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Legal Provisions in the Prevention of Bribery Ordinance

 
All citizens in Hong Kong are subject to the provisions in the Prevention of Bribery Ordinance (Cap. 201) ("POBO"). However, because of the powers and influence they possess which are not available to ordinary citizens, civil servants are subject to more stringent provisions in the following five main areas -
 
  1. civil servants are subject to the offence of wealth not commensurate with income (i.e. section 10 of the POBO) ; and their pecuniary resources or properties can be confiscated (under section 12AA) if they are convicted of such an offence; 
  2. civil servants are subject to the POBO provisions for offences committed outside Hong Kong (i.e. section 4);
  3. penalty for certain illegal conduct is heavier for civil servants than ordinary citizens (i.e. section 5(2));
  4. civil servants cannot solicit or accept advantages except with the approval of the Chief Executive (i.e. section 3); and
  5. civil servants are subject to an additional offence of not co-operating with the law enforcement agency (i.e. section 16).