Q&A on Code of Conduct
The HA Code of Conduct (the Code) would be updated regularly and the latest updates were made in 2021. In addition to the distribution of hard copies, staff can browse the updated Code via myHR App and intranet. The Code forms an integral part of the HA rules and regulations with which an employee must comply as part of the staff's employment terms and conditions. The Code is closely related to our daily work. Here are some common enquiries from staff in the past:
1. A patient underwent a surgery upon the advice of doctor. The patient offered the doctor a fountain pen to show his gratitude before discharge, and insisted that he would not take it back despite doctor’s refusal to accept it. What should the doctor do?
The Code states that we must refrain from using our official position to further personal interests, and shall not solicit or accept, directly or indirectly, any advantage or gift. In this case, the fountain pen is considered a kind of advantage regardless of its value. Doctors should refuse to accept it, otherwise both the doctor and the patient might breach Section 4 of the Prevention of Bribery Ordinance because the fountain pen is offered to him on account of his official position as a doctor in a public hospital.
2. A department head who will sit in a recruitment selection board discovers that a personal friend is one of the shortlisted candidates. How should the department head respond?
We shall make a conscious effort to declare our interest in any situations associated with the discharge of our duties which may have any actual or perceived conflict with our private business to our supervisors so that the latter can determine how best to proceed. In this case, the department head should declare interests and avoid participation in the selection process in accordance with Chapter C3 of the Human Resources Policies Manual.
3. Does a nurse need to be held criminally responsible for posting a patient’s condition and photos on social media?
We have a responsibility to take all reasonably practicable steps to protect HA’s and our patients’ information, records and property from improper or inadvertent disclosure, misuse or unauthorised use, loss, damage or corruption. The nurse has violated the Personal Data (Privacy) Ordinance and the Code by posting patients’ condition and photos on social media. Apart from disciplinary action, there are also legal consequences. Besides, according to the Hospital Authority Bylaws, ‘No person shall, in a hospital take any photograph or film or video picture whereby the likeness of a patient in the hospital is thereby depicted without the consent of such patient.’ Any person who contravenes bylaw commits an offence and is liable to a fine and to imprisonment.
1. A patient underwent a surgery upon the advice of doctor. The patient offered the doctor a fountain pen to show his gratitude before discharge, and insisted that he would not take it back despite doctor’s refusal to accept it. What should the doctor do?
The Code states that we must refrain from using our official position to further personal interests, and shall not solicit or accept, directly or indirectly, any advantage or gift. In this case, the fountain pen is considered a kind of advantage regardless of its value. Doctors should refuse to accept it, otherwise both the doctor and the patient might breach Section 4 of the Prevention of Bribery Ordinance because the fountain pen is offered to him on account of his official position as a doctor in a public hospital.
2. A department head who will sit in a recruitment selection board discovers that a personal friend is one of the shortlisted candidates. How should the department head respond?
We shall make a conscious effort to declare our interest in any situations associated with the discharge of our duties which may have any actual or perceived conflict with our private business to our supervisors so that the latter can determine how best to proceed. In this case, the department head should declare interests and avoid participation in the selection process in accordance with Chapter C3 of the Human Resources Policies Manual.
3. Does a nurse need to be held criminally responsible for posting a patient’s condition and photos on social media?
We have a responsibility to take all reasonably practicable steps to protect HA’s and our patients’ information, records and property from improper or inadvertent disclosure, misuse or unauthorised use, loss, damage or corruption. The nurse has violated the Personal Data (Privacy) Ordinance and the Code by posting patients’ condition and photos on social media. Apart from disciplinary action, there are also legal consequences. Besides, according to the Hospital Authority Bylaws, ‘No person shall, in a hospital take any photograph or film or video picture whereby the likeness of a patient in the hospital is thereby depicted without the consent of such patient.’ Any person who contravenes bylaw commits an offence and is liable to a fine and to imprisonment.