The investigative power of the ICAC is structured to ensure there will be no abuse. A robust system of checks and balances has been put in place that includes:

Chief Executive/Executive Council

The ICAC is directly accountable to the Chief Executive and the ICAC Commissioner reports to the Executive Council on major policy issues.

Legislative Council

The Council holds the authority of conferring and repealing the powers of the ICAC. The ICAC Commissioner is required to answer to the Council on policy and funding matters.

Separate Power of Prosecution

According to Article 63 of the Basic Law, the Department of Justice of the HKSAR shall control criminal prosecutions, free from any interference. The separation of the investigation and prosecution powers ensures that no case is brought to the courts solely on the judgement of the ICAC.

Independent Judiciary

Article 85 of the Basic Law ensures an independent judiciary. The ICAC is required to seek prior court approval for exercising certain powers, and will carefully consider comments from the court and conduct reviews on operational procedures to avoid misuse of power.

Media

The ICAC is subject to close public scrutiny through the media.

Advisory Committees

There are four independent advisory committees comprising prominent citizens appointed by the Chief Executive and chaired by civilian members to oversee the work of the ICAC.

ICAC Complaints Committee

The Independent ICAC Complaints Committee monitors and reviews all non-criminal complaints against the ICAC or its staff. The Committee includes members of the Legislative Council and prominent members of the community appointed by the Chief Executive.

Internal Monitoring

The ICAC demands a high standard of integrity from its staff. An internal investigation and monitoring unit, L Group, is responsible for investigating breaches of staff discipline, allegations of corruption against ICAC staff and non-criminal complaints against the ICAC or its staff.