香港六合彩 Disclosure of Conflict and Declaration of Interest Policy

This policy helps 香港六合彩 staff and research students recognise activities that might lead to a perceived or actual conflict of interest, and understand how to manage these situations.

Policy published 1 August 2020.

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Background and context

香港六合彩 has now updated its existing policies around conflicts of interest following a wide-ranging review and internal consultation process.

As a world-leading, research intensive university, 香港六合彩 encourages its members to engage in a wide variety of external activities. These might include serving on government, business and community boards; providing expert advice; media commentary; professional practice; schools outreach; and international projects. It also encompasses collaborations with the commercial world 鈥� including consultancy; collaborative research and development; and commercialisation of intellectual property (IP) through licensing and 鈥榮pinout鈥� companies.

Staff and students who are particularly active in this sphere will almost certainly find themselves in the position of having a conflict of interest at some stage in their careers. This is often through circumstances entirely beyond their control or which could not be foreseen. Conflicts of interest are not discouraged and recognising a conflict of interest doesn鈥檛 imply improper conduct or lack of integrity. It is, however, important that聽

conflicts of interest (actual, potential or perceived) are always disclosed;聽
a conflict of interest management plan is put in place to prevent damage to the reputation of the staff member or student in question, or 香港六合彩 as an institution;
where conflicts cannot be managed the activity giving rise to the conflict is prohibited.

Most organisations across both the public and private sector, irrespective of scale, will have defined policies on disclosing and managing conflicts of interest 鈥� with many taking a broadly similar approach.

The new 鈥樝愀哿喜� Disclosure of Conflict and Declaration of Interest Policy鈥� applies to all staff; staff and directors of 香港六合彩鈥檚 subsidiary companies; Doctoral Students; and others working in the university.聽

In addition to and independent of the duty to disclose possible conflicts, certain individuals are required to submit an Annual Declaration of External Interests in accordance with section 8 of this Policy.

The full 香港六合彩 Disclosure of Conflict and Declaration of Interest Policy and guidance can be found below. The guidance is expected to be updated, added to and amended as the Policy itself is implemented alongside the delivery of training.聽

香港六合彩鈥檚 Disclosure of Conflict and Declaration of Interest Policy is written within the broader context of 香港六合彩鈥檚 procedural documents and policies, and must be considered alongside these, including, but not limited to:

1.听滨苍迟谤辞诲耻肠迟颈辞苍

1.1.聽香港六合彩 is a diverse intellectual community, engaged with the wider world and committed to changing it for the better; recognised for its radical and critical thinking and widespread influence; with an outstanding ability to integrate its education, research, innovation and enterprise for the long-term benefit of humanity.

1.2.聽香港六合彩 encourages its members to engage in a wide variety of external activities, such as serving on government, business and community boards, providing expert advice, media commentary, professional practice, schools outreach, international projects and collaborations with the commercial world, including consultancy, collaborative research and development, and commercialisation of intellectual property (IP) through licensing and 鈥榮pinout鈥� companies.

1.3.聽香港六合彩 considers that such activities are essential to create impact, and that they are in the public interest, and are also of benefit to 香港六合彩 and the individuals concerned. On occasion, however, they may give rise to conflicts of interest, whether actual, potential or perceived.

1.4.聽Conflicts that are properly managed generally enable activities to proceed as normal whilst protecting the integrity and reputation of the individuals, 香港六合彩 and its members. Actual, potential or perceived conflicts which are not managed effectively risk harming the integrity and reputation of 香港六合彩 and of the individuals concerned.

1.5.聽Those persons to whom this Policy relates are required to recognise and disclose actual, perceived or potential conflicts of interest when there is a risk of them arising, and to ensure that such conflicts, if they arise, are properly managed or avoided.

