SQE Other ordinances in agency practice question: Prevention of Bribery Ordinance Cap

EAA SQEOther ordinances in agency practice

Mr Lee Tak-ming, a director of Lion Rock Estates Limited, offers HK$50,000 to a Government officer to help the company win a Government contract for property agency services. The officer refuses at once and reports the offer, and the contract goes to another firm. Under the Prevention of Bribery Ordinance (Cap. 201), which statement is correct?

A Mr Lee commits an offence under section 5(1), because offering the advantage to procure the contract is enough
B Mr Lee commits no offence, because the officer refused and the company was never awarded the contract
C Only section 9 can apply, because a Government officer acting for his department is a private-sector agent
D Only the officer could have committed an offence, and only if he had accepted the money and then given the company assistance

Show the answer and explanation

Answer: A. Mr Lee commits an offence under section 5(1), because offering the advantage to procure the contract is enough

Answer: Mr Lee commits an offence under section 5(1). It is an offence, without lawful authority or reasonable excuse, to offer an advantage to a public servant as an inducement or reward for assistance in procuring a contract with a public body. The offence is complete when the offer is made. Why not the others: - No offence because refused and not awarded: Section 5(1) punishes the offer itself; acceptance and success are not required. - Only section 9 applies: The officer is a public servant and the contract is with a public body (the Government), which is what section 5 covers. - Only the officer could offend: Section 5(1) covers the offeror; section 5(2) covers a public servant who solicits or accepts. Rule: Offering a public servant an advantage to help procure a public body contract is an offence under section 5(1), whether or not it is accepted. Source: Prevention of Bribery Ordinance (Cap. 201), sections 2 and 5(1) and (2); EAA, A Study Guide to Estate Agency Law and Practice, Part 3 paras 54 to 56; as at Oct 2026

Common mistake

Thinking a bribery offence needs the offer to be accepted or the contract to be won.

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Related SQE questions

Mr Cheung Wing-kei owns a Home Ownership Scheme (HOS) flat whose assignment is subject to the Schedule to the Housing Ordinance (Cap. 283). Three years after the first assignment, without paying any premium and without offering the flat back to the Housing Authority, he signs a provisional agreement to sell it to Ms Helen Kwok, an open-market buyer with no Housing Authority eligibility certificate. What is the legal effect?Wendy Lui, a salesperson with Harbour Realty Limited, acts for the vendor of a flat in Lotus Garden, Tai Wai. A purchaser, Mr Sze, hands her a HK$10,000 red packet to persuade the vendor to accept his lower offer instead of a higher one. Wendy accepts it without telling her employer or the vendor. Under the Prevention of Bribery Ordinance (Cap. 201), who commits an offence?Ms Grace Lee consented last month to receive direct marketing from Kowloon Homes Agency. Consider these statements under the Personal Data (Privacy) Ordinance (Cap. 486)

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An original question written to the published SQE syllabus. Figures in the explanation carry their effective dates; check them against the current law before relying on them. Independent exam practice. Not affiliated with or endorsed by the Estate Agents Authority (EAA) or the examination administrator.