicted in paragraphs 3.75 – 3.83 in their relations with the public. Courtesy 3.75 Courtesy is the first impression given to the public. Working in a law enforcement agency does not necessarily mean that staff need to show a square face to members of the public. Instead, the adoption of a polite and helpful attitude will often speed up the process of many matters. In dealing with the public, staff should not -

(a) ignore any request or enquiry put forth to them; (b) behave in an acrimonious or offensive manner; and (c) use any foul language even when a degree of bad feeling has

emerged.

3.76 It is the Government’s aim to serve the community. Staff should treat members of the public with respect, courtesy, consideration and reason. They should conduct themselves in a manner consistent with their position and refrain from engaging in conduct that might bring discredit or embarrassment to the Government. Good Faith 3.77 All staff should act in good faith towards the public. In their official dealings with the public, they should act to facilitate and reflect their eagerness to assist the public by adopting the following suggested approaches - 12 Useful references are listed in items 10.21-10.24 in Part 10.

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(a) providing “one-stop” service to members of the public with

whom the officer is dealing as far as practicable; (b) publishing relevant rules, regulations and procedures in

pamphlets for easy reference by the public; and (c) setting up liaison meetings with customers to improve

communication and co-operation. Fairness and Impartiality 3.78 It is essential that staff should be, and be seen to be, impartial in their dealings with the public. The following situations may invite criticisms that one party is being favoured over another, and should therefore be avoided -

(a) becoming involved in the promotional activities of private organizations;

(b) accepting excessive promotional gifts from private

organizations; (c) receiving promotional items from private organizations

without fulfilling the requirements which other people need to fulfil for such offer;

(d) attending entertainment activities offered by private

organizations not pertaining to any special occasion; and (e) accepting free service from people with whom they have

official dealings.

Reference should be made to guidelines in this Code with regard to the acceptance of advantages, entertainment and free service under paragraphs 3.5 – 3.25. 3.79 Despite that staff should act in a fair and unbiased manner, flexibility should be allowed for exceptional circumstances, such as -

(a) expeditious approval of licence and permit under special circumstances and on justifiable grounds;

(b) expeditious cargo check under special circumstances and on

justifiable grounds;

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(c) special treatment for perishable goods; and (d) help for the elderly passengers and passengers in need.

3.80 In granting special treatment for exceptional cases, there must be sufficient justifications to warrant the special process and governing measures to prevent any abuse. It is important that clear guidelines be spelt out in the work manual of Major Formations to address the handling of these special cases. Proper Exercise of Powers 3.81 Staff should not associate with undesirable characters or visit places of poor or doubtful reputation except in the course of duty and with the prior approval of their supervisors. Such contacts or visits may tempt officers into improper exercise of powers. They should refuse requests for information or advice relating to specific cases from persons under investigation or arrest by the Department or other enforcement agencies. The officer being approached should make a note of such a request, the relationship between himself and the person seeking the information/advice, and how the request has been handled. The note should then be filed and forwarded to the officer’s supervisor for information and record purposes. 3.82 In exercising their powers, staff must act fairly, in good faith and without bias. They must give each party the opportunity to adequately state his case.

Disclosure of Identity

3.83 Under all circumstances members of the public have the right to know who they are dealing with. Staff must therefore make proper identification of themselves when coming into contact with the public in the course of duty, whether through correspondence, by telephone calls, e-mail or meeting in person, save under the circumstances that the disclosure of identity may jeopardize the operations of the Department, e.g. when carrying out investigation or undercover duties. Channels for Complaints against Customs 3.84 In order to maintain public confidence, the following channels of complaint are open to members of the public -

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(a) verbal complaints made in person will be referred to the

Divisional Commander concerned, or in his absence the most senior officer present;

(b) complaints made by telephone or in writing will be referred to

the Group Head (Complaints Investigation Group) who is designated as the Departmental Complaints Officer (Tel. No. 3759 2041);

(c) complaints made in the press or other media will be referred

by the Departmental Principal/Senior Information Officer to the Deputy Commissioner; and

(d) complaints of assault will normally be referred to the Police

for further investigation.

3.85 All complaints must be dealt with promptly and objectively. Reference should be made to the departmental standing circular with regard to the procedures to deal with complaints against Customs personnel. All complaint information received should be kept confidential.

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PART 4 WORK ENVIRONMENT

4.1 The Department has a duty of care to protect its officers and provide them with a healthy and safe workplace, which is free of discrimination and harassment. A good working environment should be one that is -

(a) fair and equitable; (b) safe and supportive; (c) free of alcohol and drugs; (d) free of harassment and unjustified discrimination; (e) receptive to individual differences and cultural diversity; (f) geared towards the provision of honest performance feedback

and development opportunities; and (g) proactive in seeking staff involvement in the decision making

process.

SMOKING13 4.2 Staff must not smoke in all indoor areas occupied by, or under the management and control of the Department, or when on duty in public view. When staff are carrying out duties at private premises, they are also discouraged from smoking and must not smoke in areas in which smoking is prohibited by the proprietor. Reference can be made to the Smoking (Public Health) Ordinance (Cap. 371) and the relevant departmental standing circular. ALCOHOL 4.3 Staff must not, through the intake of intoxicating liquor, render themselves unfit to perform their duties.

13 Useful reference is listed in item 10.25 in Part 10.

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4.4 As alcohol may be a contributory factor in workplace accidents, officers engaged in boarding vessels or operating motor vehicles or machinery should refrain from consuming any alcohol in the period immediately prior to commencing duties. DANGEROUS DRUGS 4.5 The Department is responsible for preventing and suppressing the illegal import, export, trafficking, manufacturing, possession and use of dangerous drugs, which is part of the Government's strategy for dealing with the drug problem. Staff should, of course, stay away from dangerous drugs and must not, knowingly, associate with persons involved or suspected to be involved in the commission of any offence under the Dangerous Drugs Ordinance (Cap. 134), except in the course of performing official duties and in accordance with the relevant departmental guidelines/procedures. TELECOMMUNICATION EQUIPMENT14 4.6 All staff members shall observe and adhere to the following principles when carrying and using private telecommunication equipment while on duty -

(a) the use shall not undermine or interfere with the discharge of their official duties;

(b) the frequency of such use shall be kept to the minimum, and

be as short as possible on each occasion; to avoid bringing disturbance to others, the equipment should be switched to silent mode when in office;

(c) the use shall not in any way impair the image of the

Department or bring the Government service into disrepute; and

(d) Service members in uniform shall only be allowed to carry

private telecommunication equipment in a manner, which does not distract from their overall appearance in uniform, and the equipment shall be concealed when not in use and kept in silent mode.