1.6.聽As an institution in receipt of public and other funds, a university has a duty to fulfil the highest standards of corporate governance. 香港六合彩 is therefore committed to the accepted principles of public life, which embrace selflessness, integrity, objectivity, accountability, openness, honesty and leadership. This Policy is consistent with and supports this commitment.

1.7.聽Ensuring that conflicts of interest do not result in decisions or actions that can be called into question is important in order to protect 香港六合彩鈥檚 reputation and its charitable status.

1.8.聽Please refer to the Glossary (Appendix 3) for a summary of the defined terms.

2.听厂肠辞辫别

2.1.聽This Policy applies to 鈥淩elevant Staff鈥� as defined in the Glossary.

2.2.聽The Policy applies to 鈥淩elevant Students鈥� as defined in the Glossary.

2.3.聽Staff and students who are also members of 香港六合彩 Council and any other 香港六合彩 committee will also need to comply with the relevant declaration of interest requirements of those bodies.聽

2.4.聽Notwithstanding anything in this Policy, Relevant Staff and Relevant Students, including grant holders, who are in receipt of funding, or serving on an external committee or have a role in another organisation, are obliged to abide by the requirements of that funder, committee or other external organisation concerning declaration of interests and disclosure of conflicts.

2.5.聽The disclosure of conflicts of interest under this Policy is separate and parallel to the disclosure of related party transactions required for the preparation of 香港六合彩鈥檚 statutory financial statements. Relevant Staff and Relevant Students who are asked to disclose any related party transactions should continue to do so through the annual 鈥楻elated Party Declaration Survey鈥� and in line with the guidance issued by 香港六合彩 Finance.

3.聽Purpose and principles

3.1.聽The purpose of this Policy is to provide Relevant Staff and Relevant Students with the information required for appropriate awareness of issues, to be able to recognise perceived, potential or actual conflicts, and to manage them effectively should they occur. This Policy encourages the disclosure and management of conflicts.

3.2.聽This Policy aims to ensure that:

3.2.1.聽any actual, perceived or potential conflicts of interest, whether financial or non-financial and whether arising from external activities, personal relationships or roles within 香港六合彩, are identified and properly managed in compliance with the relevant professional, legal, ethical and regulatory standards on conflicts of interest so that the activity can be carried out without risk to the integrity or the reputation of 香港六合彩 or its staff and students;

3.2.2.聽activity is avoided in cases where a conflict of interest cannot be appropriately managed;

3.2.3.聽all staff and students are aware of the importance of proper management of conflicts of interest and are transparent about any potential conflicts;

3.2.4.聽there is a transparent and accurate record of the external interests of certain staff and students through the '香港六合彩 Manage Conflicts and Declare Interests' system (see section 7);

3.2.5.聽there is an effective procedure for identifying, recording and managing disclosed conflicts of interest as and when they arise, and that management plans are implemented and adhered to where required.

4.聽The nature of conflicts

4.1.聽A conflict can occur when the duties owed to 香港六合彩 by Relevant Staff and Relevant Students compete with their personal interests, personal relationships or duties to others. This can include situations where the commitments and obligations owed by Relevant Staff and Relevant Students to 香港六合彩 or to other bodies, for example a funding body, are likely to be compromised, or may appear to be compromised, by:

4.1.1.聽personal gain, or gain to immediate family (or a person with whom the staff or student has a close personal relationship), whether financial or otherwise; or

4.1.2.聽the commitments and obligations that person owes to another person or body.

4.2.聽A conflict can be actual, potential or perceived. A perceived conflict of interest is one which a reasonable person would consider likely to compromise objectivity. A potential conflict of interest is a situation which could develop into an actual or perceived conflict of interest.

4.3.聽Conflicts of interest may be financial or non-financial or both.

4.4.聽A conflict of interest or a potential conflict of interest does not arise merely because Relevant Staff or Relevant Students have academic or commercial interests outside 香港六合彩 and this Policy is not intended to discourage the development of such interests.

