Hiroshi has worked years as an Itamae (sushi chef) at a renowned Sushi Restaurant in Tsim...

 

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Hiroshi has worked years as an Itamae (sushi chef) at a renowned Sushi Restaurant in Tsim Sha Tsui, where he has been relocated from Osaka since 2009. Hiroshi has been searching out for a suitable venue in the same district for opening his own sushi joint, proposed name as Sushi Koi, in view of the re-opening of border and hotel quarantine has been relaxed, to attract both local and overseas patrons. After Hiroshi inspected for various locations and requested assistance from a local real estate agency, Fuji Property Agency, which has sole agency right for Hutzford Terrace ("HT"), a popular restaurant and bar area in Tsim Sha Tsui. The licensed agent of the Fuji Property Agency, Simon Yen sought consent from HT and is ready to offer Hiroshi's Sushi Koi, a prime corner shop on a popular laneway location in HT, which is suitable for the fine dining restaurant business, at a monthly rental of $198,000, for Hiroshi to enter into a five-year lease agreement. Hiroshi met Simon privately and negotiated with Simon for a discounted rental on $180,000 per month instead, by offering Simon a VVIP membership in Sushi Koi. In order to induce Hiroshi to sign the lease agreement, Simon further guaranteed over the phone that HT would consider Hiroshi's offer for 20 days and mentioned that Hiroshi's restaurant could get ready to move in. Nevertheless, Hiroshi just begun to prepare and run his restaurant in HT in three months, Simon leased the same space shop to a chain Thai Fusion Food Restaurant, named Kapun Thai, at the monthly rental of $238,000. As Hiroshi had only worked with the Japanese restaurant businesses and he is not familiar with the legal systems in Hong Kong, advise Hiroshi on the following: (a) Hiroshi found out after his intended agreement with HT via Simon that, the owner of Kapun Thai Restaurant provided $2 million worth of a Bangkok property in Thailand to Simon, to entice Simon to sign up with their restaurant chain instead of Hiroshi's. In relation to the Prevention of Bribery Ordinance (*PBO') in HK, advise Hiroshi as to whether Simon has committed any crime. (b) Hiroshi also learned the Agency in HK can protect customers' rights. Therefore, he would like to know more about how this law could protect his rights to have engaged Fuji, through Simon, in securing the space in HT for his business to commence. Could you explain the relevant rules to Hiroshi? Hiroshi has worked years as an Itamae (sushi chef) at a renowned Sushi Restaurant in Tsim Sha Tsui, where he has been relocated from Osaka since 2009. Hiroshi has been searching out for a suitable venue in the same district for opening his own sushi joint, proposed name as Sushi Koi, in view of the re-opening of border and hotel quarantine has been relaxed, to attract both local and overseas patrons. After Hiroshi inspected for various locations and requested assistance from a local real estate agency, Fuji Property Agency, which has sole agency right for Hutzford Terrace ("HT"), a popular restaurant and bar area in Tsim Sha Tsui. The licensed agent of the Fuji Property Agency, Simon Yen sought consent from HT and is ready to offer Hiroshi's Sushi Koi, a prime corner shop on a popular laneway location in HT, which is suitable for the fine dining restaurant business, at a monthly rental of $198,000, for Hiroshi to enter into a five-year lease agreement. Hiroshi met Simon privately and negotiated with Simon for a discounted rental on $180,000 per month instead, by offering Simon a VVIP membership in Sushi Koi. In order to induce Hiroshi to sign the lease agreement, Simon further guaranteed over the phone that HT would consider Hiroshi's offer for 20 days and mentioned that Hiroshi's restaurant could get ready to move in. Nevertheless, Hiroshi just begun to prepare and run his restaurant in HT in three months, Simon leased the same space shop to a chain Thai Fusion Food Restaurant, named Kapun Thai, at the monthly rental of $238,000. As Hiroshi had only worked with the Japanese restaurant businesses and he is not familiar with the legal systems in Hong Kong, advise Hiroshi on the following: (a) Hiroshi found out after his intended agreement with HT via Simon that, the owner of Kapun Thai Restaurant provided $2 million worth of a Bangkok property in Thailand to Simon, to entice Simon to sign up with their restaurant chain instead of Hiroshi's. In relation to the Prevention of Bribery Ordinance (*PBO') in HK, advise Hiroshi as to whether Simon has committed any crime. (b) Hiroshi also learned the Agency in HK can protect customers' rights. Therefore, he would like to know more about how this law could protect his rights to have engaged Fuji, through Simon, in securing the space in HT for his business to commence. Could you explain the relevant rules to Hiroshi?

Answer rating: 100% (QA)

a Prevention of Bribery Ordinance PBO in HK In the scenario described if Simon accepted the 2 millio... View the full answer