CHAPTER 8
Ethical Dimension of Sustainability

1. EXECUTIVE SUMMARY

Ethics in the generic term, which is driven by a combination of individual and/or family values, moral principles, religious beliefs, cultural norms and best practices. Individual's values are derived from moral principles that define what is right or wrong, whereas an individual's choices are actions taken in doing what is right or wrong. The 2007–2009 global financial crisis was partially caused by a number of ethical lapses by both organizations and individuals involved in the mortgage markets, including mortgage originators, financial intermediaries, investment banks, and mortgage borrowers. These lapses collectively contributed to the 2007–2009 global financial crisis and resulted in the global economic meltdown, and have threatened the sustainability of individuals, businesses and governments. The crisis and related financial scandals have caused policymakers, regulators and ethics advocates to ask the question: To what extent do ethics and corporate culture affect the business process? Another question posed is whether ethics performance should be reflected in overall corporate reporting. This chapter addresses these and other ethics-related questions in the context of the ethical dimension of sustainability performance worldwide and particularly in Asia.

2. INTRODUCTION

Ethics are broadly described in the literature as (1) moral principles about right and wrong and (2) honorable behaviors reflecting values or standards of conduct.1 Honesty, openness, responsiveness, accountability, due diligence and fairness are core ethical principles. Business ethics is a specialized study of moral righteousness. An appropriate code of ethics that sets the right tone at the top promoting ethical and professional conduct and establishing the moral structure for the entire organization is the backbone of effective corporate governance. Corporate culture and compliance rules should provide incentives and opportunities to maintain honesty. Attributes of an ethical corporate culture or an integrity-based culture refer to employee responsibility, freedom to raise concerns, managers modeling ethical behavior and expressing the importance of integrity. The company's directors and executives should demonstrate through their actions as well as their policies a firm commitment to ethical behavior throughout the company and a culture of trust within the company. Although the “right tone at the top” is very important in promoting an ethical culture, actions often speak louder than words. This chapter presents the ethical dimension of sustainability performance reporting and assurance worldwide and in Asia.

3. BUSINESS ETHICS

Business ethics is a set of moral principles, organization culture and values, best practices and standards that guide business behaviors. Business ethics refers to the collective values of a business organization, which can be used to evaluate whether the behavior of the members of the organization is considered acceptable and appropriate, and whether the business is held accountable in terms of its openness, integrity and behaviors. Organizational ethics is a set of formal and informal standards of conduct that people use to guide their behaviors at work. These standards are partly based on core values such as honesty, mutual respect, openness, fairness, mutual respect and trust but they can also be learned directly from the actions of others including colleagues and superiors.

Ethics is a relatively broad concept that can be viewed from different aspects. The strongest form of defense against business failure comes from an organization's ethical culture and honorable behaviors. The effectiveness of ethics performance depends on employees' moral conscience and begins with the tone that management sets at the top and workplace integrity. The attributes of an ethical corporate culture include the existence of codes of conduct for senior executives and employees. Appropriate ethical policies and procedures in the workplace can affect the integrity and quality of financial reporting and thus the cost of capital.

Business sustainability in the ethical dimension provides information to investors about the relationship between the corporation and employees. Such information is beneficial to both debt-holders and stockholders when they are assessing the expected return on securities issued by the firm. However, the effect of the ethical dimension of business sustainability should be different for debt and equity holders. Bond holders should benefit more from this dimension of business sustainability as they can benefit from the improved employer–employee relationship between the firm and its workers, but do not need to bear the higher cost associated with the improved relationship such as higher salary or cash-profit sharing. Many factors affect an ethical workplace for employees including employee relations and human rights. Some of the good attributes for employees of an ethical workplace are (1) strong union relations (2) no-layoff policy (3) cash-profit sharing (4) employee involvement (5) retirement benefits (6) health and safety (7) other employee relationship strengths (8) indigenous people relationship strengths and (9) other human rights strengths. In relation to employees and the ethical workplace, bad attributes include (1) weak union relation (2) health and safety practices (3) workforce reductions (4) retirement benefits (5) other employee relations concerns (6) labor rights concerns (7) indigenous people relations concerns and (8) other human rights concerns.

Corporations should establish an ethical workplace culture of integrity and competency that encourages all employees to follow and exemplify. Some of the core cultural values that are intended to inspire a culture of integrity and competency in the workplace include:

  • Upholding the highest ethical standards and integrity along with a culture of accountability in the workplace.
  • Promoting the culture of good citizenship by adding value to the organization, protecting employee health and safety and managing and taking responsibility for natural resources.
  • Avoiding conflicts of interest by considering what is best for the entire organization when making decisions.
  • Focusing on producing safe and good quality products and services by achieving business results and customer success.
  • Being fair and treating others with dignity and respect and promoting diversity.
  • Promoting excellence by helping others reach their potential.
  • Participating in developing objectives and embracing changes.

The growth of the field of business ethics globally is enhanced and accelerated by (1) the existence of an active global business ethics network which promotes business ethics through facilitating reciprocal learning and research (2) the societal demand to stop business scandals (3) regulatory pressure through corporate governance reform and corruption prevention.2

Business ethics is often interpreted as (1) complying with all applicable laws, rules, regulations and standards (2) refraining from breaking the criminal law relevant to all business activities (3) avoiding conflicts of interest that is detrimental to business success (4) avoiding any actions that may result in civil lawsuits against the company and (5) refraining from actions that are bad for the company image and reputation. Businesses are especially concerned with actual and perceived unethical business activities that may cause the loss of money, business damages and reputation. Public companies are required by the US SEC to have business codes of conduct that address these and other ethical issues and existence of such codes of business conduct should be disclosed publicly. Public companies also retain corporate attorneys and public relations experts to monitor employees in their daily activities in observing the established codes of conduct. The audit committee should oversee the establishment and implementation of business ethics programs and processes. Although being moral may prevent a company from some legal and public relations challenges, morality in business is not without cost. A morally responsible company should invest in employee satisfaction, product safety, environmental impact, truthful advertising and scrupulous marketing.

There is always an apparent conflict between the ethical interests of the money-minded business person and the ideal-minded philosopher. A business-oriented individual may argue that there is a symbiotic relationship between ethics and business. This means that ethics naturally emerges from a profit-oriented business. In this context, good ethics result in good business which simply implies that moral business practices are profitable and sustainable. For example, it is profitable to make safe products since this will reduce product liability lawsuits. Similarly, it may be in the best financial interests of businesses to respect employee privacy since this will improve morale and thus improve work efficiency. Some moral business practices may not be economically viable even in the long run. Retaining older workers who are inefficient as opposed to replacing them with younger and more efficient workers may be an example of this. It can also be argued that in a perfectly competitive and free market, an immoral company will be “priced” out in a morally proper environment in the long run. That is, when customers demand safe products or workers demand privacy, then they will buy from or work for only those businesses that meet their expectations. Businesses that do not meet these demands will not be sustainable as far as these employees are concerned.

Another approach to business ethics is that moral obligations require compliance with all applicable laws, rules, and regulations. Corporations that assume an obligation beyond mere compliance with law, and regulations, take on responsibilities that are normally considered optional and ethical. Strictly following this legal approach to business ethics may indeed prompt businesses to do the right thing as prescribed by law. However, there are overriding challenges with restricting morality solely to what the law requires. First, even in the best legal context, the appropriate law will lag behind moral condemnation of certain unscrupulous yet legal business practices. For example, drug companies could previously make exaggerated claims about the miraculous curative properties of their products. New government regulations may prohibit exaggerated claims. Prior to the enactment of a law, there will be a period when a business practice can be deemed immoral, yet the practice will still be legal. This will be a continuing problem since innovations in products, technology, and marketing strategies will present new questionable practices that cannot be addressed by existing legislation. A second problem with the law-based approach is that, at best, it applies only to countries whose business-related laws are morally conscientious. The environment may be different for developing countries that lack sophisticated laws and regulatory agencies.

