Hong Kong 2003
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Independent Commission Against Corruption

The Independent Commission Against Corruption (ICAC) is a dedicated anti-corruption agency independent of the Civil Service. Its Commissioner is directly accountable to the Chief Executive of the HKSAR.

During the year, the ICAC continued to keep corruption effectively in check through its three-pronged strategy of investigation, prevention and community education.

The agency has continued to win international recognition. For example, at an international anti-corruption conference held in Hong Kong in January, the Secretary General of Interpol, Mr Ronald Noble, lauded Hong Kong as 'the anti-corruption capital' of the world and the ICAC as 'the No. 1 anti-corruption agency'.

A World Bank publication on fighting corruption in East Asia launched during the year also commended Hong Kong's comprehensive approach in tackling corruption in both the public and private sectors as well as its partnership with the private sector in weeding out graft.

In April, Hong Kong joined the Anti-Corruption Action Plan for Asia-Pacific jointly launched by the Asian Development Bank (ADB) and the Organisation for Economic Cooperation and Development (OECD), signifying the Government's long-term commitment to the anti-corruption cause.

An annual survey conducted by an independent research company in 2003 showed that the ICAC continued to enjoy a high degree of public confidence as an overwhelming 99 per cent of respondents expressed support for the anti-graft body.

Corruption Situation

In 2003, the ICAC received 4 310 corruption reports (excluding election-related complaints), a slight drop of 1 per cent over the previous year. Of these, 1 541 were made against government departments, down from 1 638 in 2002. There were 2 472 and 297 reports concerning the private sector and public bodies respectively, compared with 2 403 and 330 in 2002. Pursuable reports accounted for 76 per cent of all corruption reports.

A total of 711 election-related reports were received during the year, 666 of which were pursuable. They included 564 reports relating to the District Council Election and 132 about the Village Representative Election, which came under the regulation of the Elections (Corrupt and Illegal Conduct) Ordinance for the first time.

Investigation

In 2003, the Operations Department — the ICAC's investigative arm — continued to pursue a proactive strategy in unearthing corruption cases, rendering corruption a high-risk crime. It maintained close ties with disciplined services through Operational Liaison Groups. Liaison channels were also established with government departments, regulatory bodies and key industries for making joint efforts against corruption.

Major cases detected during the year included corruption-facilitated letter of credit frauds, investment and bank frauds, contract and tendering malpractices, fraudulent insurance claims and money laundering. There were also corruption allegations involving civil servants and misconduct in public office.

The number of corruption reports remained at a high level. At year-end, the Operations Department's case-load stood at 1 896 (including 435 investigations on election-related cases). A growing number of these cases featured a more sophisticated and complex modus operandi. During the year, 421 persons were prosecuted and 113 cautioned in accordance with the advice of the Department of Justice.

Prevention

The Corruption Prevention Department examines the practices and procedures of government departments and public bodies to identify corruption loopholes, and recommends measures to reduce opportunities for malpractice.

During the year, the department completed 101 detailed studies into corruption prone areas such as public procurement and outsourcing, law enforcement, contract administration, licensing and registration systems, public works and management of public funding schemes.

Priority of work was given to cases investigated by the Operations Department, corrupt practices commonly found in corruption complaints as well as corruption prone areas identified through established liaison with client departments.

The department continued to provide expeditious corruption prevention advice to government departments and public bodies in the formulation of new legislation, policies or procedures. During the year, the department undertook such consultation work on 294 occasions. Government departments were more ready to initiate corruption prevention studies and seek quick assistance from the department over their new work programmes and revised systems.

To promote good governance and management in the private sector, the Advisory Services Group of the department provided free, confidential and tailor-made corruption prevention advice to private organisations on 336 occasions.

In an effort to strengthen the corruption prevention capability of public and private sector organisations, the department continued to produce Best Practice Modules to provide guidance on ways to minimise corruption opportunities in common problem areas such as procurement, contract administration, staff management, outsourcing and construction. Seminars and workshops were arranged to promote best practices among these organisations.

