Ref. : CSBCR/DP/5-020-006/64-6 Pt.

Government Secretariat Hong Kong 12 July 2012

CIVIL SERVICE BUREAU CIRCULAR NO. 7/2012 Reporting of criminal offences including corruption-related offences

To : Directors of Bureau Permanent Secretaries Heads of Department

c.c. Judiciary Administrator Commissioner, Independent Commission Against Corruption Secretary, Public Service Commission

(Note : Distribution of this circular is Scale A. It should be read by all officers. A Chinese version is attached.)

Purpose
This circular serves to remind officers of their obligation to report to the appropriate law enforcement authority all instances of crime or alleged crime (including corruption-related offences) which they come across in their official or personal capacities. CSB Circulars No. 20/79, 10/80 and 19/90 are hereby superseded.

Prompt reporting
2. Officers should report, either directly or through their bureaux/departments (B/Ds) as appropriate, all instances of crime or alleged crime to the appropriate law enforcement authority at the first practicable opportunity. Depending on the circumstances, reports could be made in writing or through the telephone hotline of the concerned law enforcement authority. 3. Attempting to bribe a public servant is a criminal offence under the Prevention of Bribery Ordinance (Cap. 201). Such attempts should be reported promptly to the Head of Operations, Independent Commission Against Corruption (ICAC) 1. Failure to do so may render an officer liable to disciplinary action, or, in
1

The prevailing address is Ground Floor, 303 Java Road, North Point, Hong Kong; and the 24-hour hotline is 2526 6366.

certain circumstances, to prosecution. It is also in the officers own interest to report such attempts in order to avoid the risk that a damaging interpretation may be put upon his/her relationship with the person who offered the bribe.

Points to note
4. Officers or B/Ds should avoid making any enquiries or taking any action which may hinder or frustrate subsequent investigation by the concerned law enforcement authority. 5. In addition, officers or B/Ds are reminded that they have no discretion in deciding which cases of crime or alleged crime to report. It is for the Secretary for Justice to decide whether prosecution is warranted following the professional investigation by the relevant law enforcement authority. In certain circumstances, failure to disclose information which might be of material assistance in securing the prosecution or conviction of an offender is itself a criminal offence under section 91 of the Criminal Procedure Ordinance (Cap. 221).

Circulation
6. B/Ds are requested to re-circulate this circular every six months to all staff, including non-civil service contract staff who, by virtue of their terms of employment, are subject to the same government rules and regulations on conduct and related matters as applied to civil servants.

Enquiries
7. Enquiries about the content of this circular should be addressed to Departmental Secretaries who, if in doubt, should contact Assistant Secretary (Conduct and Discipline) at 2810 3195 or Senior Executive Officer (Conduct and Discipline)5 at 2810 3182 of this Bureau.

(Ms Ivy LAW) for Secretary for the Civil Service