Legal Risks related to Conflicts of Interest and Procurement

Suggested learning time: approximately 90 minutes

This section provides highlights of the thematic seminars organised previously for school managers, so as to facilitate their acquisition of knowledge, from the speakers’ legal explanation and case sharing in the video clips, related to school financial resources and risk management.

Disclaimer

Views in the videos are purely shared by the speaker in his/her capacity. They are for reference only and should not be construed as legal advice or recommendation, which schools should obtain in each particular case if necessary.

Before watching the videos, please think about the following questions:

Questions

Has your school ever encountered issues related to conflicts of interest during the procurement of stores or services?
Has your school consulted the staff on issues related to conflicts of interest and formulated relevant school-based policies?

Video 1

Acceptance of Advantages and Entertainment
(Speaker: Mr. Albert SO, Solicitor)

[Video length: about 8 minutes]

Questions in Video

1. Under what circumstances does accepting advantages constitute a criminal liability?

Please refer to the video from 00:00 to 02:24; 03:31 to 03:48.

2. Which school personnel are referred to as "agent" under the Prevention of Bribery Ordinance? If school staff or school managers need to accept any advantage, whose consent do they need to obtain?

Please refer to the video from 02:30 to 03:31.

3. What is the legal interpretation of "advantage"? Can an "agent" decide to accept an advantage if its value is below a certain threshold without the consent of the "principal"?

Please refer to the video from 04:16 to 05:47.

4. What is the legal interpretation of "entertainment"? Is accepting "entertainment" an offence?

Please refer to the video from 05:47 to 07:43.

Video 2

Subsidies and Grants
(Speaker: Mr. Albert SO, Solicitor)

[Video length: about 4 minutes]

Question in Video

1. Why was the non-governmental organisation mentioned in the video charged with conspiracy to defraud and the use of false instrument while implementing the School-based After-school Learning and Support programmes?

Video 3

Procurement
(Speaker: Mr. Albert SO, Solicitor)

[Video length: about 11 minutes]

Questions in Video

1. What is a related-party transaction? What legal liabilities may be incurred by conducting a related-party transaction?

Please refer to the video from 00:00 to 01:38.

2. What areas should schools pay special attention to during the tendering process to avoid issues such as "related company" or "conflict of interest"?

Please refer to the video from 03:35 to 04:29; 08:04 to 10:31.

Video 4

Outside Work
(Speaker: Mr. Albert SO, Solicitor)

[Video length: about 5 minutes]

Questions in Video

1. What is the difference between "legal" and "illegal" part-time job?

Please refer to the video from 00:00 to 01:35.

2. What would constitute a conflict of interest prohibited by law?

Please refer to the video from 01:44 to 03:16.

3. According to the case shared in the video, will there be any legal consequences for a teacher who engages in outside work without the school's approval?

Please refer to the video from 03:17 to 05:17.

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