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Report of the Independent Review Committee for the Prevention and Handling of Potential Conflicts of Interest
Published on 31 May 2012

References
Present Systems for Prevention and Handling of Conflict of Interest

General

Acceptance of Advantages (Chief Executive¡¦s Permission) Notice 2010

Basic Law, the

Bribery and Corruption Law in Hong Kong, Ian McWalters SC, LexisNexis Asia 2010

Chief Executive¡¦s, the, Question and Answer Session on 1 March 2012, Official Record of Proceedings of the Legislative Council

"Declaration and Handling of Investments/Interests", Paper by the Constitutional Affairs Bureau for the meeting of the Legislative Council Panel on Constitutional Affairs on 21 October 2002

"Declaration of Interests by the Chief Executive, Members of the Executive Council and Principal Officials under the Accountability System", Paper by the Constitutional Affairs Bureau for the meeting of the Legislative Council Panel on Constitutional Affairs on 7 October 2002

HKSAR v Wong Lin Kay FACC No. 3 of 2011

"Integrity, the, and the probity of the Chief Executive and his responsibility for upholding the fairness and impartiality of the next Chief Executive Election to be held on 25 March", motion for adjournment of the Council under Rule 16(2) of the Rules of Procedures on 1 March 2012, Official Record of Proceedings of the Legislative Council, p.6669 ¡V 6809

Minutes of the meeting of the Legislative Council Panel on Constitutional Affairs on 7 October 2002

Minutes of the meeting of the Legislative Council Panel on Constitutional Affairs on 21 October 2002

Minutes of the meeting of the Legislative Council Panel on Constitutional Affairs on 16 November 2009

Prevention of Bribery Ordinance (Cap.201)

Replies by the Secretary for Constitutional and Mainland Affairs to questions in the Legislative Council on 29 February 2012
(http://www.info.gov.hk/gia/general/201202/29/P201202290371.htm)
(http://www.info.gov.hk/gia/general/201202/29/P201202290391.htm) (http://www.info.gov.hk/gia/general/201202/29/P201202290411.htm) (http://www.info.gov.hk/gia/general/201202/29/P201202290415.htm) (http://www.info.gov.hk/gia/general/201202/29/P201202290356.htm) (http://www.info.gov.hk/gia/general/201202/29/P201202290363.htm) (http://www.info.gov.hk/gia/general/201202/29/P201202290366.htm) (http://www.info.gov.hk/gia/general/201202/29/P201202290370.htm)

Report on Review of Post-Service Outside Work for Directorate Civil Servants by the Committee on Review of Post-Service Outside Work for Directorate Civil Servants in July 2009

Russell on Crime (12th ed 1964)

Shum Kwok-sher v HKSAR (2002) 5 HKCFAR 381

Sin Kam-wah v HKSAR (2005) 8 HKCFAR 192

"Statement by the Department of Justice", Press Release by the Department of Justice on 29 March 2012

"System of Declaration of Interests by the Chief Executive and Officials under the Political Appointment System", Paper by the Constitutional and Mainland Affairs Bureau for the meeting of the Legislative Council Panel on Constitutional Affairs on 16 November 2009

Politically Appointed Officials

Code for Officials under the Political Appointment System, attached to the Report on Further Development of the Political Appointment System in October 2007

Code for Principal Officials under the Accountability System, Government Notice No. 3845, gazetted on 28 June 2002

"Employment Contract and Conflict of Interest", Paper by the Constitutional Affairs Bureau for the meeting of the Legislative Council Subcommittee to Study the Proposed Accountability System for Principal Officials and Related Issues on 14 May 2002

Guidance Note on Post-office Employment for Politically Appointed Officials by the Advisory Committee on Post-office Employment for Former Chief Executives and Politically Appointed Officials, April 2008

"Implementation of Further Development of the Political Appointment System", Legislative Council Brief by the Constitutional and Mainland Affairs Bureau on 17 October 2007

Legislative Council Paper on "Accountability System for Principal Officials" provided by the Constitutional Affairs Bureau to Members of the Legislative Council on 17 April 2002

Report on Further Development of the Political Appointment System in October 2007

Sample Memorandum on Terms and Conditions for the Employment of the Politically Appointed Officials (provided by the Chief Executive¡¦s Office to the IRC on 5 March 2012)

The Chief Executive

Correspondence between the Independent Review Committee and the Chief Executive¡¦s Office on the present rules concerning the declaration of investments and interests and acceptance of advantages and entertainment by the Chief Executive on 8 and 13 March 2012