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4.7 The Heads of Major Formations may issue supplementary internal instructions to regulate or limit the carry and use of private telecommunication equipment by their staff while on duty. OFFENSIVE LETTERS 4.8 Staff should not write offensive letters whether openly or anonymously as means to express their dissatisfaction towards their work or co-workers. The proper channel should be sought to discuss on possible solutions. If an officer wishes to lodge a staff complaint, he can write or verbally report to the Departmental Staff Complaints Officer as follows -

Staff Members

Departmental Staff Complaints Officers

Members of Customs and Excise Service Members of General and Common Grades

Assistant Commissioner (Administration and Human

Resource Development)

Members of Trade Controls Officer Grade Head of Trade Controls

PUBLIC COMMENT 4.9 Staff have the right to make public comment and enter into public debate on issues of the day. However, there are circumstances where making public comment is inappropriate because of the staff’s official position. Staff should therefore avoid making untimely or inappropriate public comment which may include -

(a) where personal statements or opinions could be implied to be official comments;

(b) attacks on the administration of the Department which could

cause disruption to the workplace; (c) expressing a negative opinion about the Government policy

when acting in an official capacity; (d) personal attacks on colleagues of the Department; and (e) divulging sensitive information about the Department’s

operational tactics or strategies.

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PART 5 FAIRNESS, NON-DISCRIMINATION AND

EQUAL OPPORTUNITIES

5.1 A commitment to fairness and non-discrimination and equal opportunities is central to maintaining Customs standards of equity, ethical conduct and accountability. The Department aims to ensure that no job applicant or staff receives less favourable treatment on the grounds of race, gender, age, marital status, disability or family status. The policy also covers recruitment, induction, conduct at work, and the disciplinary and complaint procedures. Selection criteria and procedures are in place to ensure that individuals are treated on the basis of their relevant merits and abilities. 5.2 The Department is committed to promoting diversity and equality amongst staff, maintaining ethical conduct and accountability, and fostering an equal working environment in which all staff members are treated with respect and dignity. We comply with all statutory obligations under the four anti-discrimination ordinances, namely the Sex Discrimination Ordinance (Cap. 480), the Disability Discrimination Ordinance (Cap. 487), the Family Status Discrimination Ordinance (Cap. 527) and the Race Discrimination Ordinance (Cap. 602). Moreover, we also strive our utmost effort to comply with the codes of practice issued by the Equal Opportunities Commission as well as the relevant guidelines by the Civil Service Bureau. Regular equal opportunities training is provided to staff at all levels to enhance their awareness and roles in promoting awareness among colleagues. 5.3 All staff members must take an active role in ensuring that the work environment is free of discrimination and harassment of any kind. Any forms of direct and indirect discrimination on the ground of disability, sex, marital status, pregnancy, age, family status, sexual orientation and race in the conduct of work are unlawful and prohibited. All staff members have a legal and moral obligation not to discriminate, and to report incidents of discrimination against any individual or group of individuals. Any staff members found to be in breach of the law against discrimination may be subject to disciplinary proceedings. 5.4 Staff members have the right to complain against any act of discrimination. They can lodge written or verbal complaints to the Departmental Staff Complaints Officer, as appropriate. All complaints will be dealt with in the strictest confidence.

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5.5 All customers of the Department, regardless of race, culture, religion or language, should receive the same or equal treatment in all Customs activities. SEXUAL HARASSMENT 5.6 All staff should recognize and take seriously the need to ensure that workplace is free from sexual harassment and all staff should treat their colleagues with respect. A person sexually harasses another person if - (a) the person (i) makes an unwelcome sexual advance, or an unwelcome

request for sexual favours, to that person; or (ii) engages in other unwelcome conduct of a sexual nature in

relation to that person;

in circumstances in which a reasonable person, having regard to all the circumstances, would have anticipated that that person would be offended, humiliated or intimidated; or

(b) the person, alone or together with other persons, engages in

conduct of a sexual nature which creates a hostile or intimidating environment for that person.

5.7 If a person considers that he/she is being sexually harassed, the most straightforward way is to tell the alleged harasser that his/her acts are unwelcome and should be stopped. When the complainant requests an investigation into his/her allegation, the complaint should be dealt with in accordance with the relevant departmental standing circular.

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PART 6 COMPLIANCE WITH THE LAW AND THE CODE

COMPLIANCE WITH THE LAW15 6.1 All staff must comply with the law. A Service member of the Department shall as soon as practicable notify the Duty Controller if he is arrested by another law enforcement agency, irrespective of whether it is within or outside Hong Kong. If the circumstances do not allow such notification, he shall request the law enforcement agency to notify the Duty Controller. Notwithstanding the notification of the law enforcement agency, the subject Service member shall also notify the Duty Controller whenever the circumstances allow. 6.2 Staff against whom criminal proceedings are being instituted are required to report to the Department, irrespective of whether such proceedings would have led to criminal conviction, using the form attached at Annex J. Criminal proceedings arise when a person is served with a summons to appear before a court of criminal jurisdiction. If as a result of such criminal proceedings he is found guilty of an offence, he is criminally convicted of the offence. For punishment of staff who are guilty of a criminal offence, reference will be made to the Customs and Excise Service Ordinance (Cap. 342), the Public Service (Administration) Order, the Public Service (Disciplinary) Regulation and the relevant CSRs, as appropriate. 6.3 With reference to various road traffic offences, the following are some examples showing the circumstances under which staff should report to the Department as soon as possible for consideration of appropriate action -

(a) an officer charged with a traffic offence of “careless driving” or “dangerous driving”, even if the offence is committed outside his normal working hours and is not duty-related; or

(b) an officer charged with the offence of riding a bicycle on any

foot-path without obvious necessity; or (c) an officer disqualified from holding a driving licence for

having incurred 15 or more points in respect of offences which have been committed within a period of two years.

6.4 In the event that an officer is given an opportunity to discharge his liability to conviction for a scheduled offence under the Fixed Penalty (Criminal 15 Useful references are listed in items 10.28-10.30 in Part 10.

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Proceedings) Ordinance (Cap. 240) by payment of the fixed penalty for it, he is not required to report the case to the Department. However, if he contests the issue of a fixed penalty notice and is served with a summons, he has to report the case to the Department as criminal proceedings commence with the serving of the summons. 6.5 As regards criminal proceedings of traffic offences, all Service members are required to report to the Department under any circumstances. However, according to the Civil Service Bureau Circular No. 2/2009, officers16, other than those disciplined services staff 17 , are exempted from reporting criminal proceedings and conviction of a minor non-duty related traffic offence18 to the Department. A traffic offence is deemed to be non-duty related if an officer is neither driving or using a government owned or hired vehicle, nor driving or using any vehicle for specified duties as instructed by the Department at the time of committing the offence. The exemption is subject to all the following conditions being met -

(a) the officer is convicted of only one traffic offence in the court proceedings;

(b) the conviction results in a fine of not more than HK$1,000,

with no other penalty imposed; and

(c) the officer has no more than one criminal conviction of traffic offence in the two years preceding the date of the current conviction (i.e. an officer is required to report his case if it is his third conviction of any traffic offence in the two-year period ending on the date of the current conviction).

