HONG KONG: THE FACTS
ICAC
The Independent Commission Against Corruption (ICAC) was set up in 1974 to tackle corruption, marking a milestone in Hong Kong's anti-corruption work which can be traced back to a century ago.
Anti-Corruption Work Before 1974: As early as 1898, bribery was made an offence with the enactment of the Misdemeanours Punishment Ordinance. In 1948, this was replaced by the Prevention of Corruption Ordinance which was enforced by the Anti-Corruption Office of the Police Force. In May 1971, the Prevention of Bribery Ordinance, incorporated with new offences, heavier penalties and stronger investigative powers, came into force.
In June 1973, a police chief superintendent fled Hong Kong while under investigation by the Anti-Corruption Office. The then Governor, Lord Murray MacLehose, appointed a Commission of Inquiry to look into the circumstances of the case, advise on the effectiveness of the anti-corruption laws and suggest possible amendments. In response to the findings of the Commission of Inquiry and prevailing public opinion, the Governor set up an independent organisation to tackle corruption, heralding a new era in the fight against corruption.
The Birth of the ICAC: The ICAC was established on February 15, 1974, with the enactment of the Independent Commission Against Corruption Ordinance. The Commission is independent of the public service and the Commissioner is answerable directly to the Chief Executive of the Hong Kong Special Administrative Region. The ICAC is committed to fighting corruption through a three-pronged strategy of effective law enforcement, education and prevention to maintain Hong Kong as a fair and just society.
The ICAC comprises three functional departments: Operations, Corruption Prevention and Community Relations. As at the end of 2006, the Commission had an establishment of 1 343 posts.
The work of the ICAC is closely scrutinised by four independent committees comprising leading citizens as members and non-officials as chairmen. The Advisory Committee on Corruption advises on Commission-wide policies and issues. The Operations Review Committee examines and monitors all ICAC investigations. The Corruption Prevention Advisory Committee supervises the work in enhancing practices and procedures to minimise opportunities for corruption.
The Citizens Advisory Committee on Community Relations advises on measures to foster public support in combating corruption and to educate the public against the evils of corruption.
An independent ICAC Complaints Committee examines complaints against the ICAC or its staff, monitors the handling of complaints and advises on follow-up actions.
Operations: The Operations Department is the investigative arm of the Commission. The Head of Operations is also the Deputy Commissioner. The department is responsible for receiving, considering and investigating reports of alleged offences under the Prevention of Bribery Ordinance, the Independent Commission Against Corruption Ordinance and the Elections (Corrupt and Illegal Conduct) Ordinance. The department is also responsible for investigating any conduct of a public servant which is connected with or conducive to corrupt practices, and to report to the Chief Executive in accordance with the law.
Investigating officers are empowered to make arrests for alleged offences covered by the above three ordinances. Under the Prevention of Bribery Ordinance and the Elections (Corrupt and Illegal Conduct) Ordinance, ICAC officers can make arrests for associated offences uncovered in corruption investigations, including certain offences under the Theft Ordinance, the Criminal Procedure Ordinance, and offences connected with perverting or obstructing the course of public justice.
The Department of Justice examines evidence gathered by the department and advises on prosecutions. The consent of the Secretary for Justice is necessary before any prosecution can be instituted under Part II of the Prevention of Bribery Ordinance.
Complaints: The ICAC receives complaints and reports through its 24-hour report centre and Regional Offices in various districts. From 1974 to the end of 2006, 169 965 reports, excluding election-related ones, were received. Among them, 94 535 were related to corruption, of which 46 436 were directed against government servants. In recent years, over 70 per cent of the complaints were made non-anonymously.
Those reports relating to crimes outside the ICAC's ambit are referred to the Police or other agencies. Complaints that do not involve criminal offences may be referred to government departments or other organisations concerned. Where identified, the complainant's consent is sought for such referrals.
Investigations and Prosecutions: Of the 94 535 corruption complaints received between 1974 and 2006, the Operations Department carried out 59 935 investigations. Among the 12 402 persons prosecuted within the period, 2 017 were government servants, 3 615 were civilians who were involved in public sector corruption cases, and 366 from public bodies. The remaining 6 404 persons were involved in private sector cases.
In 2006, the department received 3 339 corruption reports, excluding election-related complaints. It conducted 2 658 investigations and prosecuted 341 persons. Among the completed prosecutions involving 366 persons, 308 were convicted. At the end of the year, cases involving 213
