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Anti Corruption Law

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Company Law Cons Even though the Hong Kong Bribery Law acts effectively in anti-corruption compared to the mainland bribery law, there are still some loopholes, especially when compared to the UK Bribery Act and the US Foreign Corrupt Practices Act. Similar to the effectives of the Bribery Law, the defects of the HK bribery law also covers equality, enforceability, recourse efficiency and law as a reflection of community standards and expectation four aspects, and each will be discussed with relevant cases. 1. Equality 2.1 Foreign bribes

With the prevalence of overseas corruption, most of the countries have set specific regulation against foreign bribes. For example, both the UK Bribery Act and the US Foreign Corrupt Practices Act (FCPA) make it an offence to bribe foreign officials. Under the Bribery Act a “foreign public official “ is defined more narrowly than under the FCPA but sill includes (1) anyone who holds a foreign legislative or judicial position; (2) individuals who exercise a public function for a foreign country, territory, public agency or public enterprise o; or (3) any official or agent of a public organization. On the other hand, the Hong Kong Bribery Law does not specifically cover the foreign bribes, which results in the controversial judgment on the case HKSAR v. Krieger .
In this case, the defendants, the officers of a Hong Kong subsidiary of the Swire Group of Companies were accused of conspiring with a Macau businessman to offer advantages, namely an amount of 29 million MOP (Macau currency) to an agent, the Secretary for Transport and Public Works of the Macao SAR Government, for the award and renewal of public cleaning contracts, contrary to section 9(2)(a) of the Prevention of Bribery Ordinance Cap. 201 (POBO) and section 159A of the Crimes Ordinance, Cap. 200. However, the court stated that the offer was treated

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