4. PROFESSIONAL CODES OF CONDUCT

Organizations communicate their values, accepted standards for decision-making, and all other rules of behavior to their employees, clients, members and trading partners. Professional organizations such as the American Institute of Certified Public Accountants (AICPA), Institute of Management Accountants (IMA), Institute of Internal Auditors (IIA), American Certified Fraud Examiners (ACFE) and American Accounting Association (AAA) among others have their codes of ethical conduct. All of these organizations have standards of conduct explicitly or implicitly. Some publish some codes of conduct or ethics which help organizations deal with the underlying values, commitment to employees, standards for doing business, and relationship with wider society, while some do not.

These codes of conduct not only demand maximization of social welfare and transparency but also increased focus on ethics, corporate governance, and corporate responsibility. These codes may be required by laws and regulations in some countries. Some codes are prompted by market mechanisms such as movements in share price or a combination of market forces and regulations while some codes are published by psychological organizations or other organizations. Below are some examples of professional codes of conduct:

  1. The American Psychological Association (APA) has the APA Ethical Principles of Psychologists and Code of Conduct.3
  2. The Canadian Psychological Association (CPA) articulates ethical principles, values, and standards to guide all members of the CPA whether scientists, practitioners, or scientist practitioners or whether acting in the role of research, direct service, teaching, student, trainee, administration, management, employer, employee, supervisory, consultative, peer review, editorial, expert witness, social policy or any other role related to the discipline of psychology.4
  3. The Society for Research in Child Development (SRCD) provides ethical standards for research with children.5
  4. The Association for Computing Machinery (ACM) Code of Ethics and Professional Conduct is a professional code of conduct which is expected by every member (voting members, associate members and student members) of the ACM.6

By implementing codes of conduct effectively and consistently, organizational performance and control can be improved. This would result in fewer irregularities and corporate scandals. Trust would be built up gradually between organizations and their stakeholders.

5. WORKPLACE ETHICS

Workplace ethics is receiving a considerable amount of attention as the emerging corporate governance reforms require the setting of an appropriate tone at the top to promote ethical conduct throughout organizations. A review of reported financial scandals suggests that most ethical dilemmas have financial consequences. Establishment of formal ethics programs is becoming increasingly common in organizations across the non-profit, for-profit, and government sectors. The 2009 National Business Ethics Survey (NBES) provides valuable information about ethics in the workplace in the aftermath of the 2007–2009 Global Financial Crisis.7 The 2009 NBES indicates that (1) employees reporting that they observed ethical misconduct in workplace went down to about 49 percent in 2009 compared to 56 percent in 2007 (2) whistle-blowing reporting was up to more than 63 percent in 2009 compared with 58 percent in 2007 (3) improvements in key measures (integrity, openness, responsibility and accountability) of ethical culture in the workplace reported by employees (62 percent in 2009 compared with 53 percent in 2007) and (4) perceived pressure to commit unethical actions, cut corners or violate ethical standards declined from 10 percent in 2007 to less than 8 percent in 2009.8 Nonetheless, about 22 percent of surveyed employees agreed that the Financial Crisis and related economic meltdown had negatively affected the ethical culture in their company (with more than 10 percent reporting that their company had lowered its ethical standards in the post-2007 recession era) and that retaliations against employee whistle-blowers had increased.9 Furthermore, about 80 percent of surveyed employees believed that they work in a company that holds them accountable for their ethical conduct and more than 70 percent reported that their corporate leaders are transparent regarding their ethical decisions and wellbeing of employees.10 The results suggest that many executives perceive value in actively promoting ethics within their organizations.

Organizations of all types and sizes can benefit significantly from the establishment and enforcement of effective workplace ethics standards. The list of potential benefits linked to an effective ethics program includes the following:11

  • Demonstrating commitment to ethical principles and values throughout the organization.
  • Ability to hire the most ethical senior executives including chief executive officer (CEO) and chief financial officer (CFO).
  • Recruiting and retaining ethical and top-quality employees.
  • Promoting a satisfying, rewarding and productive working environment.
  • Establishing and maintaining a good reputation within the community.
  • Securing the trust of all stakeholders to ensure continued self-regulation and prevent intervention by regulators.
  • Reducing incidents of unethical behavior.
  • Promoting fairness, mutual respect and integrity throughout the organization.
  • Aligning the work efforts of employees with the organization's mission and vision and enabling employees to work toward the organization's goals.

Established workplace ethics programs are intended to guide and influence how employees tackle and resolve work-related ethical issues. Some actions toward the establishment and enforcement of effective workplace ethics standards include:12

  • Encouraging moral principles, ethical values and integrity.
  • Promoting an open and candid discussion of ethical issues.
  • Presenting ethical guidance and resources for employees to make appropriate ethical decisions.
  • Establishing incentives and opportunities for employees in the workplace to do the right thing and behave ethically.
  • Providing fair mechanisms to promptly resolve potential internal conflicts of interest.

Ethics programs cannot prevent all misconducts from occurring but surely can reduce they incidences. Even in the most efficient and ethical organizations, there are always employees who willfully disregard the organization codes of conduct and the rules. In such cases, there is no substitute for clear procedures and sanctions. A good ethics program promotes employees to do the right thing. Employees need to be aware, sensitive and responsive to workplace ethical issues and willing to work within their organization to address them internally rather than resort externally to resolve them. External disposition and exposure of workplace unethical issues is generally neither in the best interest of the organization nor its employees.

Employees typically have high ethical expectations and expect their organizations to do what is right and fair, not just what is profitable. Most executives realize that the success of any ethics program requires a right tone at the top by directors and executives and the active support of and participation by employees. Employees who consider their workplace ethical as exemplified by their leaders and supervisors modeling ethical behavior and the promotion of honesty, mutual respect, fairness and trust generally report positive experiences regarding a range of outcomes. Some of these outcomes include more ethical workplace culture, fairness, integrity and mutual respect, less observed misconduct at work, less pressure on employees to compromise ethics standards, more incentives and opportunity to do the right thing, along with more reasons for “feeling valued” by the organization. These outcomes also include a greater willingness to report misconduct, greater satisfaction with the organization's response to reported misconduct, greater overall satisfaction with the workplace and greater loyalty to the organization.

Directors and executives should set an appropriate tone at the top promoting ethical culture of integrity, fairness, mutual respect and competency throughout the organization with a keen focus on ethics programs and adherence to ethical principles and codes of conduct by leaders, supervisors and employees. A good workplace reputation maintained by a company toward its employees, customers, suppliers and key stakeholders is an immeasurable asset that executives naturally should protect. Executives generally recognize that employees through hard work, dedication and ethical conduct can influence the company's reputation through their daily decisions and interactions but often fail to appreciate how an ethics program can give employees the tools to enhance that reputation.

Enron, in 2001, had gone from being considered one of the most innovative companies of the late-20th century to being considered the most corrupted and unethical workplace. Its investors lost billions of dollars, executives were indicted and subsequently convicted, employees lost their jobs and pension investments, and the auditor was derided. Enron is a classic example of a failure of ethics in the workplace. The primary failure of Enron's directors and executives was self-dealing and the violation of their fiduciary duty to protect the interests of its stakeholders (investors, employees, suppliers, creditors, customers, government and society). The main objective of Enron's directors and officers was to manage earnings and be leader in the industry rather than to do the right thing and conduct their business ethically. Enron was the seventh-largest public company in the US at the beginning of 2001 and in 2002 it was the largest company to declare bankruptcy in US history. The consequences of compromising ethical code and maintaining an unethical workplace can be the demise of the company and loss of reputation and investment by all stakeholders.