6.6 Service members of the Department should observe strictly the provisions of the Customs and Excise Service Ordinance (Cap. 342), failure of which might result in disciplinary actions taken against them. REPORT OF DISCIPLINARY OFFENCE 6.7 Staff should report, without delay, if they have reasonable grounds or facts to believe that there are suspected disciplinary offences involving any

16 “Officers” in the Public Service (Administration) Order as applicable to the Public Service (Disciplinary)

Regulation is defined as “any person holding an office of emolument under the Government of HKSAR, whether the office is permanent or temporary, and serving in a government bureau or department”.

17 This refers to “Service members” in the context of Customs and Excise Service. 18 A traffic offence refers to an offence committed by an officer in connection with the driving or use of a

motor vehicle, whether as a driver or passenger, on a road.

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other members of the Department. REPORT OF CRIMINAL OFFENCES INCLUDING CORRUPTION-RELATED OFFENCES 6.8 Staff should report all instances of crime or alleged crime to the appropriate law enforcement authority or the Department at the first practicable opportunity. Staff has no discretion in deciding which cases of crime or alleged crime to report. He should also avoid making any enquires or taking any action that may hinder or frustrate subsequent investigation by the law enforcement authority concerned. 6.9 Attempting to bribe a government officer is a criminal offence under the POBO. Such attempts should be reported promptly. Failure to do so may render the staff liable to disciplinary action or, in certain circumstances, to prosecution. 6.10 Staff should report to his Head of Branch (i.e. AC/HTC) direct for any corrupt practice concerning any officers of the Department, whether such information or knowledge comes to the staff’s possession in the course of his official duty or in his private capacity. Staff can also report any case of corrupt practice directly to the ICAC on his own initiative, particularly when the circumstance so dictates, e.g. in case of urgency. The ICAC Report Centre with telephone number of 2526 6366 is manned 24 hours a day. 6.11 Staff are reminded that whenever they are offered a bribe or the promise of a bribe to be paid some time afterwards, they should refuse the offer and follow the steps to be taken to protect themselves as set out in Part 7 “What To Do When Being Offered A Bribe” of this Code and the relevant circulars issued by the Government and the Department. COMPLIANCE WITH THE CODE 6.12 It is the personal responsibility of staff, including non-civil service contract staff, to understand and comply with this Code. Apart from the issue of the Code which serves as a useful tool to help staff avoid potential conflict of interest and to uphold the highest standard of conduct in their work, the Departmental Integrity Programme also includes the following with a view to embedding a culture of probity in the Department and maintaining a clean and efficient Customs service -

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(a) organizing regular awareness seminars; (b) conducting tailor-made training courses unique to Customs

operations continuously; and (c) conducting regular reviews of Customs administrative

procedures and systems to deter abuses and detect malpractices, in consultation with relevant administrative bodies.

6.13 Supervisors should in their day-to-day supervision ensure that all their subordinates understand the Code well and comply with its standards and requirements. To assist supervisors in this matter, a video on the Code has been produced for training purpose and distributed to all Formations for viewing by their staff. 6.14 The Code is subject to review on a regular basis. Problems encountered in enforcement as well as comments or suggestions for improvement of the Code should be channelled to the Assistant Commissioner (Administration and Human Resource Development) or Departmental Secretary for consideration and action. 6.15 The Department will not tolerate any illegal or unethical acts. Violation of the Code, where appropriate, may result in initiation of disciplinary action as the circumstances of each case warrant. A list of illegal or unethical acts contrary to respective ordinances, government regulations and circulars as well as the departmental standing circulars is attached at Annex K for easy reference. The list is by no means exhaustive. In case of doubt, officers should seek advice from their supervisors/Formation Heads who may seek clarification with the Assistant Commissioner (Administration and Human Resource Development) or Departmental Secretary when necessary.

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PART 7 WHAT TO DO WHEN BEING OFFERED A BRIBE

7.1 Circumstances may arise in which you are offered a bribe. Should this happen, you should remain calm, think carefully and take the following steps to protect yourself. Step 1 : Identify the offeror and the reason(s) for the bribe

You should obtain the identity of the offeror or at least memorize sufficient details so that you can pick him out in an identification parade should this be organized subsequently.

To know the reason(s) for the offer of the bribe will provide useful

evidence in prosecution. Step 2 : Refuse the bribe

There is no need to accept the advantage as evidence before making a report to the ICAC. Therefore, refuse the bribe.

Try to avoid any long conversation or debate on the subject. Just

remain calm, be brief and sensible. In case the bribe is forced upon you to a degree that you cannot

refuse e.g. offeror leaving the bribe with you and departing suddenly, you may have to retain it. However you should handle the money or gift (or its container) as little as possible.

Step 3 : Obtain witnesses if possible

Witnesses such as colleagues working nearby should be approached. Tell them in the presence of the offeror that a bribe is being offered.

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Step 4 : Prepare written record

Record any attempt to bribe immediately, in an official notebook if available, because courts attach much importance to the original notes when examining evidence.

This can also protect yourself against any later allegation that you

intended to keep the advantage or it was you who solicited it in the first place.

Step 5 : Report through your Branch Head or to the ICAC direct

Report should be made as soon as possible to avoid counter-allegations.

Continue to work in the usual manner, particularly for the work

relating to the attempted bribe. Details on procedures to be followed when allegations of

corruption are received can be found in the relevant CSB circular.

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PART 8 SUPERVISORY ACCOUNTABILITY

8.1 Staff who have a responsibility to supervise and direct subordinates should embrace a two-fold responsibility, namely –

the satisfactory discharge of his own duties; and his duties as a supervisor.

8.2 A supervisor will be asked to account for acts or omissions by his subordinates, if these acts are serious, repeated or widespread that by reasonable diligence the supervisor should have known of them had he exercised the level of leadership, management and supervision required of his position. 8.3 A supervisor should –

provide adequate guidance, advice, counseling and training for his subordinates;

monitor the conduct and performance of his subordinates to ensure

that they meet the standards required;

be alert to signs of malpractice in the work place (e.g. unauthorized absence from work);

take prompt and decisive action to handle misconduct and poor

performance; and

ensure the proper handling of the conflict of interest declared by their subordinates.

