Pro-China Supporters - Donate of Supply to HK Police



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ORIGINAL POST

Posted by broussymark 4 days ago
In regard to acceptance of advantages by government officers, the following provisions of the Prevention of Bribery Ordinance (“PBO”) should be observed:

l Section 4 of the PBO stipulates that it is an offence for a government officer to solicit or 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 government officer. The offeror of the advantage shall also be guilty of an offence.

l "Advantage" refers to anything that is of value, such as money, gift, loan, commission, employment, service, favour or discharge of liability in whole or in part, but does not include entertainment.

l Even though the offeror may not have a corrupt intention, section 3 of the PBO stipulates that any government officer who, without the general or special permission of the Chief Executive, solicits or accepts any advantage shall be guilty of an offence. Government officers should comply with the Acceptance of Advantages (Chief Executive’s Permission) Notice (AAN) and respective departmental guidelines regarding acceptance of advantages.

You may also wish to note that Section 8 of the PBO stipulates that any person, without lawful authority or reasonable excuse, offers any advantage to any government officer while having dealings with the government shall be guilty of an offence.

As for gifts and donations offered to departments for the benefit of staff, they should only be accepted by the government officers with proper approval as set out in the AAN and related departmental circulars or guidelines.

Should you wish to find the full text of the PBO or learn more about the Ordinance, please visit our website at http://www.icac.org.hk/en/law/law/index.html

For further enquires on the PBO, please feel free to call or visit the nearby ICAC Regional Offices, opening hours and contact information of which can be found at http://www.icac.org.hk/en/rc/channel/ro/index.html

COMMENTS

zzebra 4 days ago
After spending 15min reading this, I failed to understand (as usual) how an act of kindness such as presenting the riot police officers with a few cases of herbal tea drinks would breach the law!?

I thought HK Police General Orders as well as other HK ordinances clearly tasked the police with duties including dispersing and arresting the rioting thugs (with or without the drinks...).

As defined above, how would the drinks, for example, serve as “...an inducement to or reward for or otherwise on account of his performing or abstaining from performing...”

Separately, how would one even define and ascertain pro-China?

On the other hand, should there be an investigation into terrorist financing or how the thugs in black are funded by the deep state?

zzebra 4 days ago
I also have an INTERESTING question - if we were to establish that if a “gift” isn’t a bribe if it doesn’t incentivise or otherwise the police from discharging their duties.

Could we have corporate sponsored (with big banners and logos etc) anti riot equipments such as Maxim water cannon trucks, Starbucks pepper spray, MTR tear gas!?

Just a thought as these are clearly doable within the context of the above laws and many corporates are probably keen to open their cheque books!

broussymark 3 days ago
ZZEBRA - Do you think HK police have been going the right things ?

1. Woman files complaint against Hong Kong police over alleged rape in station - https://www.hongkongfp.com/2019/11/09/woman-files-complaint-hong-kong-police-alleged-rape-station/

2. Should policemen take the responsibilities of a student's death ? There were no protesters at the car park, why did policemen use tear gas ? A couple of policemen cared for their wedding and used the whole team of policemen that night. Should HK people pay for the taxes for this type of HK police ?

3. over 200 immigration officers signed 'Reform HK police force.'

I am not sure if you are one of Pro-China supporters stand for police blindly ! I would not judge your comments. An act of kindness such as presenting the riot police officers with a few cases of herbal tea drinks would breach the law. Policemen could not accept anything based on Pro-China supporters standpoint - it is the benefit offered by the pro-China supporters. I think you need to study the international law, not China law !

zzebra 2 days ago
BROUSSYMARK

Let me be honest, I haven't studied law (international or Chinese laws), and it's been a while since the lectures in jurisprudence back in my uni days. But let me give this a shot...

Before we dissect the questions, which you posted, with substantiated rebuttals, I'd like to ask what exactly do you mean by pro-China? Why are you labelling someone who is standing by equality, justice and respect for the rule of law as pro-China?

Furthermore, although I don't have 20/20 eyesight, but far from blind to see this being "replayed" on TV almost daily:

https://www.youtube.com/watch?v=NQFmbffEmcQ

Firstly, I do think that the HK Police is doing absolutely the right thing and marvellous job, they've demonstrated professionalism, restrained, and responded with measured responses to the chaos in HK thus far (esp. when potentially compared to their counterparts in "democratic and non-police" states).

As on the questions you posted:

1) Under HK's common laws, there is a presumption of innocence until proven guilty. I would be more than an advocate for justice if the "allegation" against the police is proven (if the accusers could prove that the victim existed in the first place...); on the other hand, I've a healthy distaste for the accusations made from the shadow.