6. CORPORATE CULTURE

The delegation of authority, the assignment of responsibilities, and the process of accountability influence corporate culture. It is the responsibility of directors and executives to set a right tone at the top of promoting a corporate culture of integrity and competency. Proper communication of corporate culture such as codes of conduct and job descriptions throughout the company are essential in promoting and enforcing ethical behaviors. Corporate culture and compliance rules should provide incentives and opportunities for ethical individuals to be honest and to act with integrity, and provide measures for monitoring, penalizing and correcting unethical individuals, the minority, for such unethical behaviors. Companies should promote a spirit of integrity that goes beyond compliance with the established code of business ethics or compliance with the letter of the law by creating a business culture of doing what is right.13

Three factors may be the most important in affecting people's behaviors: incentives, opportunities, and choices.14 Incentives pressure are perhaps the most essential factor of business ethics. Individuals within the company (managers and employees) tend to act according to incentives provided to them in terms of rewards arising from the performance evaluation process. Corporate culture and incentives can encourage individuals to behave in the desired ethical manner. However, individuals who have the incentives to do the wrong thing, if opportunities exist, wrongdoers will take advantage and behave in an opportunistic manner. Thus, effective corporate governance, internal controls and enterprise risk management can reduce the opportunities for unethical conduct.

In general, individuals are rational and often are given the freedom to make choices and usually choose those that will maximize their wellbeing. Managers and employees make decisions, take actions, and exercise their choices in compliance with the applicable codes of conduct.. on behalf of the company as agents of their company. A corporate culture promoting ethical and competent behaviors throughout the organization along with strengthening incentives for doing the right thing and reducing opportunities for unethical actions can improve the ethics performance in the workplace.

7. BUSINESS ETHICS IN ASIA

Modern business ethics was initiated in the Western region and spread through the discourse of the free market to other parts of the world. Each historical period had its norms about business ethics and as time evolved, acceptable behaviors became objective. For example, South Korea's racing authority has legitimized horse racing by promoting it as a leisure service. Business ethics in Asian countries has evolved from the Chinese Confucian virtues. Asian values place emphasis on hierarchical relationships and social harmony while European values emphasize freedom and human rights.15 Although Koehn (2013) is of the opinion that business ethics can be drawn from different cultures, religions or thought processes, they still converge at a common practice without imposition of hegemony by either party especially in global business practices.16

There has been a growing interest in business ethics in Mainland China and in the other parts of Asia, because of the following three key factors:

  • Increasing expectations from Western companies for organizations to operate in a more ethical manner in line with Western standards. This comes as a result of the need for Western firms to be consistent in meeting the expectations of government, media and other stakeholders in their home countries.
  • The interest of Asian countries in deploying capital abroad by forming partnerships or purchasing European and American companies, which leads to pressure on Asian firms from business partners and governments to exhibit Western ethical practices.17
  • Business ethics is also influenced by the religion of the people in a particular group as different religious teachings may promote or frown at some attitude or behavior of its people based on its values and norms, as moral content differs from one religion to another.

An academic study suggests that regions which practiced Christianity were found to have higher ethical standards while the traditional Chinese religion had more room for the acceptability of unethical behaviors.18 This implies that as Mainland China and other transition economies reviewed in the study open up to the Western capitalist market, they are also exposed to the religious influences of Western countries (Christianity), which may instill more orderly and ethical development of their economies.19 A 2017 academic study argues that business ethics has certainly become a universal concept in most jurisdictions including those in East Asia like Mainland China, Hong Kong, Taiwan, Singapore, South Korea and Japan. Even though capitalist business ethics now includes both socialist and traditional ethical values, there is significant transition from one particular mode to another.20

Japan was the first non-Western Asian country to adopt and practice the concept of Western business ethics, in the 1920s, which aided its rapid economic development and Westernization at that time.21 The establishment of a Code of Ethics by Japanese companies started actively in 1993 as a result of the publication of the Charter of Corporate Behavior in 1991 by Nippon Keidanren (the Federation of Economic Organizations in Japan). Shortly afterwards, the Japan Society for Business Ethics Study (JABES) was established to promote the research and practice of business ethics.22

Mainland China, on the other hand, has been considered deficient in terms of the practice of business ethics. Until recently the practice of business ethics in Mainland China was influenced by respect for the chain of command, avoiding loss of face (mianzi) and a reluctance to whistle-blow on colleagues.23 In combating corruption rooted in the culture of mianzi, the Central Commission for Discipline Inspection (CCDI), an internal control institution of the Communist Party of China (CPC), has further encouraged whistle-blowing by providing various channels including mail, email and hotlines after the anti-corruption campaign initiated by President Xi Jinping in 2012. Rossouw (2011) has classified global business ethics prevalence according to three categories where the West (North America and Europe) was placed at high level; Sub-Saharan Africa, South and South East Asia, East Asia and the Oceania region at medium; while Latin America and Central Asia are in the low category. Given that this is a general estimate, there exists some variability in individual countries. For example, there are differences in South and South East Asia, where India, Bangladesh, Sri Lanka, Thailand and Malaysia are leading the development of the field, while business ethics as a field of training is more prevalent in countries such as Singapore.24

The region still experiences a high level of corruption, which is the backbone that supports unethical behaviors at different levels of organizations in each country.25 Transparency International, in its 2017 Corruption Perception Index, gave the Asia-Pacific Region an average score of 44 out of 100 marks with Singapore scoring the highest with 84 points and North Korea with the lowest at 17 points. Cases of corruption in the region are quite common in developmental infrastructure projects, with government officials taking part in land sale deals with large multinational and local companies while displacing local residents without a fair and equitably structured resettlement plan. To mitigate and combat corruption, companies and stakeholders must include business ethics codes and integrate the right perspectives on handling ethical issues in educating executives in the region.

Organizational and cultural challenges affect firms in the region, as seen in Japan where large firms such as Olympus, Toyota and Toshiba still battle with business ethics issues with respect to diversity and gender regardless of the fact that Japan was one of the pioneers of business ethics in the region.26 Tackling business issues might work if addressed from the underlying factor of poor personal ethics because unethical conduct breeds from this aspect and then spreads rapidly in an organization.

The separation of business ethics and CSR as two distinct fields in some regions (like Europe and South and East Asia) also poses some challenges as business ethics are usually considered on an individual level while CSR is perceived as a managerial field involving the external responsibility of firms to their stakeholders and the community. However, the two concepts are intertwined and cannot be narrowed down to certain fields as both CSR and business ethics concepts involve duties within and outside an organization. They may be considered as tools allowing each other to succeed, that is, a firm can maximize the benefits of both practices.27

There is an opinion that what the Chinese consider to be ethical may differ from the thoughts of the West. There is said to exist some form of flexibility in the region when corruption involves relationships such as superiors, parents, husbands/wives, elders and friends, relationships which lie at the center of Confucianism. For example, in Mainland China tax evasion may not necessarily be perceived as unethical as it is very common. The justification for this is dependent on the distance of the relationship and the utility of the process.28

7.1 Mainland China

7.1.1 Culture and Its Impact    Mainland Chinese society has been influenced by the effects of Confucianism on employees' behavior in the corporate setting. The Chinese term for business ethics is Shang De, Ru Shang or ‘Confucianist Trader’ and as such is traditionally thought to be a route to success.29 In line with Confucian principles, Mainland Chinese business people rely less on formal contracts and prefer to rely on individual informal agreements and their personal assessment of business partners' trustworthiness.30 The guanxi tradition puts close, reciprocal, trusting and interpersonal ties at the core of human interactions. However, commentators may have mistakenly questioned whether in Mainland Chinese business relations the guanxi-informed practice of gift-giving in fact amounts to bribery.31 In Mainland China, guanxi is an essential practice in business since it may be the only way to gain access in a highly hierarchical system. In recent years procedures, laws and regulations have become more standardized and conform more closely to international norms.32

Geert Hofstede's five cultural dimensions provides a useful framework for understanding the characteristics of Chinese culture. Mainland China's concept of high-power distance demonstrates Mainland China's hierarchical structure, i.e., people should respect and honor those who have higher status. It also implies that individuals in this hierarchical society tend to accept formal authority and are less likely to challenge their superiors in the workplace. The low degree of individualism in Mainland China suggests that people are likely to look after themselves and their family or anyone to whom they have a guanxi-related obligation. Mainland China exhibits a high score on the masculinity dimension, indicating that many Mainland Chinese will sacrifice family and leisure priorities for work, i.e., working long hours to achieve higher pay and promotions. High examination scores are all important to Mainland Chinese people, as salaries and results are measures of success. Mainland China has a low score on uncertainty avoidance, indicating that Mainland Chinese people are risk takers. Finally, Mainland China is a highly long-term-oriented society in which employees are likely to work hard in pursuit of rewards in the long run. Mainland Chinese people are not so much about instant gratification. As a result, the concept of business ethics as originated in the West may not be suitable for application in Mainland China.