"Declaration of Interests and Avoidance of Potential Conflict of Interest by the Chief Executive", Paper by the Constitutional and Mainland Affairs Bureau for the meeting of the Legislative Council Panel on Constitutional Affairs on 16 April 2012

"General Guideline on Arrangements for Handling Official Gifts Presented to the Chief Executive", the Chief Executive¡¦s Office Internal Circular No. 2/2007 dated 3 July 2007

Policy Address 2005-06, paragraph 30

Proceedings relating to the Prevention of Bribery (Amendment) Bill 2007

"Application of certain provisions of the Prevention of Bribery Ordinance (Cap.201) to the Chief Executive", Paper by the Administration Wing for the meeting of the Legislative Council Panel on Constitutional Affairs on 21 March 2005

Minutes of the meeting of the Legislative Council Panel on Constitutional Affairs on 30 May 2005,

"Proposal to Apply Certain Provisions of the Prevention of Bribery Ordinance to the CE", Paper by the Administration Wing for the meeting of the Legislative Council Panel on Constitutional Affairs on 1 November 2005

Minutes of the meeting of the Legislative Council Subcommittee on Application of Certain Provisions of the Prevention of Bribery Ordinance to the Chief Executive on 1 November 2005

"Report of the Subcommittee on Application of Certain Provisions of the Prevention of Bribery Ordinance to the Chief Executive", Paper by the Legislative Council Secretariat for the meeting of the Legislative Council Panel on Constitutional Affairs on 20 February 2006

"Prevention of Bribery (Amendment) Bill 2007", Legislative Council Brief by the Administration Wing on 5 July 2007

"Follow-up actions arising from the discussion at the meeting on 29 October 2007", Paper by the Administration Wing and Department of Justice for the meeting of the Bills Committee on Prevention of Bribery (Amendment) Bill 2007 on 15 November 2007

Minutes of the meeting of the Bills Committee on the Prevention of Bribery (Amendment) Bill 2007 on 15 November 2007

"Follow-up actions arising from the discussion at the meetings on 15 November 2007", Paper by the Administration Wing and Department of Justice for the meeting of the Bills Committee on Prevention of Bribery (Amendment) Bill 2007 on 4 December 2007

Minutes of the meeting of the Bills Committee on the Prevention of Bribery (Amendment) Bill 2007 on 4 December 2007

"Follow-up actions arising from the discussion at the meetings on 15 November and 4 December 2007", Paper by the Administration Wing and Department of Justice for the meeting of the Bills Committee on Prevention of Bribery (Amendment) Bill 2007 on 8 January 2008

Minutes of the meeting of the Bills Committee on the Prevention of Bribery (Amendment) Bill 2007 on 8 January 2008

"Follow-up actions arising from the discussion at previous Bills Committee meetings", Paper by the Administration Wing and Department of Justice for the meeting of the Bills Committee on Prevention of Bribery (Amendment) Bill 2007 on 29 February 2008

Minutes of the meeting of the Bills Committee on the Prevention of Bribery (Amendment) Bill 2007 on 29 February 2008

"Follow-up actions arising from the discussion at previous Bills Committee meetings", Paper by the Administration Wing and Department of Justice for the meeting of the Bills Committee on Prevention of Bribery (Amendment) Bill 2007 on 15 April 2008

Minutes of the meeting of the Bills Committee on the Prevention of Bribery (Amendment) Bill 2007 on 15 April 2008

"Follow-up actions arising from the discussion at the Bills Committee meeting on 15 April 2008", Paper by the Administration Wing and Department of Justice for the meeting of the Bills Committee on Prevention of Bribery (Amendment) Bill 2007 on 19 May 2008

Minutes of the meeting of the Bills Committee on the Prevention of Bribery (Amendment) Bill 2007 on 19 May 2008

"Follow-up actions arising from the discussion at the Bills Committee meeting on 19 May 2008", Paper by the Administration Wing and Department of Justice for the meeting of the Bills Committee on Prevention of Bribery (Amendment) Bill 2007 on 30 May 2008

Minutes of the meeting of the Bills Committee on the Prevention of Bribery (Amendment) Bill 2007 on 30 May 2008

"Report of the Bills Committee on Prevention of Bribery (Amendment) Bill 2007", Paper by the Legislative Council Secretariat for the meeting of the Legislative Council on 25 June 2008

Resumption of Second Reading Debate on the Prevention of Bribery (Amendment) Bill 2007 on 25 June 2008, Official Record of Proceedings of the Legislative Council p.9126 ¡V 9236

Prevention of Bribery (Amendment) Ordinance 2008

Report of the Independent Commission on Remuneration Package and Post-office Arrangements for the Chief Executive of the HKSAR in June 2005

