A. Introduction
The CHKPDSA is fully committed to the principle of honesty, integrity and fair play in all its businesses and activities. All staff and Board of Directors should ensure that the businesses of the CHKPDSA, such as procurement of sports and office equipment, hiring of staff and services, processing of applications and selection of athletes for enrolment in sports activities, and allocation of resources such as sports equipment and venue, are dealt with in an open, fair and impartial manner. They should bear in mind that the CHKPDSA is accountable to its sponsors, including the government and any private sponsors, and all its members, in the conduct of its business and activities.
This Code of Conduct sets out the basic standard of conduct expected of all staff and Board of Directors and the CHKPDSA’s policy on such matters as acceptance of advantages and declaration of conflict of interest. This Code also applies to temporary or part-time staff employed by the CHKPDSA.
B. Prevention of Bribery Ordinance
Under Section 9 of the Prevention of Bribery Ordinance (Cap. 201), an employee who solicits or accepts an advantage in relation to his employer’s business or affairs without the latter’s permission may commit an offence. The term “advantage” is defined in the Ordinance and includes almost anything of value, except entertainment, such as money, gift, commission, loan, fee, reward, office, employment, contract, service or favour (Appendix 1).
C. Acceptance of Advantages
C1. It is the policy of the CHKPDSA to prohibit all staff from soliciting any advantage from any persons having business dealings with the CHKPDSA (e.g. suppliers, contractors,members, athletes, coaches, activity participants). Staff and Board of Directors who wish to accept any advantage from such persons should seek special permission from the Board of CHKPDSA prior to the acceptance.
C2. Any gifts offered voluntarily to the officials or staff in their official capacity are regardedas gifts to the CHKPDSA and they should not be accepted without permission. Staff and Board of Directors should decline the offer if the acceptance could affect their objectivity in conducting the CHKPDSA’s business or induce them to act against the interest of the CHKPDSA, or lead to perception or complaints of bias or impropriety.
C3. For gifts which are presented to staff or Board of Directors in their official capacity and of nominal value (below $500), the refusal of which could be seen as unsociable or impolite (e.g. a plague presented to staff or Board of Directors during a seminar in which he is invited to be the guest speaker), the Board has given a blanket permission for staff or Board of Directors to accept these gifts. In other circumstances, the staff or Board of Directors should apply in writing to the Board of CHKPDSA for permission to accept the gifts. Each application should be carefully considered by the CHKPDSA. Proper records of these applications should be kept showing the name of the applicant, the occasion of the offer, the nature and estimated value of the gift, and whether permission has been granted for the applicant to retain the gift or other directions have been given to dispose of the gift. Possible ways of disposal of such gifts are listed at Appendix 2.
C4. There is however no restriction on the acceptance of advantages, in the staff or Board of Directors’ private capacity, from any person who does not have any official dealings with the CHKPDSA. In case of doubt, the staff or Board of Directors should refer the matter to the Board of CHKPDSA for advice and instruction before accepting such offer of advantages.
D. Conflict of Interest
D1. A conflict of interest situation arises when the “private interests” of the staff or Board of Directors compete or conflict with the interests of the Association. “Private interests” means both the financial and personal interests of the official and staff or those of their connections including:
- family and other relations;
- personal friends;
- other companies or business interests which they hold or own (both in part or in whole);
- other clubs and societies to which they belong; and
- any person to whom they owe a favour or are obligated in any way.
D2. Staff or Board of Directors should avoid using their official position or any information made available to them in the course of their duties for the CHKPDSA to benefit themselves, their relations or any other persons with whom they have personal or social ties, or business connections. They should avoid putting themselves in a position that may lead to an actual or perceived conflict of interest with the CHKPDSA. Failure to avoid or declare any conflict of interest may give rise to criticism of favouritism, abuse of authority or even allegations of corruption, which are to the corporate disgrace of the Association. In particular, officials and staff involved in the procurement process should declare conflict of interest if they are closely related to, or have or will likely be perceived to have, beneficial interest in any company which is considering submission of quotation/tender to the CHKPDSA or is being considered for selection as the CHKPDSA’s supplier of goods or services. Appendix 3 provides some examples of conflict of interest situations which may be encountered and should be avoided by staff or Board of Directors.