4.5.聽Conflicts must be disclosed, following the process and principles of this Policy聽

4.6.聽The annual Declaration of Interests required of senior staff is additional to the requirement to disclose any conflicts that may arise (section 8 below).

4.7.聽The guidance accompanying this Policy (Appendix 1) contains examples of types of conflicts of interest that may arise.聽

5.聽Roles and responsibilities

Relevant Staff and Relevant Students

5.1. Relevant Staff and Relevant Students are responsible for ensuring that they comply at all times with this Policy, and act in a transparent way that is consistent with the principles of public life. Each individual is responsible for recognising situations in which they have a conflict of interest, or potential conflict of interest, or might reasonably be seen by others to have a conflict, to disclose that conflict in accordance with section 6 and to take such further steps as may be appropriate as set out in more detail in section 7 below.

Deans, Heads of Division, Heads of Department, Heads of Vice-Provosts Offices and Heads of Professional Services

5.2.聽Deans of Faculties, Heads of Division, Heads of Department, Heads of Vice-Provosts Offices and Heads of Professional Services are responsible for:

5.2.1.聽ensuring that Relevant Staff and Relevant Students are aware of and comply with this Policy;聽

5.2.2.聽ensuring appropriate plans for managing conflicts of interest disclosed are agreed with the relevant individual (section 6 below).

Deans, Heads of Vice-Provosts Offices and Heads of Professional Services

5.3.聽Deans, Heads of Vice-Provosts Offices and Heads of Professional Services are accountable for ensuring that Relevant Staff and Relevant Students are aware of and comply with this Policy.

Vice-Provosts, Chief Operating Officer, Director of Finance and Business Affairs

5.4.聽The Vice-Provosts, Chief Operating Officer (COO), Director of Finance and Business Affairs (FBA) (or their delegates) are responsible for providing advice and guidance to Deans of Faculties, Heads of Division, Heads of Department and Heads of Professional Services on the management of conflicts of interest appropriate to their functional area. This comprises:

Chief Operating Officer: staff recruitment and management, systems
Director of Finance and Business Affairs: finance, delegated authorities, procurement
Vice-Provost (Health): clinical research, clinical studies, clinical trials, clinical practice, collaboration with partner hospitals
Vice-Provost (Education and Student Affairs): student supervision and recruitment
Vice-Provost (International): international collaborations
Vice-Provost (Advancement): alumni relationships and donations
Vice-Provost (Enterprise): industry collaboration, commercialisation, intellectual property and consultancy
Vice-Provost (Research): conduct of sponsored research

Chief Operating Officer

5.5.聽The Chief Operating Officer is accountable for ensuring that a system exists and is maintained with the purpose of holding details of disclosed conflicts, and declared interests, as described in the sections 6 and 8 below. This system is the '香港六合彩 Manage Conflicts and Declare Interests' system.聽

Boards of 香港六合彩 subsidiary companies

5.6.聽The board of directors of each subsidiary company of 香港六合彩 is responsible for ensuring the implementation of and compliance with this Policy by staff and students working at the relevant subsidiary company. Such boards of directors will ensure that staff and students working at the relevant subsidiary company are made aware of this Policy and related guidance.

Provost

5.7.聽The Provost is the owner of this Policy. The Provost may convene a committee of relevant individuals (a 鈥淐onflict of Interest Committee鈥�) as required, to which unresolved matters relating to conflicts of interest can be referred.

5.8.聽The Provost may delegate all or any of management, oversight and review of this Policy to an identified Vice-Provost or equivalent.

6.聽Disclosure of conflicts of interest

Relevant Staff

6.1. Relevant Staff should make a conflict of interest disclosure as soon as there is a risk that a conflict or potential conflict might arise, or it is recognised that a potential conflict might be perceived. Disclosure should be made via the '香港六合彩 Manage Conflicts and Declare Interests' system.

