Corruption Related

Is the giving of gifts on special or festive occasions considered corruption?

Broadly, corruption is receiving, asking for or giving any gratification to induce a person to do a favour with a corrupt intent. Therefore, it is not so straightforward without fully understanding the circumstances of the case, the individual facts and the intent of the parties involved. Each case must be assessed on its own merits to determine if it is a case of corruption. The act of giving a genuine gift (such as red packets) in itself without any corrupt intention is not considered corruption. However, if the gift is given secretly, or in a manner that attempts to avoid notice or attention with a view of securing personal special privilege or advantage and more so at the expense of the recipient’s principal’s/employer’s interest (i.e. resulting in a compromise of the recipient’s official duties), it may be deemed to be corrupt and hence an offence under the Prevention of Corruption Act. In giving gifts, especially if it involved parties whom one may have an official relationship with, one may want to consider being upfront with the recipient’s boss and employer. This would improve transparency and at the same time allow the recipient’s employer to assess if the recipient could be held beholden to the gifts.

Should you be in any doubt as to whether any particular transaction is corrupt, you can consult the CPIB Duty Officer at our hotline: 1800 – 376-0000*.

Are referral fees or commissions considered corruption?

While there are no exhaustive guidelines as to when the payment or receipt of referral fees is corrupt, much will depend on the individual facts and circumstances of the case and the intent of the parties involved. For example, whether such payments or receipts are properly accounted for, and whether the receivers or the givers are allowed or authorised to accept or make such payments either by their company or the regulatory bodies relating to their profession.

Although it is not possible to list all instances where payment will be deemed to be corrupt, the law has held that one of the elements that is required to establish a corrupt transaction is that the transaction must appear to the ordinary person to be “objectively corrupt”. Therefore, clear instances of corruption would include instances where a “referral fee” is given to an employee as an inducement or as a reward for gaining business advantage and/or is intended to influence the employee to act in such a way that compromises his employer’s interests. Each case must be assessed on its own merits to determine if it is a case of corruption.

Should you be in any doubt as to whether any particular transaction is corrupt, you can consult the CPIB Duty Officer at our hotline: 1800 – 376-0000*.

Are both the giver and receiver of the bribe money guilty of corruption?

Yes, it is an offence to give or receive a bribe.

What happens if the receiver of the bribe is not in a position to carry out the favour asked by the giver?

The receiver of the bribe can be charged and convicted of corruption even if he/she is not in the position to carry out the favour asked by the giver of the bribe.

If a Singaporean commits a corruption offence abroad, is he punishable under the Prevention of Corruption Act?

Yes, the Act has extra-territorial powers over a Singapore citizen to deal with corrupt acts outside Singapore as though it were committed in Singapore. Non-citizens may be investigated and prosecuted in Singapore if they abet the commission of a corruption offence related to Singapore.

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