Unlike other crimes, corruption always entails a satisfied relationship between two parties and thus is extremely difficult to investigate and prove in court. It is the public that is the victim. 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:
- 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, which are fundamental to any law enforcement agency.
- Confers on the ICAC the powers of search and seizure that are consistent with the powers of arrest and detention.
- Permits the ICAC to take a non-intimate sample from a person for forensic analysis.
- Empowers the ICAC to investigate any alleged offence of blackmail committed by a prescribed officer through misuse of office as well as any conduct of a prescribed officer, which is connected with or conducive to corrupt practices and report thereon to the Chief Executive.
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The Prevention of Bribery Ordinance:
- Specifies the offences of bribery involving civil servants, public bodies and private sector employees.
- Gives the ICAC powers of investigation to unravel and identify transactions and assets concealed in different guises by the corrupt. The powers include:
- Searching bank accounts.
- Holding and examining business and private documents.
- Requiring the suspects to provide details of their assets, income and expenditure.
- Confers on the ICAC the powers to detain travel documents and restrain disposal of property in order to stop the corrupt from attempting to flee Hong Kong or laundering their ill-gotten gains so as to avoid forfeiture by the courts.
- Gives the ICAC the power to protect confidentiality of an investigation.
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The Elections (Corrupt and Illegal Conduct) Ordinance:
- Ensures that public elections are conducted fairly, openly and honestly and are free from corrupt and illegal conduct.
- Applies to the elections of the Chief Executive, and members of the Legislative Council, Election Committee Subsector, District Council, Heung Yee Kuk, the Chairman or Vice-chairman or members of the Executive Committee of a Rural Committee and village representatives.
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