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PART 9 SOURCE FOR ADVICE AND INFORMATION

9.1 The Code is a guide and should not be solely relied upon, especially when complex issues arise. When in doubt, staff should contact their supervisors or Formation Heads first for advice. If further clarification is needed, the Heads of Formations can approach the Assistant Commissioner (Administration and Human Resource Development) or Departmental Secretary for advice. Their telephone numbers are as follows –

Assistant Commissioner (Administration and Human Resource Development)

3759 2003

Departmental Secretary 3759 3888 9.2 Further information on Integrity Management can be found in Resource Centre on Civil Service Integrity Management which can be reached through Central Cyber Government Office at the address http://rcim.host.ccgo.hksarg/eindex.html.

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PART 10 LIST OF USEFUL REFERENCES

Integrity Steering Committee 10.1 Departmental Standing Circular No. 1/2007 informs staff members of

the restructuring of the Integrity Steering Committee (ISC) and the amended Integrity Action Plan.

Acceptance of Advantages/Entertainment 10.2 CSB Circular No. 3/2007 reminds all officers of the provisions in the

Prevention of Bribery Ordinance (Cap. 201) against the acceptance of advantages without permission. It gives a digest of the provisions in the Acceptance of Advantages (Chief Executive’s Permission) Notice, insofar as those provisions are applicable to the acceptance of advantages offered to an officer in his private capacity.

10.3 CSB Circular No. 4/2007 gives guidance to officers and departments on

how to handle advantages/entertainment offered to an officer in his official capacity gifts and donations to a department for the benefit of staff.

10.4 Departmental Standing Circular No. 9/2008 draws attention of all staff

members including staff on non-civil service terms, to the CSB Circular No. 3/2007 on acceptance of advantages offered to an officer in his private capacity.

10.5 Departmental Standing Circular No. 10/2008 draws attention of all staff

members including staff on non-civil service terms, to the CSB Circular No. 4/2007 on advantages/entertainment offered to an officer in his official capacity and gifts and donations to a department for the benefit of staff.

10.6 CSRs 431-435 and 444 set out the definition and regulations on

acceptance of advantages/entertainment. Conflict of Interest 10.7 CSB Circular No. 2/2004 sets out the requirements to avoid conflict of

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interest, and the course of action to be taken by an officer when he faces a real or apparent conflict of interest situation. It also sets out the role of supervisors in managing conflict of interest.

10.8 Departmental Standing Circular No. 10/2004 sets out the requirements to avoid conflict of interest, and the course of action to be taken by an officer when he faces a real or apparent conflict of interest situation. It also sets out the role of supervisors in managing conflict of interest.

10.9 ICAC Toolkit on Managing Declared Conflict of Interest for Civil

Servants highlights the supervisors’ role in managing conflict of interest declared by their subordinates, the common pitfalls in and guiding principles for managing declared conflict of interest, as well as the recommended measures to mitigate the conflict.

Investment 10.10 CSB Circular No. 8/2006 announces the guidelines for civil servants to

declare private investments in and outside Hong Kong. 10.11 Departmental Standing Circular No. 7/2007 sets out the guidelines and

instructions on declaration of investments and to remind staff of the need to report any investments which may give rise to any conflict of interest between their investments and official duties.

10.12 CSRs 463-466 set out the requirements on declaration of investments. Outside Work 10.13 CSB Circular No. 9/2015 sets out the rules governing outside

employment during pre-retirement leave and post-retirement. The rules are designed to make sure that officers leaving the service do not enter into any employment which may compromise them or the Government, whether through a conflict of interest or by taking up a job which could reflect badly on or otherwise embarrass the Government. It should be read in conjunction with Departmental Standing Circular No. 6/2015, CSR 398 and 559(4).

10.14 CSRs 550-564 set out the regulations on taking up outside work by civil servants.

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Indebtedness/Loans 10.15 CSB Circular No. 4/2002 reminds civil servants of the importance of

prudent management of personal finance. It sets out, for departmental management, the revised guidelines on actions that should be taken in dealing with cases of staff indebtedness and serious pecuniary embarrassment in the civil service.

10.16 Departmental Standing Circular No. 22/2002 reminds staff of the

importance of prudent management of personal finance and the actions required of both individual officers and management to discharge their respective responsibilities with regard to indebtedness in the civil service.

10.17 CSRs 455-459 set out the actions to be taken by the management and the

staff in case of insolvency or bankruptcy situations. CSRs 482-483 set out the restrictions for staff on borrowing money at interest and using subordinates as guarantors.

Respect for Intellectual Property Rights 10.18 Departmental Standing Circular No. 29/2000 draws the attention of all

staff to the serious consequence of knowingly using pirated computer software in connection with official business.

10.19 Departmental Standing Circular No. 5/2007 reminds all staff NOT to use

any unlicensed computer software, and to announce the conduct of inspection visits by authorized officers of the Office of Information Technology (OIT) on compliance of the prohibition rule.

Housing Benefits 10.20 Departmental Standing Circular No. 26/99 serves to remind officers in

receipt of civil service housing benefits of their responsibility to observe all regulations governing the provision of housing benefits and outlines the rules common to the various housing schemes.

Making Complaints 10.21 Departmental Standing Circular No. 12/2007 outlines the procedures for

the handling of complaints from staff.

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10.22 Departmental Standing Circular No. 2/2011 outlines the procedures on

handling of public complaints. 10.23 CSB Circular No. 11/2004 promulgates a set of guidelines for handling

sexual harassment complaints in the civil service. 10.24 Departmental Standing Circular No. 8/2007 sets out the revised

departmental guidelines for handling sexual harassment complaints. Smoking 10.25 Departmental Standing Circular No. 15/2006 aims to summarize the

implementation arrangements and guidelines in relation to the Smoking (Public Health) (Amendment) Ordinance 2006.

Telecommunication Equipment 10.26 Departmental Standing Circular No. 20/2000 draws the attention of all

staff to the prohibition of the use of mobile telephones and other telecommunications equipment while driving.

10.27 Departmental Standing Circular No. 3/2009 sets out the principles and

guidelines governing the carry and use of private telecommunication equipment by staff members of the Department while on duty.

Report of Criminal Proceedings 10.28 Departmental Standing Circular No. 33/99 reminds staff of the

requirement to report any criminal proceedings being instituted against them and gives guidelines on situations where criminal proceedings will be instituted with reference to road traffic offences.

Report of Crime, Corrupt Practice and Bribery

10.29 CSB Circular No. 7/2012 reminds staff of their obligation to report to

the appropriate law enforcement authority all instances of crime or alleged crime (including corruption-related offences) which they come across in their official or personal capacities.

10.30 Departmental Standing Circular No. 24/99 reminds staff of the need for

prompt reporting of corrupt practices and bribery.