6.2.聽The escalation route for reviewing disclosed conflicts of interest is as follows:

6.2.1.聽Heads of Departments (or equivalent) will review conflicts disclosed by staff in their departments and relevant heads of professional service functions will review conflicts disclosed by staff in their departments;

6.2.2.聽Deans will review conflicts disclosed by Heads of Departments (or equivalent) in their faculty;

6.2.3.聽Vice-Provosts, the COO and the Director of FBA will review conflicts disclosed by Deans or relevant heads of professional services functions that relate to their functional area (as outlined in section 5.4 of this Policy);

6.2.4.聽The Provost will review conflicts disclosed by Vice-Provosts, the COO or the Director of FBA;

6.2.5.聽The Chair of Council will review conflicts disclosed by the Provost; and if the person named as the reviewer of a disclosed conflict in the above escalation route also has an interest in the matter disclosed then the matter will be referred for review to the next level of authority and, if necessary, a Conflict of Interest Committee.聽

Relevant Students

6.3.聽Relevant Students should make a conflict of interest disclosure as soon as there is a risk that a conflict or potential conflict of interest might arise or it is recognised that a conflict might be perceived. Disclosure should be made via the relevant system.

6.4.聽The escalation route for reviewing disclosed conflicts of interest is as follows:

6.4.1.聽the research supervisor of the student will review conflicts disclosed by a student;

6.4.2.聽where the conflict of interest involves the research supervisor and the student, the Head of Department (or equivalent) will review the relevant conflict.

6.5.聽The person named as the reviewer of a disclosed conflict will be responsible for determining whether a conflict needs to be actively managed by the implementation of an appropriate conflict management plan and recording the relevant Conflict Management Plan in the '香港六合彩 Manage Conflicts and Declare Interests' system.

7.聽Management of disclosed conflicts of interest

7.1.聽Some instances of conflict will require more than just disclosure, and will need to be addressed by agreeing how the conflict can be actively managed, through a Conflict Management Plan (Appendix 2). In cases where there is an actual conflict of interest (as opposed to a potential conflict of interest) it may not be possible to manage that conflict. In these circumstances the Relevant Staff or Relevant Student are required to remove themselves from relevant decision making processes at 香港六合彩. If for any reason they consider this is not possible or not appropriate they are required to seek further guidance from the relevant Vice-Provost.

7.2.聽Guidance on developing a Conflict Management Plan can be sought at any time from the relevant Vice-Provost and, if necessary, a Conflict of Interest Committee convened by the Provost.

7.3.聽Relevant Staff and Relevant Students are required to comply with any relevant Conflict Management Plan and failure to comply may result in disciplinary action.

7.4.聽If a Head of Department (or equivalent) becomes aware that a member of staff or student has an undisclosed conflict he/she should insist the member of staff or the student makes a declaration of an interest on the '香港六合彩 Manage Conflicts and Declare Interests' system (staff) or the relevant system for students.

7.5.聽Any member of staff who is concerned that Relevant Staff and Relevant Students may have an undisclosed conflict should raise this with the individual鈥檚 Head of Department.

7.6.聽Staff and students will be required to complete training, provided by 香港六合彩, relating to the identification and management of disclosed conflicts and declared interests on a regular basis.

7.7.聽Where a conflict of interest relates to an externally funded research project (i.e. where the interest influences, potentially influences, or could be perceived to influence, the design, conduct or reporting of such project), any steps agreed on how to declare and manage the conflict must be compatible with the terms and conditions of the award and the associated Funder鈥檚 Conflicts of Interest policy.

8.聽Annual Declaration of External Interests

8.1.聽In addition to the duty to disclose possible conflicts and interests in accordance with this Policy the following individuals are required to submit an annual summary of their External Interests in the '香港六合彩 Manage Conflicts and Declare Interests' system.聽

the Provost;
the Vice-Provosts;
the Chief Operating Officer;
all members of the Provost鈥檚 senior management team;
all Heads of Division and Heads of Department;
all other persons with a delegated authorisation limit of 拢75k and above;
other members of staff at grade 10 or above;聽
directors of subsidiary companies of the 香港六合彩; and聽
other senior staff as specified by the Provost or any Vice-Provost, from time to time.

