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Appendix 1

By James Harper,2015-01-23 09:43
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Appendix 1Appe

    Cleaner Production Partnership Programme

    Code of Conduct for Registered Environmental Technology Service

    Providers

Purpose of this Document

     This Code of Conduct is prepared and published by the Secretariat of the Cleaner Production Partnership Programme (the Programme) for adoption by any Environmental Technology (ET) Service Provider (the Company) registered under the Programme for issuance to the staff of the Company involved in delivering services under the Programme. Alternatively, the Company can prepare and issue their own Code of Conduct to their staff involved in delivering services under the Programme. Such Code of Conduct issued by the Company should be submitted to the Secretariat for record purpose and will be passed onto the Independent Commission Against Corruption (ICAC) for advice.

     This document is available for download at www.cleanerproduction.hk .

Introduction

     The Company believes that honesty, integrity and fair play are important company assets in business. All staff have to ensure that the Company’s reputation is not

    tarnished by dishonesty or corruption. This Code sets out the basic standard of conduct expected of all staff and the company policies on acceptance of advantages and declaration of conflict of interest by staff in connection with their official duties.

Prevention of Bribery Ordinance

    2. Under Section 9(1) of the Prevention of Bribery Ordinance, an employee who solicits or accepts an advantage in connection with his work without the permission of his employer may commit an offence. The term “advantage” is defined in the Ordinance and includes money, gift, loan, fee, reward, employment, contract, service and favour. The person offering the advantage may also commit an offence under Section 9(2) of the Ordinance.

    3. An employee who, with intent to deceive his employer, falsifies documents or furnishes false accounting records may be guilty of an offence under Section 9(3) of the Ordinance. Section 9 of the Ordinance and the definition of “advantage are detailed at the

    Annex.

Acceptance of Advantages

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    4. It is the company policy that staff should not solicit or accept any advantage from any persons having business dealings with the Company (e.g. clients, suppliers, contractors). However, staff are allowed to accept (but not solicit) the following gifts offered voluntarily:

    (a) advertising or promotional gifts of a nominal value; or

    (b) gifts given on festive or special occasions subject to a maximum limit of $500 in

    value.

    5. Staff should decline an offer of a gift if the acceptance could affect their objectivity in conducting the company’s business, or induce them to act against the interest of the company, or lead to allegations of impropriety. If a staff member wishes to accept a gift not covered in paragraph 4, he should seek permission in writing (via Form A) from the Human Resources Manager.

Entertainment

6. 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 of any other entertainment provided at the same time. Although entertainment is an acceptable form of business and social behaviour, staff must not accept lavish or frequent entertainment from persons with whom the company has business dealings (e.g. suppliers or contractors) to avoid placing themselves in a position of obligation to the offerer.

Conflict of Interest

    7. A conflict of interest situation arises when the private interest of a staff member competes or conflicts with the interest of the company. Private interest includes both the financial and personal interests of the staff member and those of his connections. Connections include family members, relatives, and close personal friends.

    8. Staff should avoid situations which may lead to an actual or perceived conflict of interest situation, and should make a declaration in writing (via Form B) to the Human Resources Manager when such a situation arises. Failure in doing so may give rise to criticism of favouritism, abuse of authority or even allegation of corruption.

9. Some common examples of conflict of interest include:

    (a) A staff member involved in the procurement process is closely related to or has

    beneficial interest in a company which is being considered by the Company in

    the selection of a supplier or service provider;

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    (b) one of the candidates under consideration in a recruitment or promotion

    exercise is a family member, a relative or a close personal friend of the staff

    member responsible for the recruitment or promotion;

    (c) a staff member involved in the selection of a supplier for the Company engages

    in frequent or excessive gambling with one of the suppliers under

    consideration;

    (d) a term contractor whose contract is about to be renewed grants a personal loan

    to the staff member responsible for contract negotiation; or

    (e) a staff member responsible for evaluating tenders is a part-time consultant of

    one of the tenderers.

Handling of Confidential Information

    10. All staff are prohibited from disclosing any information classified by the company to anybody without authorization. Those who have access to or in control of such information should at all times ensure its security and prevent any abuse or misuse of the information. Examples of misuse include disclosure of information in return for monetary rewards, or use of information for personal gains.

Compliance with the Code

    11. It is the personal responsibility of every staff member to understand and comply with the Code. Managers should also ensure that their subordinates understand well and comply with the standards and requirements stated in the Code.

    12. Any staff member who is in breach of the Code will be subject to disciplinary action, including termination of employment. In cases of suspected corruption or other criminal offences, a report will be made to the ICAC or the appropriate authorities.

    13. Any enquiries about the Code or reports of possible breaches of this Code should be channeled to the Human Resources Manager for advice and action.

     ___________________________

     (Name of Company)

     Date :

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