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Relevant Links and Publications 10.31 Civil Service Code –

http://www.csb.gov.hk/english/admin/conduct/files/CSCode_e.pdf 10.32 Resource Centre on Civil Service Integrity Management –

http://rcim.host.ccgo.hksarg/eindex.html 10.33 Sources of Finance for Civil Servants –

http://www.csb.gov.hk/english/publication/files/efin.pdf 10.34 Misconduct in Public Office –

http://rcim.host.ccgo.hksarg/pdf/english/publications/MIPO_Booklet_Eng_2012.pdf

10.35 Ethical Leadership in Action: Handbook for Senior Manager in Civil

Service – http://www.csb.gov.hk/english/publication/files/Ethical_Leadership_in_Action_Handbook_2008_extract.pdf

10.36 Small Booklet for frontline Civil Services on Corruption Prevention –

http://www.icac.org.hk/filemanager/en/content_216/civil-servants.pdf

10.37 Checklist for Integrity Management – http://rcim.host.ccgo.hksarg/pdf/english/publications/CSIEP-CheckList(Final).pdf

10.38 Toolkit on Managing Declared Conflict of Interest for Civil Servant –

http://rcim.host.ccgo.hksarg/pdf/english/publications/coi_toolkit.pdf

Annex A

Major Points to Note in Sections 3, 4 and 10 of the Prevention of Bribery Ordinance (Cap. 201)

Section 3 Section 4 Section 10

The Gist Government officer

Without the general or special permission of the Chief Executive

Solicits or accepts any advantage

Government officer

Without lawful authority or reasonable excuse

In Hong Kong or elsewhere

Solicits or accepts any advantage

Using his official position or otherwise on account of his performing or abstaining from performing any act in his capacity as a public servant

Former or serving government officer

Maintains a standard of living or possesses or controls assets which are not commensurate with his official emoluments

Without any satisfactory explanation to the court

The Spirit To prevent a government officer from falling into the “Sweetening Process”

To uphold an extremely high standard of integrity for the civil service. This high standard is needed because a government officer has powers and influence which are not available to ordinary citizens

To prevent a government officer from abusing his authority for personal gain

To safeguard the interests of the government and the community at large

To bring to book a government officer who receives bribes over a period of time

The Penalty A maximum fine of HK$100,000 and imprisonment for 1 year

To pay any part of the advantage received by the convicted as specified by the court

A maximum fine of HK$500,000 and imprisonment for 7 years

To pay any part of the proceeds of corruption received by the convicted as specified by the court

A maximum fine of HK$1,000,000 and imprisonment for 10 years

To pay a sum not exceeding the amount of the pecuniary resources the convicted possesses, the acquisition of which cannot be explained to the satisfaction of the court

Annex B

Circumstances for Accepting Restricted Advantages under General Permission

Gifts/Discounts/Passages

Relevant paragraphs in the AAN

3 5 6 4

Status of Offeror

Relation * Close Personal Friends

Other Persons Tradesmen/Commercial Establishments/Associations

Restriction/ Limit of Monetary Value

may solicit or accept any gift/ discount/ passage of any value

may accept, but not solicit, a gift/passage of a value up to HK$3,000 on special occasion (e.g. wedding, birthday, retirement, etc)

HK$500 on other occasions

may accept, but not solicit, a gift/passage of a value up to HK$1,500 on special occasion

HK$250 on other occasions

may solicit or accept any gift/discount/passage of any value

Other Conditions

no other condition

donor not being a subordinate of the officer

donor having no official dealings with the department in which the officer works

the occasion on which the gift or passage is presented not being one which the officer attends in his official capacity or by virtue of the official position he holds at the time

advantage offered to the officer in his private capacity

donor has no official dealings with the officer

in the course of normal business of the donor

the advantage is equally available on equal terms to other persons

* ‘Relation’ means: ‧spouse (including a concubine); ‧child’s spouse; ‧any person with whom the prescribed officer ‧brother, sister; is living in a regular union as if man and wife; ‧spouse’s brother, spouse’s sister; ‧fiancé, fiancée; ‧half-brother, half-sister; ‧parent, step-parent, lawful guardian; ‧step-brother, step-sister; ‧spouse’s parent, spouse’s step-parent, ‧brother’s spouse, sister’s spouse; spouse’s lawful guardian; ‧brother’s child, sister’s child; ‧grandparent, great-grandparent; ‧parent’s brother, parent’s sister; ‧child, ward of court; ‧parent’s brother’s spouse, parent’s sister’s spouse; ‧spouse’s child, spouse’s ward of court; ‧parent’s brother’s child, parent’s sister’s child ‧grandchild;

Annex C

Circumstances for Accepting Restricted Advantages under General Permission

Loans of Money

Relevant paragraphs in the AAN

3 5 6 4

Status of Offeror or Lender

Relation * Close Personal Friends Other Persons Tradesmen/Commercial Establishments/Associations

Restriction/ Limit of Monetary Value

no limit maximum HK$3,000 per person per occasion

maximum HK$1,500 per person per occasion

no limit

Other Conditions

no other condition

repaid within 30 days

lender not being a subordinate of the officer

lender having no official dealings with the department in which the officer works

loan offered to the officer in his private capacity

lender has no official dealings with the officer

loan conditions offered similar to other persons

in the course of normal business of the lender

* ‘Relation’ means: ‧spouse (including a concubine); ‧child’s spouse; ‧any person with whom the prescribed officer ‧brother, sister; is living in a regular union as if man and wife; ‧spouse’s brother, spouse’s sister; ‧fiancé, fiancée; ‧half-brother, half-sister; ‧parent, step-parent, lawful guardian; ‧step-brother, step-sister; ‧spouse’s parent, spouse’s step-parent, ‧brother’s spouse, sister’s spouse; spouse’s lawful guardian; ‧brother’s child, sister’s child; ‧grandparent, great-grandparent; ‧parent’s brother, parent’s sister; ‧child, ward of court; ‧parent’s brother’s spouse, parent’s sister’s spouse; ‧spouse’s child, spouse’s ward of court; ‧parent’s brother’s child, parent’s sister’s child ‧grandchild;

Annex D

Application for Special Permission to Accept “Restricted” Advantages Offered to an Officer in his Private Capacity

Note : (1) The information provided will be used for the processing of application for acceptance of “restricted”

advantage(s) and other related purposes. It may be disclosed to government bureaux/departments and other organizations for the purposes mentioned.

(2) The provision of personal data in this form is voluntary. However, we may not be able to process the application if sufficient information is not provided.

(3) Applicant has the right to request access to or correction of personal data provided on this form in accordance with the provisions of the Personal Data (Privacy) Ordinance (Cap. 486). Such requests should be made by letter or on the Data Access Request Form (Form OPS003) and sent to the Departmental Secretary for processing.

