DISCLOSURE AND AVOIDANCE OF CONFLICT OF INTEREST
Any appointee, elected person or a public servant shall use the public office to which he is entrusted to protecting the public interest alone. On no account shall he secure personal gain from the information brought to his knowledge as a result of his assumption of public office and not made public.
1/ Any appointee, elected person or a public servant may not accept any gift, hospitality or sponsored travel that may put his authority to decide under question or ensue conflict of interest.
2/ Notwithstanding sub-article (1) of this Article, if refusal to accept a gift, hospitality or sponsored travel may jeopardize working relation, an appointee, an elected person or a public servant may accept the gift, hospitality or sponsored travel; provided, however, that he shall deposit the gift with the relevant public office or public enterprise or disclose the hospitality or sponsored travel to the Commission or the relevant ethics liaison unit.
16. Measures to be Taken to Avoid Conflict of Interest
1/ Where an appointee, an elected person or a public servant encounters a case that may lead to a conflict between his official duty and his own or his close relative’s private interest, he shall:
a)refrain from giving decision or opinion on the case as well as from taking any action that may be inconsistent with his official duty or may compromise his loyalty; and
b)disclose the situation to the concerned higher official.
2/ A higher official who has received a disclosure under sub-article (1) of this Article may instruct the appointee, elected person or public servant to continue handling the case or may delegate another person instead, as the case may be.
17. Measures to be Taken Following the Event of Conflict of Interest
Any appointee, elected person or public servant shall, following any event of conflict between his official duty and his own or his close relative’s private interest, publicly admit his fault and ask for apology or resign from office, on his own initiative or when required by his superior to do so.
18. Post Employment Limitation
Any appointee, elected person or public servant may not take up any benefit ensuing work from persons whom he used to control, until two years after leaving office. The details shall be provided in regulations and/or directives.
19. Failure to Disclose Conflict of Interest
An appropriate administrative sanction shall, in accordance with the relevant code of ethics, be taken against any appointee, elected person or public servant who fails to disclose any conflict of interest in accordance with this Proclamation.