ABSTRACT
As corruption takes new forms and as unethical behaviour becomes a greater public concern, old ways of dealing with conventional corruption problems become outdated. Anti-corruption laws and anti-corruption agencies (ACAs) must adapt to environmental changes to remain effective. The evolution of the corruption laws in Hong Kong illustrates this. The Prevention of Bribery Ordinance (POBO) served Hong Kong well when bribery was the primary offence, but it is no longer the most appropriate legal instrument to deal with all types of transgressions. It does not always capture complex conflicts of interest cases, where it is difficult to show that an advantage has been obtained and where there is no immediate beneficiary from corruption. The common law offence of misconduct in public office has been successfully developed to supplement the POBO and is well supported by integrity management programmes in both the public and private sectors. However, there have been problems of interpretation with the offence and a need for its further refinement to provide sufficient investigatory powers for the Independent Commission Against Corruption to improve its effectiveness in pursuing conflict of interest cases.