Community Education

The Community Relations Department is tasked to educate the public against the evils of corruption and enlist the community's support in the fight against it. The department's work objectives are achieved mainly through the use of the mass media and direct liaison with various quarters of the community.

Maintaining a clean civil service remained a top priority for the department. It joined forces with the Civil Service Bureau to assist government departments in implementing the civil service integrity management programme with a view to building up an ethical culture. During the year, the department provided corruption prevention training for about 17 300 civil servants from 38 departments.

To enhance Hong Kong's competitiveness in tourism, an ethics promotion programme for the industry was launched jointly with six related organisations, with a trade-wide conference held for practitioners and training talks conducted for around 5 000 tourist guides. In addition, a practical guide on ethical management for managers and a self-learning training package for front-line employees were also produced.

Youth education remained a priority area in the work programme of the department. Positive values were promoted among young people through the mass media, the Internet, interactive drama performance and family-based programmes and activities. In 2003, a combined youth summit and study programme entitled 'Corporate Governance for the New Generation' project was organised, attracting hundreds of tertiary students from Singapore, the Mainland, Macau and Hong Kong.

During the year, education campaigns were launched to promote clean elections for the Village Representative, Rural Committee, Heung Yee Kuk and District Council elections. Apart from conducting 44 briefing sessions to help candidates, election agents and helpers understand the provisions of the Elections (Corrupt and Illegal Conduct) Ordinance, a 24-hour election hotline was also set up to handle related enquiries. In addition, a series of 66 roving exhibitions, a poster campaign and information booklets were also launched to promote the 'Clean Elections' message.

In media publicity, the department produced a 10-part TV spot series to raise the transparency of its work. Another six-episode series to recount Hong Kong's anti-graft history through the numerous TV commercials produced since the ICAC's inception was broadcast on the infotainment channel on buses.

International Cooperation

The ICAC maintains regular operational liaison with other overseas law enforcement agencies. During the year, it received 279 visitors from law enforcement agencies and other organisations from various countries.

The ICAC and Interpol joined hands to host a three-day international anti-corruption conference, entitled 'Partnership Against Corruption', in Hong Kong in January. The conference was attended by more than 500 local, Mainland and overseas delegates from 61 jurisdictions and eight international organisations. ICAC officers also attended overseas conferences and forums including the 11th International Anti-Corruption Conference and the 3rd Global Forum on 'Fighting Corruption and Safeguarding Integrity', both held in Seoul. With Hong Kong having endorsed in April the ADB/OECD Anti-Corruption Action Plan for Asia-Pacific, the ICAC's Commissioner and the Director of Administration attended the Steering Group meeting of the Action Plan in Kuala Lumpur in December, to report on Hong Kong's anti-corruption initiatives.

Cross-boundary Liaison

Cooperation between the ICAC and the Mainland anti-corruption authorities has become increasingly important with growing social and economic ties between Hong Kong and the Mainland.

The Mutual Case Assistance Scheme established to enable the ICAC and the Mainland procuratorate authorities to assist each other in interviewing voluntary witnesses in connection with corruption investigations continued to operate efficiently. Under the scheme, ICAC investigators visited the Mainland on 25 occasions to meet witnesses willing to assist in investigations while Mainland officers visited Hong Kong for the same purpose on 47 occasions during the year.

Checks and Balances

The operation of the ICAC is subject to a stringent system of checks and balances.

Apart from judicial supervision, the commission's work is scrutinised by four advisory committees — the Advisory Committee on Corruption, the Operations Review Committee, the Corruption Prevention Advisory Committee and the Citizens Advisory Committee on Community Relations.

An independent ICAC Complaints Committee, which comprises members of the Legislative Council and other prominent citizens, monitors the handling of non-criminal complaints against the ICAC and its officers.

     
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