7.1.2 Historical Development    Mainland China has experienced the transformation from a centrally planned economy (Communism) to a free market system in a very short period. As a result, Mainland China's business ethics evolved over time with the changes in the market infrastructure.33 After the 1978 reform, Mainland Chinese businesses became receptive to the idea of a relationship between business economic activity and morality. In 1982, Mainland China revised its constitution and adopted a mixed market economy namely “Socialism with Chinese characteristics”. During this period, business ethics, which covered many aspects of commerce, economics, sociology and management, was driven by the Communist Party's “strengthening the construction of socialist spiritual civilization”. In 1994, there was another wave of reforms to establish a socialist market economy, which resulted in rapid decentralization and privatization. The government had privatized many SOEs, making them accountable for their business actions and performance. In this period of rapid change, Mainland Chinese media covered a wide range of ethics topics including pollution, product quality and safety at work.34

The rise of business ethics began in early 2002 when Mainland China joined the WTO. To comply with WTO regulations, Mainland China began to focus on ethical requirements to curb scandals like faulty products and human rights abuses. In 2002, former premier Zhu Rongji announced the slogan “Don't cook the books,” which focused on the credibility crisis and was intended to stimulate public discussion about integrity in business. “Cheng xin” which means “credibility and integrity” became a goal for both corporations and government departments. On the macro level, many laws and rules were refined to link with international standards.

Since 2004, CSR through ethical action has become a prominent issue in Mainland China. The 2006 Chinese Company Law (Article 5) requires companies to “undertake social responsibility” in the course of business. The Sixth General Meeting of the Sixteenth Central Commission of the Communist Party of Chinese, which was held in 2006, made a declaration that “building a harmonious society” is the long-term goal of Chinese Socialism.35

7.1.3 Business Ethics Issues

7.1.3.1 Business Corruption    Transparency International's (TI) Corruption Perception Index 2016 reported that Mainland China ranked 79th out of 176 countries. Mainland China improved by three points in the Index score but still remains low, with a poor score of 40 out of 100; the improvement can be explained by the recent anti-corruption campaign.36 President Xi Jinping launched the campaign in December 2012, shortly after his assumption of the presidency. He vowed to target all party members regardless of their rank in the government (“tigers and flies”).37 President Xi has made fighting official corruption a cornerstone of his reign. The Chinese Communist Party (CCP) disciplined around 415,000 officials in 2016, almost a 25 percent increase compared to the previous year. Of the officials disciplined, about 11,000 officials were expelled from the CCP and handed over to the courts for prosecution.38 In the CCDI's second plenary session, held in January 2017, the CCDI announced that 527,000 people were punished in 2017.39 Although the anti-corruption campaign primarily aims at public officials, the campaign also had a profound effect on the upholding of business ethics by punishing private firms backed by government officials. For example, Anbang Insurance Group Co Ltd, one of Mainland China's most politically connected firms, was taken under government control in February 2018 because the firm was alleged to have violated related laws and regulations.40 Wu Xiaohui, the chair and key shareholder of Anbang Insurance Group, was prosecuted for economic crimes. Another recent and notable case is Changchun Changsheng Bio-technology, a private company that produced around 0.5 million substandard vaccines for children and threatened numerous children's safety in Jilin Province. After the scandal was reported, the chair and several other key managers were investigated by the government. In August 2018, President Xi chaired the Party's Politburo Standing Committee and ordered the sacking of several senior officials, including the vice-governor of Jilin Province.41

To further combat corruption, several laws were amended. In August 2015, the National People's Congress amended several corruption-related provisions of Mainland China's Criminal Law. On March 20, 2018, Mainland China passed the National Supervision Law, which consolidated supervisory powers and “serve[d] as a fundamental and guiding law against corruption and for state supervision, aimed at enhancing the leadership of the Communist Party of China (CPC) on anti-corruption campaigns.”42

7.2 Hong Kong

Conceptually, business ethics and corporate governance go together with one reinforcing the other. Some concepts embodied by corporate governance—such as transparency, accountability, fairness and integrity—are also principles embraced by business ethics.43 To enhance corporate governance and business ethics, Hong Kong has introduced the Listing Rules or Code of Best Practice.

Hong Kong was going through a period of rapid change in the 1960s and the 1970s. The population was increasing at a very fast pace as was the development of the manufacturing industries. The government was unable to meet the insatiable needs of the growing population with the accelerated pace of social and economic development. This led to a sharp increase in corruption cases in Hong Kong. Offering bribes to public officials became the order of the day for business survival and access to public services. Law and order were under threat and corruption was weaved into the social–economic fabric of all walks of life. Corruption was common and yet, people in Hong Kong swallowed their anger.

In the early 70s, the government began its campaign to take decisive action against corruption. The then Governor, Sir Murray MacLehose, articulated for an independent anti-corruption organization that was entirely independent of and separate from any department of government, including the police, in hopes of regaining the confidence of the public. This developed into an effective anti-corruption regime and the Independent Commission Against Corruption (ICAC) in Hong Kong was formed in February 1974.44

It has been suggested that business ethics practices in Hong Kong are strongly influenced by Confucianism. One study reports that the CEOs of five Hong Kong companies displayed leadership approaches based on the Confucian principles of “benevolence, harmony, learning, loyalty, righteousness and humility” (p. 47).45 Another study emphasizes the central importance of the Confucian moral principle of trustworthiness.46 A recent survey highlights that 76 percent (38 companies) of the sample companies had a written corporate code of conduct or business ethics in place.47 Most of these codes of behavior had similar contents and they were rated as satisfactory and often well-constructed, monitored and enforced.

7.2.1 Current Status and Future Opportunities    In April 2007, the Hong Kong Institute of Chartered Secretaries and the Enterprise and Social Development Research Centre of Hong Kong Shue Yan University jointly conducted a survey of the 1,150 Hong Kong listed companies and reported that business ethics codes were not widely adopted. They suggested that Hong Kong had ample room for improvement, and given its position as a global financial center, it must catch up with international practices in ethics.57

In view of the requirement on disclosure of anti-corruption policies by all listed companies in Hong Kong which became effective from the 2016 fiscal year, the Corruption Prevention Advisory Service (CPAS) of ICAC's Corruption Prevention Department (CPD) published the Anti-Corruption Program—A Guide for Listed Companies to assist listed companies in formulating, implementing and reviewing corporate anti-corruption policies and programs. Over the years, the CPAS has helped companies and private organizations to strengthen their systems and procedures for the prevention of corruption and related malpractice.56

7.3 India

In India, business ethics and compliance are at development stage since Indian firms face lower business ethics standards as compared to Western countries. Corruption is a great concern in India.48

7.3.1 Historical Development    Traditionally, Hinduism in India applied ethical standards to all aspects of life. In the old days, Panchayati was the major ethical ruling mechanism in India. The Panchayati system emphasized a high level of business ethics while maximizing wealth. Under British colonial rule, traditional business ethical principles were replaced with new systems of ethics based on Anglo-Saxon and Greco-Roman practices. Since British colonial rule, it has been observed that there has been a decline in ethical conduct in India as emphasis shifted to economic growth and away from ethical standards.49

