The Hong Kong Credit and Collection Management Association Ltd. (HKCCMA) and its Members (Members classified as Ordinary and Associate) are committed to the highest standards of ethics, integrity and compliance with the applicable laws of Hong Kong in all aspects of conducting their businesses. This document is written to formally establish and communicate this commitment.The objects and purposes of HKCCMA are:
- 1. To regulate practices, prescribe ethics and to enforce proper conduct among its Members
- 2. To promote the importance and interest of a healthy credit environment in the society
- 3. To encourage and promote the adoption of legislation that is fair to the credit and collection practitioners and organizations and the credit granting public
- 4. To foster professionalism among credit and collection practitioners in all sectors of the community.
- 5. To foster credit education for the general public
HKCCMA intends to represent the professional interest of entities and individuals of the following:
- 1. Third Party Debt Collection Agents
- 2. Outsourcing Debt Collection Agents
- 3. Credit Reference Agents
- 4. Credit Investigation Agents
- 5. Consumer Credit Providers
- 6. Commercial Credit Providers
- 7. Individual Debt Collection Practitioners
- 8. Individual Credit Practitioners
The Fundamental Principles
The Fundamental Principles provide the basic attitude and framework for each Member to conduct its business and/or employment of which a credit and collection practitioner must maintain to gain confidence of the public and fellow Members. The following are the Fundamental Principles on which the ethical guidance of the HKCCMA is based:
1. Members of HKCCMA seek to maintain the highest standards of honesty, integrity and creditability at all times in their dealings with the public, clients and fellow Members.2. Members of HKCCMA shall not misrepresent their qualifications, capacity, experience and abilities or knowingly delegate assigned tasks to unqualified individuals.3. Members of HKCCMA must conduct their business or employment without violation to the law of Hong Kong and to adhere to all legislation relation to the Personal Data (Privacy) Ordinance.4. Members of HKCCMA shall not discriminate persons on the basis of race, sex, age, religion, color, national origin and disability in connection with all activities while acting in a representative capacity of HKCCMA.
Fundamental Principles on Practice use
The Fundamental Principles provide the framework and constitute the behavioral standards of the Code of Ethics each Member are required to follow. HKCCMA stipulates the Code of Ethics in the following areas with specific directions.
Each Member is responsible and accountable for performing honestly at all times. Whether the Member is performing credit investigation work, debt collection activities or soliciting business, the Member should uphold the integrity before, during and after the completion of the assignments.
It is intended to apply to the extent that Members should provide prompt and diligent service to all matters received. Where possible, Members should be selective in accepting instruction from clients or superiors who may engage in questionable or unethical activities.
The Personal Data (Privacy) Ordinance determines to whom to release and hold information of consumer credit data obtained during the course of business. Members who operate as credit reference agencies and third party debt collector should take extra cautions on such limitations. The most common forms of consumer credit data are in relation to mortgage loans, personal loans, overdraft arrangement, credit cards and hire purchase agreements. The Code of Practice on consumer credit data does not apply to commercial transaction.
Conflicts of Interest
All Members must ensure that they are free from the influence of any conflicting interests when representing HKCCMA or its employer in negotiations with respect to clients, vendors, government officials or any third parties. They are expected to deal with third parties on the basis of what is in the best interest of the represented party only. Members should be constantly alert to situations such as: Holding direct or indirect interest (under names of close relatives) of the vendors or clients or representing the interest of two parties under direct competition
Compliance with Laws
Each Member must ensure itself to be a law-abiding entity or individuals. Member should not commit or permit any of its employees to take any action that would knowingly result in the violation of any laws or regulations. It is imperative that Members should not employ hardcore tactics that can be looked upon as criminal offences, especially during debt collection activities.
- Hard Core tactics
- Criminal Offences
- Vandalize debtors properties
- Criminal Damage
- Refuse to allow debtors to leave a premises
- False Imprisonment
- Force to enter debtors' premises
- Use of abusive or metaphoric wordingsand phases on debtors or debtors relatives
- Criminal Intimidation, Harassment at debtors
Bribery and Corruption
HKCCMA believes that honesty, integrity and fair play are important in business dealings, and should be upheld at all times by Members. Members are deemed to be professionally unethical, if they solicit or accept business by corrupt means, e.g. offering advantages. Full Members and their staff are encouraged to familiarize themselves with Section 2 and 9of the Prevention of Bribery Ordinance appended to this code. Associate Members are encouraged to draw up a code of conduct for compliance by staff.;As a general rule, Members should not offer to clients or accept from vendors any advantage as defined under the Prevention of Bribery Ordinance."
Patents and Copyrights
It is a social responsibility of Members to refrain from using computer software, books, videotape, Compact discs, training material and other products that will infringe the patents or copyrights of others. It is also the obligation of the Members to protect against the improper use of HKCCMA products by others.
To the Credit and Collection Industry
Members should always cooperate in every reasonable and proper way with others in the credit and collection industry and work with them in the advancement of the credit and collection profession.
It is the obligation of Members to use every opportunity to improve public understanding of the wise use of credit and collection services and the benefits of the existent of the credit and collection industry.
Members should support and participate in programs that favorably affect the image, reputation and best interest of the credit and collection profession and to the fullest extent seek solutions to social problems and concerns of the credit and collection industry.