Bribery and Corruption in Macao: A Summary of Four Cases
Case 1: Offering a Bribe to a Public Servant
In this case, Mr. Wong was convicted of offering a government official MOP20 million plus a commission equivalent to 5% of the contract value (MOP46 million) in exchange for renewing a contract.
Key Features:
- Franchised public service company
- Government official involved
- Significant amount of money offered
Analysis
The Penal Code (Articles 337-339) emphasizes that the intent to offer or accept a bribe is sufficient to commit the offense, even if there’s no actual acceptance or performance of an illicit act.
Case 2: Disclosure of Business Secrets for Personal Gain
Mr. Lee, a supervising officer at Company A, arranged to meet with Mr. Ho from a tendering company and offered to disclose business secrets (quotation prices and recommendations) in exchange for a commission (1-2.5% of the project construction cost).
Analysis
The Prevention and Suppression of Bribery in the Private Sector Law No. 19/2009 emphasizes that both offering and accepting bribes in the private sector are criminal acts. Mr. Lee’s actions demonstrate a clear attempt to solicit a bribe.
Case 3: Offering a Bribe for Favorable Treatment
Mr. Cheung, the Purchasing Manager of Company B, acknowledged receipt of substandard food from Company A in exchange for a payment. The substandard food caused significant financial losses to Company B after customers complained about its quality.
Analysis
In addition to offering and accepting bribes, this case also involves embezzlement, as Mr. Cheung was entrusted with the duty of managing and safeguarding Company B’s property. By accepting the substandard food, he committed a serious breach of his ethical duties.
Conclusion
These cases highlight the importance of preventing bribery and corruption in Macao, particularly in public service companies and private sectors where business secrets and financial transactions are involved. The legal framework emphasizes the severe consequences for those who engage in such activities, including imprisonment and significant fines.