Recalled the "one-eye" rioter / lady episode!? Where is she now? What has she got to hide in her medical report? Has she really lost one eye in the hands of the police? Let's examine this in minute details (if she's willing to step out of the shadow). The truth is out there.

https://www.scmp.com/news/hong-kong/politics/article/3024147/woman-who-suffered-severe-eye-injury-during-hong-kong

2) No, I don't think the police has anything to do with the tragedy. I've watched the LINK car park videos publicly disclosed so far. The police wasn't inside the car park when the tragedy took place. The police didn't use tear gas inside the car park (which is a well ventilated building with unwalled building facades btw). I'm 100% in favour of preventative policing in today's HK and high risked areas. The police is deployed to prevent potential destruction of private properties and safety of general public, not dis-similar to deployment of counter-terrorist squads at selective religious sites for example.

https://www.youtube.com/watch?v=UyYgNDQ0XMU

Without a show of force by the police, I'm pretty sure this is what might have happened that night. Thumbs up to the riot police doing their job that night. Btw, my blessings and well wishes to the police couple got married that evening!!

On the other hand, I'm 100% in favour of an inquiry into this tragedy (the public is entitled to the inconvenient truth), and let's start with the basic:

- Who's the man in mask in black in the video (with matching attire to the deceased)?

https://youtu.be/158HTxRQ51s

- Why the deceased student was taking a "stroll" in the middle of the night far from home in a rioting neighbour?

- What does the deceased movement pattern imply (as evident by his mobile signals I believe)? In fact, where was the deceased in the couple of hours prior to the incident, and what he was doing?

- What is inside his personal belongings and attire when he was found?

I don't know about you or the rioting thugs, I pay my HK tax in full and I have no qualm how my tax dollar is spent by the police.

3) What does this mean? This is a democracy, everyone is entitled to his / her view, I don't have any issue with people expressing their opinions. We can agree to disagree.

I think that I've answered the question regarding my eye vision earlier...

Which law has the police broken by accepting the herbal tea, for example? What's the legal basis for arguing that a bribe has been accepted by the police?

Again as to the "pro-China" thing, what exactly does this mean? How does one need to "qualify" to be labelled as pro-China? Even as to the reference of China, there is the PRC and ROC, both constitutions call for national integrity and unity (Taiwan's even incl Outer Mongolia). Which one are you referring to? I recalled certain separatist thugs are calling for HK independence, does this mean that they're anti-Taiwan as well as anti-PRC by definition?

I respect equality, justice and respect for the rule of law of the land. Are these some of the cornerstone virtues for a democratic and civil society?

Now it's your turn. Btw, this is a rhetorical question, as I don’t expect anything sensible with reasoning...

zzebra 2 days ago
Reasoning vs. (thuggish) logic and naivety

https://youtu.be/RTMST4u97cA

Sounds familiar!?

broussymark 15 hrs ago
I suggested that you read more news and videos on other channels instead of TVB, Cable TV, CCTV and SCMP ! These channels are stand for China. :)

I am pretty sure when a lot of people read your comments at AX they must laugh it out loud !

Do you think these protesters desired to die ? Why are you living in Hong Kong if you think mainland China is better or CCP is doing all right things ?

zzebra 7 hrs ago
As expected, this sounds like a broken record with absolutely no reasoning or logic.

Is this a debate!? Or you are just making a mockery of everything a democracy is supposed to be.

How’s your Xenophobia helping to explain anything you said!?

PS. would you like a dictionary?

broussymark 6 hrs ago
ZZEBRA - you are a mainland Chinese person ? Isn't it ?

zzebra 5 hrs ago
I’m a proud Australian living in HK for the past 20 years.

Why!? Would it make a difference if I’m a mainlander?

What’s with your Xenophobia!? This is called racism down under. Even Pauline hasn’t called for mass deportation of Chinese immigrants!

Do you guys (and the rioting thugs) know what respect is? We can agree to disagree on one’s political inclination, and what do you call setting people on fire or spilling oil on highway?

Let me ask all the expats who’s reading this, what might have happened to a school bus skip and crash in Tsai Wan today because of deliberate spill of oil on the highway today by the rioting thugs, which has caused multiple crashes. How many of you have your kids taking a school bus with daily run on this main thoroughfare to schools in the South?

I don’t think people would laugh but despise.

“No splitting no condemning... “ is this what you may say. Dude (not you in particular, but the people above giving the interviews), please don’t embarrass the better half and better educated part of HK.

Actually, sorry that I’ve forgotten the thugs are torching the schools (again) and beating up the professors. So school is out today for you kids!

PS. Would you like a thesaurus?


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