The Prevention of Bribery Ordinance (Cap. 201) (POBO), enacted in 1971, is the primary anti-bribery legislation in Hong Kong and is enforced by the Independent Commission Against Corruption (ICAC). It contains provisions prohibiting bribery in both the public and private sectors.

There also exists a common law offence of misconduct in public office that applies where a public official deliberately engages in misconduct in relation to his/her public office without any reasonable excuse. The misconduct has to be serious for charges to be laid. This is less commonly used given the extensive statutory provisions under the POBO.

The offence under the POBO is triggered in cases of offering, soliciting or accepting an advantage by a government official/public servant (public sector) or an agent/employee (private sector).

Public sector offences under the POBO are committed where:

• any prescribed officer, without the general or special permission of the Chief Executive, solicits or accepts any advantage (section 3). This offence does not require an illegitimate purpose linked to the solicitation or acceptance;
• any person offers to a public servant, or any public servant solicits or accepts, an advantage as an inducement or reward for performing, abstaining from, delaying, expediting etc. that or another public servant’s act (section 4);
• any person offers to a public servant, or any public servant solicits or accepts, an advantage as an inducement or reward for assistance in relation to any contract or subcontract involving a public body (section 5);
• any person offers, solicits or accepts an advantage to/from another person as an inducement or reward for withdrawal of a tender or refraining from making a tender for any contract with a public body (section 6);
• any person offers, solicits or accepts any advantage as an inducement or reward for refraining from bidding at any auction conducted by or on behalf of a public body (section 7);
• any person who, while having dealings of any kind with the government or other public body, offers any advantage to any prescribed officer or public servant (section 8); or
• any prescribed officer maintains a standard of living or has assets not commensurate with their official emoluments (section 10).

The private sector offence is committed where:

• any agent solicits or accepts, or any person offers to an agent, an advantage in connection with the agent’s performance or abstaining from performance of any act in relation to his/her principal’s affairs or business (section 9).

Under the POBO, the following may be liable for bribery:

• public servants;
• the Chief Executive;
• agents, meaning a public servant and any person employed by or acting for another; and
• any person, which includes any individual, public body or anybody of persons corporate or unincorporated. Companies may therefore be liable for bribery under POBO. However, while it is technically possible to target companies, normally individuals are targeted in practice.

As in England, a company could be held liable under the identification principle if a “directing mind and will,” typically a senior person in the company (such as a director), commits a bribery offence under the POBO.

 

Elections (Corrupt and Illegal Conduct) Ordinance applies to the elections specified in the Ordinance. The Ordinance governs all conduct concerning an election.

• Elections (Corrupt and Illegal Conduct) Ordinance applies to the elections specified in the Ordinance. The Ordinance governs all conduct concerning the specified elections, whether the conduct is engaged in before, during or after the election period, and whether it is engaged in within Hong Kong or elsewhere.
• The Ordinance applies to the elections and by-elections of:
• Chief Executive
• Legislative Council
• Election Committee Subsector
• District Council
• Heung Yee Kuk Members
• The Chairman, Vice-Chairman and Members of the Executive Committee of a Rural Committee
• Rural Representatives
  (Remarks: The Village Representative Election Ordinance was renamed as Rural Representative Election Ordinance in 2014.)

The Independent Commission Against Corruption Ordinance vests the ICAC with law enforcement powers such as investigation, arrest, detention and granting of bail.