8.2.聽Persons with grounds to inspect declarations of interest shall be allowed access to the relevant data at the discretion of the Chief Operating Officer.

9.聽Ongoing review of the Disclosure of Conflict and Declaration of Interest Policy

9.1.聽This Policy shall be the subject of regular review by the Senior Management Team, with updates reported to the Audit and Risk Committee and other relevant bodies.

9.2.聽Such reviews will take place in the light of guidance on best practice issued by outside bodies and are to take place at least once every three years.

10.听狈辞苍-肠辞尘辫濒颈补苍肠别

10.1.聽Non-compliance with this Policy, including completion of the required training, will be managed within and be consistent with the disciplinary processes of 香港六合彩 and appropriate to the nature of the non-compliance.

Appendix 1: Types of personal interest

Conflicts of interest may be financial or non-financial or both.

Financial interest refers to anything of non-trivial monetary value, including, but not limited to, pay, commission, consultancy fees, equity interests, forgiveness of debt, property, royalties, and intellectual property rights.

Non-financial interest refers to any non-financial benefit or advantage, including, but not limited to, enhancement of an individual鈥檚 career, education or professional reputation; access to privileged information or facilities.

Potential conflicts could arise through Relevant Staff, Relevant Students, their Immediate Family (or people with whom the Relevant Staff member or Relevant Student has a close personal relationship) having:

Business positions (e.g. Executive and non-Executive Directorships; partnerships; ancillary employment in other businesses)聽
Appointments (e.g. Trustee in charitable organisation; School governor; appointment with a funding body or in other organisations)
Consultancies (whether through 香港六合彩 Consultants or any other route)
Investments (e.g. Shareholdings (including spin out companies) or beneficial interests in shareholdings; Trusts/nominee companies; Other assets or significant sources of income)
Gifts (e.g. reportable gifts such as substantial travel, hospitality or other forms of valuable benefit)
Other personal interests which could constitute a potential conflict of interest situation聽

This list is not exhaustive, and other situations could constitute potential conflicts

Highlighted below are some common instances where conflicts of interest might arise, which staff and students may find useful as illustrative examples. However, conflicts of interest can manifest themselves in a wide variety of different ways, and clearly it鈥檚 not possible to account for every situation:

An academic is providing consultancy for an external organisation 鈥� whilst at the same time supervising a PhD student. If the student somehow becomes involved in the work relating to the consultancy contract, this creates a potential conflict of interest for the supervisor and potentially the student, which must be declared and managed effectively.
A researcher is facilitating a clinical trial of a therapeutic agent which is being developed by a spin-out company 鈥� a company which the researcher helped to establish and now has a financial interest in as a shareholder. Although, the researcher may be the only person with the necessary expertise to carry out the clinical trial effectively, it nevertheless represents a conflict of interest that must be declared and managed by the researcher removing themselves from the decision making process.
A manger may need to procure specialist equipment or services to deliver a project. If the manager鈥檚 partner sits on the board of a company that is being considered in the tendering process 鈥� that creates a conflict of interest that must be declared. It does not disqualify the company, but as part of the Conflict Management Plan, the manager in question may for example have to extricate him or herself from the selection process. This is often perceived as being a complex area; but if there is any doubt in a situation then disclosure is almost certainly the recommended initial course of action.聽

Appendix 2: Conflict Management Plan

Please refer to the Glossary for defined terms.

Some disclosed conflicts will require a Conflict Management Plan to be put in place. This should be developed by the Reviewer and the Discloser. Once it has been agreed, the relevant Conflict Management Plan will need to be approved by the Approver.