In 1947, India became an independent nation. Between 1947 and 1990, the License-Raj was a government arm that helped to regulate business ethics activities in India and trained business ethics professionals through SOEs, government research and development (R&D) laboratories and universities. The License-Raj produced well-trained managerial staff. However, it failed to teach the underlying value of one's ethics and morality and the need to integrate this with business ethical settings. The over-reliance of Indian business infrastructures on government controlled sectors caused immorality, inefficiency and corruption by SOEs.50

The pursuit of Artha (accumulation of wealth) in the early development of international markets resulted in lower business ethical standards in India. Jugaad (finding a low-cost solution to any problem in an intelligent way) is a component of the Karma which means working with lower-cost resources. Jugaad is part of Indian business culture and allows the use of a flexible approach in business problem-solving taking into consideration the limited availability of resources and the utilization of innovation. Although India's economy is now in an expansion stage, the serious high poverty level and the lack of resources are largely due to the Jugaad culture.51

7.3.2 Current Status    The modern Indian business environment operates in an uncertain economy with the pressures of globalization, political instability and slow growth as an emerging market. Compliance policies and processes are not aligned with ethical conduct despite a growing number of firms in India having instilled these compliance elements into their corporate culture. The government of India has been making efforts in fighting corruption. Ernst & Young (EY)'s 2017 fraud survey reported that 70 percent of the respondents in India believe that government efforts against bribery had a significant impact on Indian firms.52 However, only 52 percent of those surveyed believe that regulation has a positive impact on ethical behavior.53

Focusing on governance and ease of doing business in India, the Companies Amendment Bill 2016 is an important factor in improving ethical standards. The Bill introduced a whistle-blowing system for Indian listed firms. Whistle-blowing hotlines have become widely accepted with a 6 percent increase found by the EY (2017) fraud survey. Sixty-one percent of the respondents claimed that their firms have developed whistle-blowing initiatives. According to the survey, 47 percent of those surveyed feel it is stressful to hide information about misconduct and more than 50 percent worry about inadequate legal protection.54

Unethical behavior and high degrees of mistrust remain in Indian companies, particularly among young executives. EY fraud survey shows that 60 percent of respondents in India reported that their firms' ethical standards have improved in the last two years. Nevertheless, 78 percent claimed that fraud, bribery and corrupt practices are still common, with 48 percent reporting that bribery would win contracts in India.55

7.4 Indonesia

7.4.1 Culture and Its Impact    In Indonesian culture, the family exists in the form of a traditional structure and its members have clearly defined roles. Hierarchy is very important in the family and every member of the family will respect, emphasize and maintain the hierarchy. Indonesia is also a collectivist society. In this cultural context, Indonesians have always placed the interests of their families and communities above those of the individual. Therefore, the impact of relations on business is very important. Indonesians like to develop intimate relationships with their business partners before negotiating business. The resulting moral problems are highlighted by the corruption and unfair competition brought about by such intimate relationships.56

7.4.2 Enforcement Agencies    The government committed to stamping out bribery by establishing two government agencies and enacting related legislations.

7.4.2.1 Komisi Pemberantasan Korupsi    In Indonesia, the main government agency for the implementation of anti-corruption laws is the Komisi Pemberantasan Korupsi (Corruption Eradication Commission, KPK). The KPK collaborates with other authorized agencies in connection with phishing, bribery and corruption, investigating and prosecuting bribery in suspicious enterprises. The KPK can act effectively to prevent bribery and oversee corporate governance and the management of national budgets.

7.4.2.2 Pusat Pelaporan dan Analisis Transaksi Keuangan (PPATK)    Indonesia's PPATK (Indonesian Financial Transaction Reporting and Analysis Center) works with other countries to fight international organized crime including money laundering. Specifically, PPATK is primarily responsible for tracking the financial flows deriving from corruption and bribery offenses.57

7.4.3 Laws and Policies

7.4.3.1 Anti-Money Laundering Laws    Under the Anti-Money Laundering Act, Indonesia's Financial Intelligence Unit (FIU) has comprehensive anti-money-laundering regulatory and supervisory powers, including sanctions powers. The Anti-Money Laundering Act also empowers the KPK (Corruption Eradication Commission), Customs Office, National Narcotics Bureau, and the General Directorate of Taxation to investigate money-laundering cases in conjunction with the national police. The Anti-Money Laundering Act also strengthens the review powers of the PPATK (Indonesian Financial Transaction Reporting and Analysis Center), enabling it to temporarily freeze business transactions and to verify, analyze and disclose suspected money laundering. Under this Act, financial institutions are required to report to the PPATK any suspicious financial transactions whether it be one transaction or a series of transactions within a working day as well as any cross-border financial transactions.

Suspicious financial transactions subject to this disclosure obligation include any transaction that lacks a clear commercial and financial objective, transactions involving relatively large amounts of cash or unreasonably frequent transactions and any customer activity that goes beyond its usual practice.58

7.4.3.2 The Anti-Corruption Law    The main anti-corruption legislation that makes corruption a substantive offense is Law No. 31 of 1999 on the Eradication of Crimes of Corruption, which is amended by Law No. 20 of 2001 (the Anti-Corruption Law). The main purpose of the Anti-Corruption Law is to regulate and prevent corruption by public officials. According to the Anti-Corruption Law, anyone who gives a gift to a public official must obtain the approval of the KPK (Corruption Eradication Commission). Any unauthorized gift is considered an offense under Articles 12B and 12C. However, this does not mean that all rewards and honorariums given to government officials are illegal. Self-dealing could be considered illegal only if the official's status, powers, or authority were taken into account and his or her obligations (i.e., given with a corrupt intent) were breached. In addition, there are no provisions in the Anti-Corruption Law that specifically deal with facilitating payment. However, on the basis of the law's broad scope, facilitating payment can be said to be included and is therefore also considered to be a bribe to a public official.59

7.5 Japan

7.5.1 Culture and Its Impact    Like other Asian countries, Japanese business ethics is largely affected by the Confucian culture. Some common Confucian values are 1) filial piety 2) brotherhood, peer-ship and equality 3) loyalty and fidelity 4) trustworthiness 5) courtesy and politeness 6) righteousness, right conduct and courage 7) uprightness, honor, integrity and character and 8) humility and shamefulness. Employees in Japan believe that individuals who embrace and practice Confucian ethics would establish good relationships with each other. Similarly, more people would be encouraged to attain similar good virtues, and by continuing to do so, there would be less friction in relationships, which consequently creates positive energies in group dynamics and teams.60,61,62

7.5.2 Historical Development    In the 1990s, two clear-cut trends in business ethics activities appeared in Japan. On the positive side, many corporations which were successful during the bubble economy have become more seriously involved in philanthropical activities than before. For the development of business ethics, however, the passive trend is much more important. Since the late 1980s, a series of scandals has come to light. There were also other important social changes that have also contributed to this passive trend. With these scandals and social changes, both mass media and academia have strongly insisted on the necessity of developing good business ethics.63

The process of managing ethics in companies was stimulated with the publication of the Charter of Corporate Behavior in 1991 by the Nippon Keidanren (the Federation of Economic Organizations in Japan). In response to the publication of this charter, many large companies have established a code of ethics or a code of conduct. In 1993, the Japan Society for Business Ethics Study (JABES) was established to promote the research and practice of business ethics.

7.5.3 Current Status and Future Challenges    Currently, Japan is in the middle of a major economic environmental shift. There is an urgent need for Japan to transform its business style and improve its business education in order to survive in the new business paradigm of the 21st century. Japan still maintains the old Japanese style management, which permits questionable business conduct such as (1) political donations (2) socializing with high-ranking bureaucrats, amounting to bribery (3) corrosive price-fixing exchange and (4) Sokaiya business gang relationships. If Japan wishes to regain the trust of other countries or be successful in the mega-competition that characterizes the global market, businesses must abide by the new rules of the global economy, which require fair and transparent business practice.

