Unlike other crimes, corruption usually entails a satisfied relationship between two parties and thus is extremely difficult to investigate and prove in court. The ICAC is therefore given legal powers to investigate and bring the corrupt to book under three specific ordinances:

The Independent Commission Against Corruption Ordinance (Cap. 204):

• Establishes the ICAC and prescribes the duties of the ICAC Commissioner.
• Sets the parameters of ICAC investigations, procedures for handling suspects and the disposal of property connected with offences.
• Gives the ICAC the powers of arrest, detention and granting bail.
• Confers on the ICAC the powers of search and seizure.
• Permits the ICAC to take a non-intimate sample from a person for forensic analysis.

The Prevention of Bribery Ordinance (Cap. 201):

Specifies the offences of bribery involving prescribed officers, public servants and private sector employees. The ordinance empowers ICAC to:

• unravel and identify transactions / assets concealed in different guises by the corrupt. The powers include:
  • Searching bank accounts;
  • Holding and examining business and private documents; and
  • Requiring the suspects to provide details of their assets, income and expenditure.
• detain travel documents of subjects and restrain disposal of property in order to stop the corrupt from attempting to flee Hong Kong or hiding their ill-gotten gains.
• protect confidentiality of an investigation.

The Elections (Corrupt and Illegal Conduct) Ordinance (Cap. 554):

• Ensures that public elections are conducted fairly, openly and honestly and are free from corrupt and illegal conduct.
• Applies to the Chief Executive Election, Legislative Council Election, Election Committee Subsector Elections, District Council Election, Heung Yee Kuk Elections, Rural Committee Elections, Rural Representative Elections and the by-elections of the said elections.

* Details of the Ordinance hyperlink to the Department of Justice - Hong Kong e-Legislation.