There are several strategies that may be appropriate to a Disclosed Conflicts Management Plan, such as (but not limited to):

not taking part in discussions of certain matters;
not taking part in decisions in relation to certain matters;
referring to others certain matters for decision;
resolving not to act as a particular person鈥檚 supervisor;
divesting or placing in trust certain financial interests;
publishing a notice of interest;
standing aside from any involvement in a particular project; and/or
declaring an interest to a sponsor or third party.

In most cases where there is an actual conflict of interest, the decision-maker who has a conflict of interest will need to stand aside from taking the relevant decision.

A Reviewer may determine that the only way to manage a conflict of interest is for the situation giving rise to the conflict to be avoided.

A Conflict Management Plan will include review dates, options and responsibilities.

For Relevant Staff, a relevant Conflict Management Plan will be retained [in appropriate Departmental and Faculty filing, alongside Appraisal and equivalent records and a copy kept on the Discloser鈥檚 HR file], and the existence of the relevant Conflict Management Plan recorded in the '香港六合彩 Manage Conflicts and Declare Interests' system. Evidence of completion of identified reviews, any required amendment to the plans etc. will be retained and recorded in the same manner.

For Relevant Students, a relevant Conflict Management Plan will be retained, and the existence of the plan recorded in the . Evidence of completion of identified reviews, any required amendment to the plans etc. will be retained and recorded in the same manner.

Deans, Vice-Provosts and their Offices and other staff in 香港六合彩 are available to support and advise Heads of Department and other managers of staff where a Conflict Management Plan is required.

Appendix 3: Glossary of defined terms

Approver: the individual in the relevant escalation route outlined in either section 6.1 or 6.3 of the Policy above to whom the Reviewer is accountable, save in the case of a conflict disclosed by the Provost pursuant to section 6.1 in which case the Approver will be the Chair of Council or if necessary a Conflict of Interest Committee.

'香港六合彩 Manage Conflicts and Declare Interests' system: the register of all disclosed conflicts for Relevant Staff [and Relevant Students] and all External Interests.

Conflict of Interest Committee: a committee of relevant individuals convened by the Provost as appropriate to the issue under review, to which the unresolved matter relating to the conflict of interest can be referred.

Conflict Management Plan: the conflict management plan that sets out the agreed strategy for managing a disclosed conflict, including the review dates, responsibilities of discloser, reviewer and others, and identifies any options for amendment that may be required in the future.

Discloser: the individual who is required to make a disclosure pursuant to section 6.1 or 6.3 of this Policy.

External Interest: holding a remunerated or honorary position in, or having a material financial interest in, or having a consulting arrangement with any person or organisation which is not legally associated with 香港六合彩.聽

Immediate Family: spouse, civil partner, or a financial dependent. However, the 鈥榗lose personal relationship鈥� giving rise to an interest could extend to the following (this is not intended to be an exhaustive list): unmarried partner, parent, non-financially dependent children, brother, sister, grandparent, grandchild, mother-in-law, father-in-law, sister-in-law, brother-in-law, son-in-law, daughter-in-law, the (unrelated) child of an unmarried partner, as well as half and step members of family.

Relevant Staff: all employees of, and other individuals working at, 香港六合彩, including honorary staff, emeritus staff, visiting staff, as well as contractors and consultants (in circumstances where conflicts have not already been appropriately managed through their own conflict management processes), and the staff and directors of 香港六合彩鈥檚 subsidiary companies. (For the purpose of this Policy subsidiary company has the meaning given in s1159 Companies Act 2006.)

Relevant Students: all individuals who are undertaking the programme of work and training that will, if pursued to the required standard, lead to the award of a doctorate and who are registered with 香港六合彩, via Student and Registry Services, for their degree.

Reviewer: the individual within the relevant escalation route in section 6.2 or 6.4 of this Policy responsible for reviewing a disclosed conflict and ensuring that there is a relevant Conflict Management Plan if required.