cultural differences or??



ORIGINAL POST
Posted by Claire 18 yrs ago
HK is fairly clean although some people say there has been a rise in the kind of thing as more cross-border business is conducted.


Bribery is against the law. It is covered by Chapter 201, Prevention of Bribery Ordinance. Corruption which is enforced by the Independent Commission Against Corruption (ICAC).


It could be your "colleagues" who are asking you to break the law are, in some way, profiting from the bribery.


How do you feel about contacting the ICAC to ask for advice? And I mean advice because you're not shopping them.


There are several ICAC offices dotted around HK or you could phone on its 24-hour hotline to make your enquiry. All questions you have would be completely confidential.


BTW, I have lived in HK for over twenty years and have never paid the head waiter or restaurant "hostess" for a table. If you regularly use certain restaurants, your good business should be enough to ensure you get the table you booked.

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COMMENTS
Claire 18 yrs ago
coffe> As this is an expat forum, you might not get many local people responding here.


Back in 1970s, corruption was rife here. So-called "tea money" was asked for and given. Even ambulance drivers asked for it before taking people off to hospital. This is why we have the law and the ICAC now.


In the early 1990s, all the big folks in the movie business here held a rally protest against the demands of "tea money" which came from local triads.


Hong Kong's history is littered with corruption cases, Carrian and Warwick Reid spring to mind. But a small case from a couple of years ago involved a former security guard who was jailed for 10 weeks for accepting $300 from a reporter for allowing him onto a film company's location shoot site and take photos without the company's permission.


It seems that your colleagues still regard "tea money" as a "custom" rather than bribery. They are wrong. And I do think they would get kickbacks from the people you might bribe. You have a choice - bribe these people and risk jail or find another position where you are not dealing with such shady characters.

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Meiguoren 18 yrs ago
I agree with Claire! First of all, the integrity of your career and the standards of your profession must take precedence over any particular job. Imagine the potential worst case consequences for your career, if you were to "do as you are told" in this case. Second, if you were hired to come in as an expat, be aware that sometimes a difference in "cultural standards" is exactly one of the reasons the expat is hired. You are there for a reason. This is worth going over your boss's head over . . . IMO go right to the top gut in the organization and get it straight. If you find lack of support for the standards of your profession, then Claire is right and you must move on. It's truly NOT worth the long term cost -- I assure you that the long term viability of your career is more important than this job! And a second thing is sure, that if you were to be "caught" in such behavior, the very people who counseled you to do this would either be in jail themselves or they would be nowhere to be found.

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Claire 18 yrs ago
coffe> As I mentioned above, the security guard was jailed for receiving a bribe of $300.

Under the law, the term 'advantage' includes "any gift, loan, fee, reward or commission consisting of money or of any valuable security or of other property or interest in property of any description". No mention of amount. Ask the HK local which Cap. and Sec. he is referring to, I'm sure he won't be able to tell you.


BTW, one Section (19) of the Ordinance covers so called "custom". So you can tell your 'colleagues' the exact Cap and Section of the law they want you to break.


Heading: Custom not to be a defence


EVIDENCE

In any proceedings for an offence under this Ordinance, it shall not be a defence to show that any such advantage as is mentioned in this Ordinance is customary in any profession, trade, vocation or calling.

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