D3. When called upon to deal with matters of the CHKPDSA for which there is an actual or perceived conflict of interest, the staff or Board of Directors should make a declaration in writing to his supervisor or the Board of CHKPDSA. He should then abstain from dealing with the matter in question and follow the instruction of his supervisor or the Board of CHKPDSA who may (or may not) reassign the task to other staff or Board of Directors.
E. Entertainment
As defined in Section 2 of the Prevention of Bribery Ordinance, “entertainment” refers to food or drink provided for immediate consumption on the occasion, and any other entertainment provided at the same time. Although entertainment is an acceptable form of business and social behaviour and is not an “advantage”, staff or Board of Directors must not accept lavish or frequent entertainment from persons with whom the CHKPDSA has official dealings (e.g. suppliers or contractors, clubs/persons to which the Association may allocate resources or job assignments), so that they will not be placed in a position of obligation to the offerer.
F. Misuse of Official Position
The staff or Board of Directors who misuse their official position for personal gains or to favour their relatives or friends or to benefit their business connections are liable to disciplinary action by the CHKPDSA or even prosecution by the appropriate authorities. Examples of misuse include a staff or a Board of Director responsible for the selection of suppliers giving undue favour or leaking tender information to his own or his relative’s company with a view to awarding the contract to the latter, or placing it in an advantageous position ahead of other competitive bidders. Other examples include reserving tickets for popular sports events for relatives and friends without prior permission and without going through the proper ticket allocation procedures by the CHKPDSA and unfair allocation of resources (e.g. sports venue) to other parties for personal gain.
G. Handling of Classified or Proprietary Information
The staff or Board of Directors are not allowed to disclose any classified or proprietary information to anybody without prior authorisation by the CHKPDSA. The staff or Board of Directors who have access to or are in control of such information should at all times provide adequate safeguards to prevent its abuse or misuse. Examples of misuse include disclosure of information in return for monetary rewards, or use of information for personal interest or business benefit. It should also be noted that unauthorised disclosure of any personal data may result in a breach of the Personal Data (Privacy) Ordinance (Cap. 486).
H. Property and Other Resources of the Association
The staff or Board of Directors given access to any property or other resources of or acquired by the CHKPDSA (such as sports venue) should ensure that it is properly used solely for the purpose of conducting the CHKPDSA’s business. Misappropriation or unauthorised use of such property or resources, such as for personal use or personal gain (e.g. resale or unauthorised leasing) is strictly prohibited.
I. Sponsorship
The CHKPDSA is accountable to its sponsors for the use of their sponsorship. The staff or Board of Directors should ensure that any sponsorship or sponsored item is used solely for the purpose for which it is provided. Consent from the sponsor should be obtained if it is to be used for a purpose that deviates from the stated purpose for which it is obtained. The staff or Board of Directors should also ensure adequate transparency on the use of sponsorship to the sponsors, and ensure that the CHKPDSA can account for the use of their sponsorship.
J. Gambling
The staff or Board of Directors must not engage in frequent or excessive gambling with persons who have business dealings with the CHKPDSA as well as among colleagues, particularly with subordinates. If on social occasions where refusal of gambling (provided that the activity is legal) is considered unsociable, the amount of money involved should not be significant. Gambling in the CHKPDSA’s premises, government venues, and locations where activities of the CHKPDSA take place is strictly forbidden.
K. Outside Employment
Staff who wish to take up paid outside work, including those on a part-time basis, must seek the written approval of the CHKPDSA before accepting the job. Applications for outside work should be made to Executive Director of the Board of CHKPDSA for consideration. Approval will not be given if the outside work is in conflict with the interest of the CHKPDSA (at Annex 1).
L. Compliance with the Code
L1. It is the personal responsibility of every official and staff to understand and comply with the Code of Conduct, in particular by conscientiously avoiding any conflict of interest, and making declaration and seeking prior permission from the CHKPDSA in accordance with this Code in any case of exception.
L2. The Board of CHKPDSA will ensure that staff or Board of Directors understand and comply with the standards and requirements stated in the Code. Any problems encountered as well as any suggestions should be channeled to the Board of CHKPDSA for consideration and advice.
L3. Any staff or Board of Directors who violates any provision of the Code will be subject to disciplinary action, or termination of appointment/ employment where warranted. In cases of suspected corruption or other criminal offences, a report will be made to the ICAC or the appropriate authorities.