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China Digital Media Corporation, China Digimedia Holdings Limited, Arcotect (Guangzhou) Limited, Guangdong HuaGuang Digimedia Culture Development Limited, Guangdong M-Rider Media Company Limited, Digimedia Services (Shenzhen) Limited, Guizhou Guishi Digimedia Advertising Company Limited, Guizhou Guishi Huaguang Media Company Limited are hereinafter referred to as ("the Company").
The Company believes that honesty, integrity and fair play are important company assets in business. All staff under permanent and contract agreement have to ensure that the Company's reputation is not tarnished by dishonesty or corruption. This Code sets out the basic standard of conduct expected of all staff and the company policies on acceptance of advantages and declaration of conflict of interest by staff in connection with their official duties.
An employee who solicits or accepts an advantage in connection with his work without the permission of his employer may commit an offence. The term "advantage" includes money, gift, loan, fee, reward, employment, contract, service and favour. The person offering the advantage may also commit an offence.
An employee who, with intent to deceive his employer, falsifies documents or furnishes false accounting records may be guilty of an offence.
It is the company policy that staff should not solicit or accept any advantage from any persons having business dealings with the Company (e.g. clients, suppliers, contractors). However, staff are allowed to accept (but not solicit) the following gifts offered voluntarily:
- advertising or promotional gifts of a nominal value; or
- gifts given on festive or special occasions subject to a maximum limit of US$65 in value.
Staff should decline an offer of a gift if the acceptance could affect their objectivity in conducting the company's business, or induce them to act against the interest of the company, or lead to allegations of impropriety. If a staff member wishes to accept a gift not covered in paragraph 4, he should seek permission in writing from the Chief Executive Officer of the Company.
Entertainment refers to food or drink provided for immediate consumption on the occasion, and of any other entertainment provided at the same time. Although entertainment is an acceptable form of business and social behavior, staff must not accept lavish or frequent entertainment from persons with whom the company has business dealings (e.g. suppliers or contractors) to avoid placing themselves in a position of obligation to the offerer.
A conflict of interest situation arises when the private interest of a staff member competes or conflicts with the interest of the company. Private interest includes both the financial and personal interests of the staff member and those of his connections. Connections include family members, relatives, and close personal friends.
Staff should avoid situations which may lead to an actual or perceived conflict of interest situation, and should make a declaration in writing to the Chief Executive Officer of the Company when such a situation arises. Failure in doing so may give rise to criticism of favoritism, abuse of authority or even allegation of corruption.
Some common examples of conflict of interest include:
- A staff member involved in the procurement process is closely related to or has beneficial interest in a company which is being considered by the Company in the selection of a supplier or service provider;
- one of the candidates under consideration in a recruitment or promotion exercise is a family member, a relative or a close personal friend of the staff member responsible for the recruitment or promotion;
- a staff member involved in the selection of a supplier for the Company engages in frequent or excessive gambling with one of the suppliers under consideration;
- a term contractor whose contract is about to be renewed grants a personal loan to the staff member responsible for contract negotiation; or
- a staff member responsible for evaluating tenders is a part-time consultant of one of the tenderers.
Employees must obtain prior written approval from the Company before they take up any outside work/employment which may give rise to an actual or perceived conflict of interest.
All staffs are prohibited from disclosing any information classified by the company to anybody without authorization. Those who have access to or in control of such information should at all times ensure its security and prevent any abuse or misuse of the information. Examples of misuse include disclosure of information in return for monetary rewards, or use of information for personal gains.
The Company does not permit its employees to gamble while on duty or in any premises of a Government department or the Company. Employees should avoid engaging in frequent, excessive or high stake gambling of any kind with person with whom the Company has business dealings.
It is the personal responsibility of every staff member to understand and comply with the Code. Managers should also ensure that their subordinates understand well and comply with the standards and requirements stated in the Code.
Any staff member who is in breach of the Code will be subject to disciplinary action, including termination of employment. In cases of suspected corruption or other criminal offences, a report will be made to the appropriate government authorities.
Any enquiries about the Code or reports of possible breaches of this Code should be channeled to the Chief Executive Officer of the Company for advice and action.
This Code will be governed by and construed in accordance with the laws in which the Company is incorporated, and will be binding on the Company's staff and their assigns.
Under the Prevention of Bribery Ordinance, Cap. 201, "advantage" means:
- any gift, loan, fee, reward or commission consisting of money or of any valuable security or of other property or interest in property of any description;
- any office, employment or contract;
- any payment, release, discharge or liquidation of any loan, obligation or other liability, whether in whole or in part;
- any other service, or favour (other than entertainment), including protection from any penalty or disability incurred or apprehended or from any action or proceedings of a disciplinary, civil or criminal nature, whether or not already instituted;
- the exercise or forbearance from the exercise of any right or any power or duty; and
- any offer, undertaking or promise, whether conditional or unconditional, of any advantage within the meaning of any of the preceding paragraphs (a), (b), (c), (d) and (e).
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