(4) Having read and understood Departmental Standing Circular No. 9/2008, the applicant should complete Part I and submit his/her application, via the recommending officer who should be his Branch Head/Head of Major Formation, as appropriate, to the appropriate officers as follows – Applicant Vetting Officer Approving Officer (a) For officers at the rank of Assistant Superintendent/

Chief Trade Controls Officer and above (or equivalent) DS C

(b) For officers at the rank of Senior Inspector/Senior Trade Controls Officer and below (or equivalent)

EO(P)3 DS

(5) For acceptance of advantage from subordinate, irrespective of its nature and value as well as the occasion on which the advantage was offered, special permission should be sought by using this application form.

(6) * Please delete if not applicable.

(7) Please tick the appropriate box(es). _________________________________________________________________________________________ Part I (To be completed by the Applicant) To : Recommending Officer In accordance with Departmental Standing Circular No. 9/2008, I wish to apply for special permission to accept the following “restricted” advantage(s) which is/are given in my private capacity –

Types of Advantage(s) Description Estimated

Cost (HK$) Name of Offeror Date/ Occasion

* Gift/ Discounts/ Passages/

Loans of Money

Relationship between the offeror and me -

Close personal friend – The offeror is/is not* my subordinate.

Other person – The offeror is/is not* my subordinate.

Tradesman/company (Name: ____________________________________________ ) (To my best knowledge, the advantage is/is not* available on equal terms to persons who are not government officer.)

Others (please specify ________________________________________________________)

The offeror has/has no* official dealings with me/the Department. (please specify the official dealings, if any _____________________________________________________________________).

Name : Signature :

Rank/Post : Date :

Formation/ Division : ODA 102(e)

Part II (To be completed by the Recommending Officer) To : *DS / EO(P)3 I confirm that the applicant *has / has no official dealings with the offeror and the offeror *is / is not the subordinate of the applicant. I *recommend / do not recommend that approval be given for accepting the “restricted” advantage(s) mentioned in Part I.

( ) Recommending Officer / Designation

Date / / Part III (To be completed by the Vetting Officer) To : *C / DS I *support / do not support the application which *is / is not in line with the contents of the Departmental Standing Circular No. 9/2008.

( )

*DS / EO(P)3 Date / /

Part IV (To be completed by the Approving Officer) To : *DS / EO(P)3 This application *is / is not approved. Please notify the applicant of my decision.

( )

*C / DS Date / /

Part V (To be completed by the Vetting Officer) To : SCO(PS) Please take follow-up action.

( )


Annex E

Application for Approval to Dispose of Gift(s) Presented to an Officer in his Official Capacity

Note: (1) The information provided will be used for processing the disposal of gifts accepted in official capacity and

other related purposes. It may be disclosed to government bureaux/departments and other organizations for the purposes mentioned.

(2) Recipient should complete Part I. The provision of personal data in this form is voluntary. However, we may not be able to process the disposal of gifts if sufficient information is not provided.

(3) You have the right to request access to or correction of personal data provided on this form in accordance with the provisions of the Personal Data (Privacy) Ordinance (Cap. 486). Such requests should be made by letter or on the Data Access Request Form (Form OPS003) and sent to the Departmental Secretary for processing.

(4) Recipient should submit this form, via the recommending officer who should be his/her Branch Head/ Head of Major Formation, as appropriate, to the appropriate officers as follows –

Recipient Vetting Officer Approving Officer (a) For officers at the rank of Assistant

Superintendent/Chief Trade Controls Officer and above (or equivalent)

DS C

(b) For officers at the rank of Senior Inspector/ Senior Trade Controls Officer and below (or equivalent)

EO(P)3 DS

(5) Both the recipient and the recommending officer should comply with the content of Departmental Standing Circular No. 10/2008 when filling in the form. Please be reminded that all gifts presented to an officer in his official capacity are regarded as gifts to the Department and will only be allowed for personal retention under very restricted circumstances.

(6) * Please delete if not applicable. Part I (To be completed by the Recipient) To : Recommending Officer In accordance with Departmental Standing Circular No. 10/2008 (see note (5) above), I would like to report that I have received the following gift(s) which was/were presented to me in my official capacity -

Item No.

Description

Estimated Cost (HK$)

Name of Offeror

Date/ Occasion

I would like to propose that the above gift(s) be disposed as below - (a) item no. to be shared among my office or section as the gift(s) is/are of perishable nature; (b) item no. to be sent to a *charitable organization/school/library/museum as the gift(s) is/are useful

item(s); (c) item no. to be donated to *the Department’s/my office’s social function as lucky draw prize; (d) item no. to be put on display in the office and be recorded in the office’s inventory; (e) item no. to be given back for my personal retention as the gift(s) is/are

personally inscribed item(s) with the value above $400 to $1,000; received by me as the Guest of Honour/officiating guest, with the value above $400 to $1,000; or with the value above $50 or 0.1% of my substantive salary, whichever is the higher, to $400.

(f) others, please specify________________________________________________________________________.

Name : Signature :

Rank/Post : Date :

Formation/ Division : ODA 108(e)

Part II (To be completed by the Recommending Officer) To : *DS / EO(P)3 I *recommend / do not recommend that approval be given for *all of the gifts / gift(s) of item no. ____________ to be disposed as proposed.

( ) Recommending Officer / Designation

Date / / Part III (To be completed by the Vetting Officer) To : *C / DS I *support / do not support the application which *is / is not in line with the contents of the Departmental Standing Circular No. 10/2008.

( )


Part IV (To be completed by the Approving Officer) To : *DS / EO(P)3 The application *is / is not approved. Please notify the recipient of my decision.

( )

*C / DS Date / /

Part V (To be completed by the Vetting Officer) To : SCO(PS) Please take follow-up action.

( )


Annex F

Notification of Acceptance of Entertainment

Note : (1) The information provided in this form will be used for administration of acceptance of entertainment and other related purposes.

(2) The reporting officer should complete Part I and submit this form to the appropriate officers as indicated below -

Reporting Officers

Responsible Officers

Completed form to be kept by

(a) For Heads of Major Formations and officers at Superintendent level

Respective Branch Heads

DS

(b) For other officers below Formation Head and Superintendent level or equivalent

Respective Formation Heads

”

(3) The reporting officer has the right to request access to or correction of personal data provided on this form in accordance with the provisions of the Personal Data (Privacy) Ordinance (Cap. 486). Such requests should be made by letter or on the Data Access Request Form (Form OPS003) and sent to the Departmental Secretary for processing.