Japanese society also has its own idiosyncratic issues of business practice. For example, astonishingly long hours of work often leads to “death from overwork.” Diligence and industriousness are not confined to the Protestant work ethics, but rather are universal virtues of the modern world. For this reason, the promotion of business ethics in Japan still has a long way to go.64

7.6 South Korea

The five main elements in Confucian ethics principles—loyalty, wisdom, morality, justice and benevolence—have great influence on South Korean business culture.65 Although the South Korean business culture is deeply influenced by Confucianism, employees in organizations are not willing to disclose the corrupt practices among them. The South Korean government established the Korean Whistle-blower Protection System in 2002. This system encourages employees to disclose unethical behaviors and provides legal protection for the whistle-blowers.66 The government agencies of South Korea also promote business ethics by establishing programs so that residents can monitor the ethical practices of the nation. The Korea Independent Commission Against Corruption (KICAC) launched the Business Ethics Team in 2003 and established the Business Ethics Centre in 2004. The KICAC has developed a website called the Digital Business Ethics Centre to allow more information to be shared in order to promote business ethics in enterprises.

In contemporary South Korean ethics, the role of Confucianism does not conflict with the religion and belief of the people. For example, Shamanism is the belief in gods, demons and the spirits of ancestors, and Shaman rituals are still popular in the opening ceremonies of new South Korean firms or buildings, with the hope of bringing a good future. However, there are criticisms that Shamanism has a culturally backward influence.67

Other examples of Korean laws that promote business ethics in South Korea include

  • The Domestic Bribery Law governed by the Criminal Code
  • The Pharmaceutical Affairs Act
  • The Medical Devices Act
  • The Framework Act on the Construction Industry
  • The Foreign Bribery Prevention in International Business Transactions Act (the FBPA)
  • The primary anti-money laundering laws which guide the Regulation of Punishment of Criminal Proceeds Concealment
  • The Act on Reporting and Using Specified Financial Transaction Information (the Financial Transaction Reporting Act), which is intended to prohibit money laundering and financing of terrorism.

The Ethical Code of Conduct for government officials was enacted to ensure that government officials also perform their duties in an ethical manner. The code forbids public officials from receiving gifts valued at more than KRW 30,000 (approximately US$30) or cash gifts for family events (for example, weddings, funerals) in excess of KRW 50,000 (approximately US$50). Anyone who does not comply with this in South Korea violates this criminal code.

7.7 Malaysia

7.7.1 Historical Development    Malaysia has been on a steady economic growth path. It aspires to become a developed country in 2020. However, the development of business ethics has been sacrificed at the expense of the country's growth. The Political and Economic Risk Consultancy (PERC) annual report on the perception of corruption in Asia in the latest survey, which was based on 1,802 responses, ranked Malaysia at 6.78 in 2018, which is low compared to other ASEAN countries and to its performance in prior years. (A perfect score in the survey is 0 while the worst score is 10.68)

The poor score from the survey might lead to a decline in Malaysia's ability to attract foreign direct investments (FDI). As its performance appears to have deteriorated when compared to the previous year, the government need take steps to stop the downward trend, which may hinder Malaysia's growth in the long run.

Some actions taken by the government to enforce and enhance business ethics in the workplace and in the public sector include:

  • The release of the Code of Ethics for Malaysian Businesses by Malaysia's Ministry of Domestic Trade and Consumer Affairs to create awareness of best practices of business ethics as well as to encourage ethical practices in Malaysia.69
  • “Work Culture, Performance Now,” a government initiative that was announced in 2009, aims to build a strong ethical culture in the public sector through programs, seminars and workshops targeted to achieve public sector efficiency.70
  • Listed companies were also required to provide information on the organization's policies for ethical conduct and corporate responsibilities.

7.7.2 Culture and Its Impact    Malaysia consists of three predominant ethnic groups, namely Malays, Chinese and Indians. Each of these ethnic groups has different ethnic cultures, identities, values, beliefs and norms which have contributed to the diversity of Malaysia's workforce. This variety in culture may result in tension or misunderstanding and different perceptions on the difference between right or wrong. This may have impacted on the ethical development of businesses in Malaysia.

7.7.3 Current Practice    The revision of the Malaysian Code of Corporate Governance (MCCG) introduced new requirements by which public listed companies need to formalize ethical standards in a code and to ensure compliance. A disclosure index based on the MCCG requirements was developed to analyze disclosure. A study examined the level of ethics practices among Malaysian companies in their 2013 Annual Reports and revealed that almost half of the sample (47.8 percent) did not disclose whether the company has a formal code of ethics or not. The remaining companies (52.2 percent) clearly stated that they had a formal code of ethics or had formalized the code of ethics, with 33.5 percent providing additional information on the code. Having a code of ethics without a proper supporting mechanism will impair the effectiveness of the code. This support can include dedicated employees to monitor the implementation of the code and to provide resources in implementing the code.

The study concluded that although less than half of the sample surveyed did not have a company code of ethics, those which did have a formal code of ethics showed a lack of commitment and did not have any systematic way to promote, support and ensure compliance with the code. The results suggested that businesses in Malaysia may have not achieved good ethics practices in their day-to-day business activities.71 This may be the underlying reason why the KPMG fraud survey reported that fraud, bribery and corruption are major business problems in Malaysia and a majority of Malaysians believe that business cannot be done without paying bribes (KPMG, 2013).72 These findings question the effectiveness of the government in raising corporate governance awareness and reducing corporate scandals and managing other business ethics-related issues in Malaysia.

Tan Sri Yong Poh Kon, Managing Director of Royal Selangor International Sdn Bhd, mentioned in an interview that for the government to successfully enforce laws and policies to ensure proper ethical conduct, it must have qualified and resourceful enforcement officers who are backed up by competent prosecuting officers from the attorney general's chambers. Successful criminal convictions in major corruption cases may lead society to fall in line and ensure leaders are leading by example.73

7.8 The Philippines

7.8.1 Historical Development    The Philippines has enjoyed a flow of new businesses due to an enabling business environment accompanied by the benefits of the natural resources and endowments of its location and diversity. There was sustained growth since its independence from the US in 1946 until the beginning of the Ferdinand Marcos regime in 1970. However, the poor economic policies, corruption and human rights issues associated with the Marcos regime gradually led to the decline of economic growth in the country. Government corruption is often signaled as the major problem that the country faces in its quest for economic growth. In 2011, for example, Gloria Macapagal, who was the president at that time, was charged with corruption and distorting an election, for which she faced several impeachments attempts. Even current President Rodrigo Duterte's death squads have not eliminated corruption, as it has cut deep into the roots of the country's system. The 2017 corruption index by Transparency International allocates a score of 34 out of 100 to the Philippines, which suggests that it struggles, along with other highly corrupted Asian countries like Pakistan, and is far below countries like Singapore and New Zealand that are almost corruption free.74

Although there have been improvements in recent years, many Philippine companies still need to ensure that their operations are not affected by corruption. Companies should pay special attention to contributions to local authorities, in particular donations to political parties, to avoid corrupt practices that are perceived by citizens as improper. Businesses can help minimize the risk of corruption by increasing the transparency of transactions and costs, in particular by using electronic transactions with back-office records.75

Corruption is one of the major concerns of investors (both local and international) when considering doing business in the Philippines.76 The scope of corruption in the Philippines has reached the largest institutions, including the military, industrial groups and the government. Massive business scandals over the years as well as the detention and charging of several senior political leaders, including former presidents, have made the Philippines aware of the prevalence and seriousness of corruption across the country.

The 2012 Visayas earthquake not only caused huge human and material losses in the Philippines but also exposed the problem that many buildings in the country did not conform to the national building code. These preventable tragedies have not only deepened public awareness of corruption issues related to building codes, among others, but have also raised public concern that existing laws and regulations are insufficient to protect the public interest.

