On 26 October, the Court of Appeal handed down its long-awaited judgment regarding bribery charges against former TVB general manager and TV presenter, Stephen Chan and his assistant, Tseng Pei-kun. The men had twice been acquitted but now face jail terms when sentenced next month. The judgment confirms the limited practical application of the "reasonable excuse" defence in the context of bribery offences. It also highlights the grave consequences that may flow from relatively small benefits when they are legally construed as unlawful advantages.
The case is relevant both to employers and employees, especially employees who have frequent dealings with third parties. Employees should ensure that they seek consent from employers when receiving payment or other benefits, and comply with their employer's reporting policies. Employers should in turn take care to provide clear disclosure guidelines and training to employees as to when reporting is required. To read more from our team in Hong Kong, click here.
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The articles published on this website, current at the dates of publication set out above, are for reference purposes only. They do not constitute legal advice and should not be relied upon as such. Specific legal advice about your specific circumstances should always be sought separately before taking any action.