______________________________________________________________________________________________

Part I (This part should be completed by the reporting officer) To : ______________________ (*Branch Head/Formation Head)

via ___________________ (immediate supervisor)

In accordance with the Department’s Code on Conduct and Discipline, I report below that I *will/have accept(ed)/attend(ed) the following entertainment -

Date/ Time

Venue Description of Entertainment

Host Purpose Name of staff

of the Department accompanying

Name : Signature :

Rank/Post : Date :

Formation/ Division :

Part II (This Part should be completed by the Branch Head/Formation Head) To : DS

The above notification as received is passed to you for record.

Name : Signature :

Rank/Post : Date :

*Please delete if not applicable.

ODA 103(e)

Annex G

Notification of Existing/Potential Conflict of Interest between Officer’s Official Duties and Private Interests

Notes : (1) The information provided will be used for the administration of reported cases of conflict of interest situation and other related purposes. It may be disclosed to government bureaux/departments and other organizations for the purposes mentioned.

(2) The reporting officer should complete Part I and send this form via the recommending officer to the responsible officer as indicated below -

Reporting Officers

Recommending Officers

Responsible Officers

(a) For DC - C

(b) For directorate officers other than DC DC C (c) For Heads of Major Formations Respective

Branch Heads DC

(d) For other officers below Formation Head level

Respective Formation Heads

Respective Branch Heads


(4) You should report further if there is any change in the conflict of interest situation. You shall not disclose to the person/company with whom/which you have official dealings and/or private interests any information regarding this notification of conflict of interest situation to the department.

(5) * Please delete if not applicable.

Part I (This part should be completed by the reporting officer) To : *C / DC / ________________ (Branch Head)

via _________________ (Recommending Officer)

I would like to report the following *existing / potential conflict of interest situation arising during the discharge of my official duties - (a) Persons/companies with whom/which I have official dealings and/or private interests :

(b) Brief description of my duties which involved the persons/companies mentioned in item (a)

above :

Signature : Rank/Post :

Name : Formation/Division :

Date : ODA 104(e) (Rev. 2019)

Part II (This part should be completed by the recommending officer) To : *C / DC / __________________ (Branch Head)

The conflict of interest situation mentioned in Part I is noted and the following measure is recommended - Allow the officer to handle the concerned work provided that there is no change in the information

declared.

Restrict the officer in the concerned work. Details:

Allow the officer to handle the concerned work but recruit an independent officer(s) to participate in,

oversee or review part or all of the decision-making process. Details:

Relieve the officer from performing or getting involved in performing the work which may give rise

to a conflict.

Transfer the officer to another post.

Ask the officer to relinquish his personal or private interest.

Others (please specify)

Signature :

Name :

Designation :

Date :

________________________________________________________________________________________

Part III (This part should be completed by the responsible officer) To : Recommending Officer

The recommendation made in Part II is approved. Please take follow-up action.

Signature :

Name :

Designation :

Date :

Annex H

Application for Permission to Take Up Outside Work and/or Use of Government Equipment for Outside Work

Note : (1) The information provided will be used for the processing of application for permission to take up outside work, use government equipment for outside work and other related purposes. It may be disclosed to government bureaux/departments and other organizations for the purposes mentioned.

(2) Applicant should read and understand CSRs 550-564 which set out the guidelines on outside work before completing Part I. The provision of personal data in this form is voluntary. However, we may not be able to process the application if sufficient information is not provided.

(3) Applicant has the right to request access to or correction of personal data provided on this form in accordance with the provisions of the Personal Data (Privacy) Ordinance (Cap. 486). Such requests should be made by letter or on the Data Access Request Form (Form OPS003) and sent to the Departmental Secretary for processing.

(4) Applicant should submit his/her application, via respective Formation Head, to the appropriate Approving Officer as follows -

Staff Members Approving Officer

Customs and Excise Service Members AC(AD)

Members of Trade Controls Officer Grade HTC

Members of General and Common Grades DS

Concerning applications for paid outside work with the Auxiliary Forces from Service Members/TCO Grade officers at the rank of Senior Inspector/Senior Trade Controls Officer and below, the approving authority rests with SS(SA) and PTD respectively.

(5) * Please delete if not applicable. Part I (This part should be completed by the Applicant)

To : * AC(AD)/HTC/DS/SS(SA)/PTD

via ______________________ (Formation Head)

In accordance with CSRs 551-554, I would like to apply for permission to * take up outside work * and * use of government equipment for outside work as follows -

Name and address of employer

Post title/ nature

of work

Duration of work

No. of working

hours

Amount of remuneration

Government equipment to be used

for outside work

From : ________ (Date)

To : ________ (Date)

Total : ________ *months/days

I confirm that the above outside work will not conflict with my duties as a C&ED officer or affect the performance of my normal duties.

I understand that I shall pay to government hire charges for the use of the above government equipment for the use of such equipment, if consent is given. (Applicable if consent for use of government equipment for outside work is sought.)

Signature : Rank/Post :


Date :

ODA 105(e) (Rev. 2019)

Part II (This part should be completed by the respective Formation Head) To : * AC(AD)/HTC/DS/SS(SA)/PTD I * support / do not support this application. *I confirm that the outside work is not affecting the performance of the officer’s normal duties. (Applicable for extension of part-time employment)

Signature :

Name :

Rank/Post :

Date : Part III (This part should be completed by the Approving Officer)

To : (Applicant)

via (Formation Head)

S(SA) – for record purpose

Approval * is / is not given under CSR 551 / 552 (as appropriate) for you to take up your part-

time employment with as a * and to

(Name of Employer) (Post Title)

receive the remuneration of ______________ per *month / day / hour. It should be noted that this

approval covers a period of ____ months from _______________ to ________________ and will cease

automatically on ____________. Should you still wish to continue the employment after the expiry of

this approval, you are required to submit a fresh application through the respective Formation Head for

his / her recommendation two weeks before the expiry of this approval. Otherwise, the approval for

undertaking outside work will lapse at the end of the ___ -month period.

This approval is given on the understanding that the outside work involved will not interfere

with the discharge of your normal duties. The approval may be withdrawn at any time should it appear

that it is in the public interest to do so.

(Applicable if consent for use of government equipment for outside work is sought.)

Consent * is / is not given under CSR 554 for you to use _________________________ for the (government equipment)

approved outside work. This consent is given subject to your payment of ________________ as the

equipment hire charges to the Government.

You are also required to notify me of any changes in the details of your outside work.

( ) * AC(AD) / HTC / DS / SS(SA) / PTD

Date / /

Annex I

Report on Insolvency and Bankruptcy

Note : (1) The information provided by you in this form will be used for administration of this case and other related purposes. It may be disclosed to Secretary for the Civil Service, Bureau Secretaries, Heads of Departments/Grade and/or their designated officers for the purposes mentioned.

(2) You have the right to request access to or correction of the personal data provided on this report

form in accordance with the provisions of the Personal Data (Privacy) Ordinance (Cap. 486). Such requests should be made by letter or on the Data Access Request Form (Form OPS003) and sent to the Departmental Secretary for processing.