7.8.2 Policies

7.8.2.1 Anti-Money Laundering Act of 2011    The Philippines government enacted the Anti-Money Laundering Act in 2011. The Act defines the offense of money laundering and establishes corresponding penalties for this and other similar issues. The Act establishes policies in the Philippines to protect the integrity and confidentiality of bank accounts and to ensure that the Philippines are not used as a place for laundering the proceeds of illegal activities. In accordance with its foreign policy, the Philippines will cooperate in relevant transnational investigations and prosecutions of persons involved in anti-money-laundering activities.77

7.8.2.2 Code of Business Conduct and Ethics    On September 22, 2016, the Securities and Exchange Commission of the Philippines issued a draft code of practice for listed companies and solicited public comments. The draft is intended to help businesses to develop and maintain a standard corporate culture of business ethics. One of the recommendations of the draft was to develop a Code of Business Conduct and Ethics that provides standards for various ethically related conduct and to clarify acceptable and unacceptable behaviors and practices to the public. The responsibility of the board of directors is to fully comply with the code and to ensure that management and employees comply with internal policies. The enforcement of the Code of Business Conduct and Ethics is a powerful safeguard for enterprises in the regulatory environment to promote ethical behaviors.78

7.9 Singapore

Business ethics in Singapore has been well developed. The Prevention of Corruption Act, which was enacted as early as June 17, 1960, is Singapore's main anti-corruption law. The Prevention of Corruption Act empowers the Commission on Criminal Justice and specifies the definition and punishment of corruption.79 According to Lim's 1993 survey, Singaporeans are less likely to engage in unethical activities because there are strict laws governing the country's business practices. Among Asia-Pacific countries, Singapore has been the country with the lowest level of corruption. In almost all cases, Singapore imposes severe penalties on citizens who have committed corruption offenses. It is this punitive effect that ensures a very low crime rate in Singapore.80 Despite the rapid changes in society, Singapore's moral standards remain strict. However, the country has been hit by a series of scandals over the past few years over the conduct of senior private sector officials and senior executives at home and abroad. Prime Minister Lee Hsien Loong announced on January 13, 2015 that the Prevention of Corruption Act will be reviewed and measures will be taken to severely punish corruption with a view to restore the tarnished image of Singapore, marred by scandals. Singapore will also set up a Corrupt Practices Investigation Bureau and a Central Corruption Reporting Centre to encourage citizens to report corruption. The move is aimed at curbing Singapore's decline in the Transparency International Corruption Awareness Index and restoring its leading reputation for non-corruption.81

7.10 Taiwan

7.10.1 Culture and Its Impact    Taiwan, similar to most Asian cultures, is deeply influenced by mianzi. The concept of mianzi is related to “harmony but difference” and “conflict avoidance.”82 In addition, Taiwanese apply guanzi in their daily life and business.83 Guanxi emphasizes social obligations and collective goals. It represents a variety of carefully managed networks of people in Taiwan. Guanxi sets out the obligation to exchange benefits with people who know each other in future business activities. Even within the bureaucracy, guanxi takes precedence over the law.84

As mianzi and guanxi are important components of Taiwanese culture, business ethics is adversely affected. Managers of enterprises provide privileges to members who are associated with them which in turn has a negative impact on fair competition. This cultural identity extends to and permeates the government and corporate sectors leading to corporate scandals, government corruption and misconduct.

7.10.2 Enforcement Agencies

7.10.2.1 The Agency Against Corruption    Founded in 2011, the Agency Against Corruption (AAC) is the first government agency dedicated to fighting corruption. The main objectives of the AAC are to strengthen existing anti-corruption mechanisms, increase conviction rates in corruption cases and further protect human rights in Taiwan.

7.10.2.2 Special Investigation Division    The Special Investigation Division was set up by the Supreme Court Prosecutors Office to investigate corruption involving senior officials including the president, the vice president, the head of the legislature, ministers, and high-ranking officers. It is also responsible for investigating acts of corruption involving elections. The Supreme Court Prosecutors Office also has the power to investigate other major types of corruption.85 In 2008, the Special Investigation Division Prosecutors of the Supreme Prosecutors Office investigated and arrested former president Chen Shuibian for alleged embezzlement of government funds.

7.10.3 Policies

7.10.3.1 Anti-Money Laundering Laws    The Money Laundering Control Act applies to financial institutions and currently defines 17 types of financial institution and gives the competent authority discretion to designate additional types of financial institutions in the future.86 The Money Laundering Control Act obliges financial institutions to develop guidelines and specific measures to prevent money laundering and to submit them to the competent authorities and the Ministry of Finance for review.

7.10.3.2 The Anti-Corruption Informant Rewards and Protection Regulations    The Anti-Corruption Informant Rewards and Protection Regulations were issued and implemented in July 2011. Section 10 of the regulations guarantee that the name, sex, date of birth, identity card number and address of a whistle-blower must be protected. Any statements, affidavits or other relevant information relating to the informant must remain confidential and be stored securely. Any violation in handling the information of a whistle-blower will be dealt with under the Criminal Code and other relevant laws.87 Despite such law, business ethics is still not well inculcated in the ethical behavior of business executives. This is possibly due to Taiwan's culture.

7.11 Thailand

In Thailand, caring for others and quality of life are the main values in people's daily lives. Thai culture is more collectivist and less masculine. Such “feminine” culture drives a preference toward nurturing behavior and avoidance of uncertainty. In Thailand, the high-power distance characteristic indicates that social status, seniority, trust and loyalty govern relationships within business organizations. Thai people respect elders, seniors and persons with power. In recent years, most institutions, public schools and businesses in Thailand have provided mandatory lectures or training programs on business ethics. Additionally, most government agencies and companies have codes of conduct or codes of ethics.88

Empirical studies show that ethics education in Thailand is underdeveloped and not sufficient.89 Srinivasan (2011) surveyed 14 schools in Thailand and found that only four offer courses related to business ethics: two provide lectures on Business Ethics, one on Sustainable Tourism, and one on CSR and Ethics.90 Srinivasan (2011) suggests that more universities should offer business ethics courses at both undergraduate and post-graduate level.

The World Bank's Worldwide Governance Indicators (WGI) reported that Thailand had fair performance in control of corruption from 1996 to 2016 with slight improvement in recent years.91 Thailand also received stable scores (around 36.67 from 2012 to 2015), which indicates that the nation is perceived as a highly corrupted country.92 The Transparency International report reveals that in 2017, Thailand ranked 96th among 180 countries and jurisdictions, with a score of 37. According to the 2017 Global Corruption Barometer survey, the Thai people seem to have a positive view of the corruption level and toward their government's efforts to prevent corruption in their country. Only 14 percent of respondents in Thailand thought that the level of corruption had increased. People in Thailand were likely to think that police officers in their country were corrupt (78 percent). The bribery rate measures the percentage of people who had paid a bribe when accessing basic services. In 2017, Thailand scored 41 percent in the bribery rate with 34 percent of the richest and 46 percent of the poorest people having paid a bribe.93

7.12 Vietnam

Business ethics in Vietnam is still at the development stage. Vietnam is a highly centralized country and the Vietnamese believe that ethical behavior means obeying or complying with instructions from seniors or managers within companies (power distance).94 After adopting a market-oriented economy, business ethics and CSR are becoming important topics in Vietnamese companies.

The 2017 Corruption Perception Index (CPI) reveals that corruption is a serious problem in Vietnam as the nation is trailing far behind other Asian countries.95 The Vietnamese government's and the National Assembly's efforts to fight corruption and find solutions have been inefficient, with limited results. There is evidence of weak implementation and enforcement of Vietnamese laws. The 2005 Anti-Corruption Law provides protection for whistle-blowers and establishes the Asset Declaration to regulate the asset disclosure requirements for government employees,96 and to monitor and charge people who commit corruption.