Executive Council Members

"Declaration of interests by Members of the Executive Council", Reply by the Secretary for Constitutional and Mainland Affairs to a Legislative Council question on 22 February 2012, Official Record of Proceedings of the Legislative Council p.6030 ¡V 6043

"Declaration of interests by Executive Council Members", Reply by the Chief Secretary for Administration to a Legislative Council question on 16 June 1999, Official Record of Proceedings of the Legislative Council p.8678 ¡V 8685

"Executive Council, the," Motion Debate in the Legislative Council on 9 July 1999, Official Record of Proceedings of the Legislative Council p.9871 ¡V 9921

"Guidance Note for Members of the Executive Council on Declaration of Interest", restricted document issued by the Executive Council Secretariat in July 2010

Minutes of the meeting of the Legislative Council Panel on Constitutional Affairs on 15 November 2010,

Register of Members¡¦ Interests of the Executive Council

"Statement by the Chief Executive¡¦s Office", Press release by the Chief Executive¡¦s Office on 30 September 2010

"System of Declaration of Interests by Members of the Executive Council", Paper by the Chief Executive¡¦s Office for the meeting of the Legislative Council Panel on Constitutional Affairs on 15 November 2010

Civil Service System on Prevention of Conflict of Interest

"Acceptance of advantages offered to an officer in his private capacity", Civil Service Bureau Circular No. 3/2007 dated 16 February 2007

"Acceptance of Outside Appointments after Retirement", Civil Service Bureau Circular No. 13/95 dated 12 July 1995

"Advantages/entertainment offered to an officer in his official capacity and gifts and donations to a department for the benefit of staff", Civil Service Bureau Circular No. 4/2007 dated 16 February 2007

Civil Service Code, the

Civil Service Regulations, the, regulations 397-398, 431-435, 444, 461-466, 550-553, 559

"Conflict of Interest", Civil Service Bureau Circular No. 2/2004 dated 31 January 2004

"Declaration of Investment by Civil Servants", Civil Service Bureau Circular No. 8/2006 dated 28 December 2006

"Mechanism and Regulations on Preventing Unauthorised Disclosures of Confidential Information by Civil Servants", Paper by the Security Bureau and Civil Service Bureau for the meeting of the Legislative Council Panel on Public Service on 16 April 2012

"Mechanism Governing Acceptance of Advantages and Entertainment by Civil Servants", Paper by the Civil Service Bureau for the meeting of the Legislative Council Panel on Public Service on 14 April 2012

"Revised Declaration and Report Forms", Civil Service Bureau Circular Memorandum No. 14/2008 dated 5 June 2008

"Taking Up Outside Work by (1) Directorate Civil Servants on Final Leave and (2) Former Directorate Civil Servants", Civil Service Bureau Circular No. 7/2011 dated 29 August 2011

"Taking Up Outside Work by Directorate Civil Servants After Ceasing Active Service", Civil Service Bureau Circular No. 10/2005 dated 1 December 2005

Practices in Selected Overseas Jurisdictions

Australia, Resolutions of the House of Representatives (P.117-119)

Australia, Standards of Ministerial Ethics

Canada, Conflict of Interest Act

New Zealand, the Cabinet Manual

New Zealand, the Standing Orders of the House of Representatives (Extract)

Organisation for Economic Co-operation and Development, Managing Conflict of Interest in the Public Sector ¡V A Toolkit

Organisation for Economic Co-operation and Development, Managing Conflict of Interest in the Public Service ¡V OECD Guidelines and Country Experiences

Singapore, Code of Conduct for Ministers

United Kingdom, the, the Code of Conduct for the House of Commons and the Guide to the Rules relating to the conduct of Members

United Kingdom, the, the Ministerial Code

United Kingdom, the, Nolan¡¦s Committee on Standards in Public Life, the First Report

Practices in Selected Local Public Institutions/Bodies

Hong Kong Monetary Authority, Code of Conduct

Hong Kong Monetary Authority, the, Code of Conduct for Members of the Exchange Fund Advisory Committee and its Sub-Committee

Judiciary, Guide to Judicial Conduct in October 2004

Legislative Council, Rules of Procedures, Rules 83-84

Legislative Council, Guidelines on Registration of Members¡¦ Interests in April 2006

Legislative Council, Registration Form on Members Interests, April 2006

Mandatory Provident Fund Schemes Authority, Mandatory Provident Fund Schemes Ordinance (Cap.485) schedule 1A section 7

Securities and Futures Commission, Securities and Futures Ordinance (Cap.571) sections 379(1) and (3)

 

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  Last revision date: 31 May 2012