To : AC(AD)/S(SR)/HTC*

via : ________________ (Immediate Supervisor) and _________________ (Formation Head)

Part I Please give a complete statement of facts (including reasons for insolvency, whether bankruptcy proceedings are being taken, etc.)

Name : Signature : * Please delete if not applicable ODA 106(e)

Part II Personal financial position (as at )

Sources of Loan (in Chinese and English)

Amount of Outstanding loan

Repayment Schedule (e.g. repay $3000

monthly until Aug 2016)

Date on which the loan is to be cleared

(DD/MM/YY)

Please tick if additional page is required.

I declare that all information given in this report (and supplementary sheet(s)) is true and complete. I understand that I will be liable to disciplinary action if I wilfully furnish false or incomplete information in this report.

Name : Signature :

Rank/No./ Post Title : Contact Tel. No. :

Command/Division : Date :

Personal financial position (as at ) (supplementary sheet)

Sources of Loan (in Chinese and English)

Amount of Outstanding loan

Repayment Schedule (e.g. repay $3000

monthly until Aug 2016)

Date on which the loan is to be cleared

(DD/MM/YY)

Name : Signature :

Annex J

Report of Criminal Proceedings

Note : (1) Under section 13(1) of the Public Service (Disciplinary) Regulation, an officer against whom criminal proceedings are being instituted is required to report the fact to his/her Head of Department. The information provided in this form may be disclosed to government bureaux/departments and other organizations for that purpose and other related purposes.


(3)* Please delete if not applicable.

To : *S(SA)/PTD/DS

via : _________________ (Head of Major Formation)

I would like to report the criminal proceedings brought against me with details as follows -

Date and time of offence : Brief description of the case : Date on which criminal : proceedings were instituted Charge : Condition of bail (if applicable) : Date of hearing :

Signature : Rank and Post :


Date : ODA 107(e)

Annex K

List of Major Illegal or Unethical Acts under the Code on Conduct and Discipline

Item Illegal or Unethical Acts Para. Page Contrary to *

1. Accepts or solicits, without approval, “restricted” advantages in the conditions and circumstances other than those specified in paragraph 3 to 7 of Acceptance of Advantages (Chief Executive’s Permission) Notice 2010.

3.11- 3.12

9 s. 3 of POBO

2. Accepts or solicits advantages which are permitted under the Acceptance of Advantages (Chief Executive’s Permission) Notice 2010 which has led, or could have led, to a conflict between his private interests and his official duties.

3.15 10 para. 27 of CSBC 3/2007

3. Accepts invitations to meals or entertainment that are excessive in nature or frequency, or inappropriate or accepts frequent invitations to social functions from any person with whom he has official dealings especially when that person comes under his enforcement responsibilities.

3.19 12 CSR 432, 434 para. 16 of CSBC 2/2004

4. Accepts “laisee” while representing the Department in attending the entertainment.

3.21 13 s. 4 of POBO

5. Fails to report to the designated officer the details of souvenirs or gifts presented to him in his official capacity.

3.21 13 para. 6 of CSBC 4/2007

6. Fails to report to the designated officer his attendance or acceptance of entertainment (except non-alcoholic drinks) offered by traders or operators with whom he has direct official dealings.

3.22 13-14 CSR 432

7. Uses his position within the Department for personal gain or for the benefit of other person.

3.31 15-16 para. 9 of CSBC 2/2004

8. Appropriates any property of the Department for his personal use or resale.

3.35 17 s. 2 and 9 of Theft Ord.

9. Uses any information made available to him in the course of duty in return for monetary awards or personal interest, or disclosure of information to sabotage the public and the Department’s interest.

3.36 17-18 s. 4 of POBO (monetary award) s. 6 of Official Secrets Ord.

10. Fails to avoid, report or declare a conflict between his official duties and his private interest.

3.41- 3.48

20-23 para. 5-6 of CSBC 2/2004

11. Takes up paid outside work during or outside working hours or unpaid outside work during working hours, or use government equipment for outside work without prior approval of the designated officer.

3.54 25 CSR 551-552 and 554 para. 18 of CSBC 2/2004

12. By his indebtedness impairs his efficiency at work or brings the public service into disrepute.

3.61 27 CSR 455 para. 8 of DSC 22/2002

Item Illegal or Unethical Acts Para. Page Contrary to *

13. Fails to report to the designated officer in respect of his insolvency or bankruptcy.

3.62 27-28 CSR 457-458 para. 7 of CSBC 4/2002 para. 9 of DSC 22/2002

14. Borrows money at interest from sources other than those listed in CSR 482(2) without the prior approval of a Commissioner Grade officer.

3.65 29 CSR 482

15. Permits any officer who is junior in rank to him to act as his guarantor for a loan or hire purchase agreement without the prior approval of a Commissioner Grade officer.

3.65 29 CSR 483

16. Acts as the guarantor of any officer who is senior in rank to him for a loan or hire purchase agreement without the prior approval of a Commissioner Grade officer.

3.65 29 CSR 483 para. 9 of CSBC 4/2002 para. 6 of DSC 22/2002

17. Grants or guarantees a loan to any individual or organization having business dealings with the Department.

3.66 29 para. 14 of CSBC 2/2004

18. Uses unauthorized computer software. 3.71 30 para. 3-4 of DSC 5/2007

19. Violates the terms and conditions of various housing benefit scheme.

3.72- 3.73

30-31 DSC 26/99

20. Smokes in areas where smoking is prohibited. 4.2 35 s. 3(2) of Cap. 371

21. Fails to comply with the statutory obligations under the anti-discrimination ordinances.

5.1- 5.6

38-39 Cap. 480, 487, 527 & 602 CSBC 11/2004 DSC 8/2007

22. Fails to report to the designated officer any criminal proceedings being instituted against him.

6.2 40 s.13(1) of PS(D) Reg. para. 2 of DSC 33/99

23. Fails to report, at the first practicable opportunity, all instances of crime or alleged crime; or corrupt practices involving other member(s) of the Department.

6.8- 6.10

42 CSBC 7/2012 para. 3 of DSC 24/99

24. Fails to report to his Head of Branch any bribe offered or any promise of a bribe to be paid some time afterwards to him.

6.11 42 para. 4 of DSC 24/99

* The scenarios cited are provided for illustrative purpose and as a general reference only. The information should be read in conjunction with relevant law and regulations.

TABLE OF · Relations with the Public 3.74 Courtesy 3.75-3.76 Good Faith 3.77 Fairness and...

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Transcript of TABLE OF · Relations with the Public 3.74 Courtesy 3.75-3.76 Good Faith 3.77 Fairness and...