The government also adopted the National Anti-Corruption Strategy Toward 2020, in 2009. The strategy highlighted efforts to reduce corruption in five areas: (1) improving transparency of authorities and agencies (2) ensuring the economic management regime (3) establishing a fair and competitive business environment (4) enhancing monitoring, surveillance, investigation and prosecution of corruption cases (5) raising society's awareness of corruption issues.97

8. ETHICS REPORTING AND ASSURANCE

Ethics reporting is an emerging undertaking. It is about disclosure of an organization's ethics performance and related assurance. Section 406 of SOX requires public companies to disclose in their annual financial statements the establishment (or lack) of a corporate code of conduct and the SEC related implementation rules require disclosure of the corporate codes of conduct. Nevertheless, public companies may choose to disclose their business ethics performance as a separate report to their shareholders or as part of their regular filings with the SEC. Ethics reporting is usually a component of corporate reporting and thus, standalone ethics reporting and assurance has yet to receive common acceptance in corporate reporting. The process of external ethics reporting has to be standardized and guidelines need to be established for the reporting process. The existing ethics reporting guidance, such as the AA1000 Accountability Principles, can be adapted to determine the structure and content of ethics reporting.98 The three Principles are the foundation principle of inclusivity, the principle of materiality and the principle of responsiveness. The principle of inclusivity is the starting point for determining materiality. The materiality process determines the most relevant and significant issues for an organization and its stakeholders. Responsiveness refers to the decisions, actions and performance related to those material issues. All three principles can be used for guidance and reference in preparing ethics reporting.

The establishment and implementation of ethics key performance indicators (KPIs) enable an organization to measure its success in reaching its ethical goals or objectives.99 The KPIs can be useful as a means of assessing an organization's compliance with its internal established codes of ethical conduct and with external applicable laws, rules, regulations and standards as well as best practices and norms. Proper use of KPIs enables an organization to define its ethical culture and goals, and to establish metrics to measure its ethical performance and to effectively report its ethics performance. The ethics KPIs are classified into corporate culture of integrity and competency and ethical values, ethics code of conduct and its enforcement, ethics performance and the process of promoting ethical behaviors.

In the absence of commonly accepted and standardized authoritative standards for ethics reporting, an ethics report can contain the following information:

  1. Formation of ethics-related board committee or chief ethics executive position (chief ethics and compliance officer) to oversee the organization's code of ethical conduct and its effective implementation.
  2. Establishment, maintenance and enforcement of the code of ethical conduct, including an ethics training program and ethics policies and procedures.
  3. Establishment of positive incentives and right opportunities for ethical leadership and ethical behavior throughout the organization.
  4. Communication, implementation and certification of compliance with the established codes of conduct and related ethics policies and procedures.
  5. Adoption of internal mechanisms for resolution of ethical dilemmas to minimize their existence.
  6. Integration of ethics management with other managerial functions.
  7. Development of grievance policies and procedures to internally resolve disagreements and disputes with supervisors and staff including the integration of whistle-blowing policies into ethics programs and practices to institutionalize ethics in the workplace.
  8. Establishment of an ethics hotline or anonymous suggestion box in which personnel are enabled to report internally suspected unethical activities.
  9. Statement of policy for anti-discrimination based on race, color, ethnic, gender and religion.
  10. Design and implementation of mechanisms for minimizing pressure, incentives and opportunities for employees to compromise their professional responsibilities and ethical standards.
  11. Strengthening of customer relations to enhance the company's reputation.
  12. Implementation of a control structure which eliminates opportunities for individuals to engage in unethical activities.

Ethics reporting should promote not only the practice of complying with applicable laws, rules and regulations but also committing to doing the right thing and observing ethical principles of professional conduct in avoiding potential conflicts of interest. More specifically, the ethics report should provide relevant, timely, useful, transparent and reliable information pertaining to all established, practiced and enforced ethics KPIs discussed above including the following:

  • The existence of corporate codes of conduct.
  • Policies and procedures for resolution of conflicts of interest.
  • Contemporary issues in business ethics
  • Stakeholders and corporate responsibility
  • Corporate governance and compliance
  • Ethics and the environment
  • Healthcare ethics
  • Ethics and information technology
  • Strategic planning and corporate culture
  • Ethics and financial reporting
  • Establishing a code of ethics and ethical guidelines
  • Evaluating corporate ethics
  • Integrity
  • Objectivity
  • Professional competence and due care
  • Confidentiality
  • Fairness and mutual respect
  • Promoting diversity.
  • Professional behavior
  • Ethics aspirations of trust, openness, mutual respect and accountability.

To improve reliability and strengthen the credibility of the ethics report, assurance should be obtained on the report. The assurance process should gather sufficient and appropriate evidence pertaining to the organization's code of ethics, implementation, enforcement and compliance with established ethics policies and procedures and other elements of reported ethics performance. The ethics assurance provider should gather evidence and provide assurance related to at least the following questions:

  1. Does the company have an ethics committee at board level or Chief executive ethics and compliance position?
  2. Does the company establish and maintain effective codes of conduct and ethics standards?
  3. Does the company establish and maintain effective whistle-blowing policies and procedures?
  4. Do employees' actions comply with the spirit and letter of all applicable laws, rules, regulations and standards?
  5. Is personnel behavior and action consistent with the company's core values and ethical standards?
  6. Are there mechanisms for providing incentives and opportunities to behave ethically and do the right thing?
  7. Are there policies and procedures for hiring the most competent and ethical personnel?
  8. Are there whistle blowing policies and procedures for anemones reporting of unethical behavior and actions.
  9. Are there proper mechanisms for effective resolution of conflicts of interest?

9. CONCLUSIONS

Amid the wave of financial scandals and crises, demand for and interest in ethics and compliance training programs have been galvanized. Ethics is broadly described in the literature as moral principles ethical values about right and wrong, honorable behavior reflecting values or standards of conduct. Honesty, openness, responsiveness, accountability, due diligence mutual respect, diversity, inclusiveness and fairness are the core ethical principles. Business ethics is a specialized study of moral rights and wrongs, using appropriate professional judgement and being accountable for ethical decisions and actions. An appropriate code of ethics that sets the right tone at the top for promoting ethical integrity, competency, and professional conduct and establishing the moral structure for the entire organization is the backbone of effective corporate governance.

Corporate culture and compliance rules should provide incentives and opportunities for personnel to maintain their honesty and integrity and should provide mechanisms whereby unethical individuals may be monitored, punished and corrected for their unethical conduct. Attributes of an ethical corporate culture or an integrity-based culture refer to a sense of employee responsibility, freedom to raise concerns, managers modeling ethical behavior and expressing the importance of integrity. The company's directors and executives should demonstrate, through their actions as well as their policies, a firm commitment to ethical behaviors throughout the company and a culture of trust within the company. Although the “right tone at the top” is very important in promoting an ethical culture, actions often speak louder than words. Ethics reporting is the effective way to communicate the organization's ethics aspirations and values of trust, integrity, openness, fairness, mutual respect and professional responsibility and accountability.

The ethical dimension of sustainability performance in Asia is shaped by Asia's cultural, political, legal and business environments. In addition, business ethics in the region has been influenced by MNCs from the West which have invested in these countries. These expect companies they work with in the region to meet the expectations of governments and other stakeholders in the West. However, it will take time for this to influence and overcome the deep-rooted cultural and religious characteristics, and the “ways of doing business” that exist in different Asian jurisdictions. In general, corruption seems to still be prevalent in business enterprises in Asian jurisdictions although governments are trying hard to varying degrees to establish codes of ethical conduct to guide behavior.

10. CHAPTER TAKEAWAY

  1. Encourage the organization to set a tone at the top encouraging “do the right thing”.
  2. Establish on a corporate culture of promoting ethical values, moral principles, integrity and competency.
  3. Create a business culture of integrity and competency.
  4. Inform stakeholders about dedication and commitment to ethical values and an ethical workplace.
  5. Do not cross ethical boundaries.
  6. Be aware of the influence of culture, politics and legal and business environments on ethical choices and actions.

ENDNOTES

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