Shanghai-HK legal guide launched to promote ethical business practices

2002-6-13

The Independent Commission Against Corruption (ICAC) and the Shanghai Municipal People’s Procuratorate (SMPP) have joined hands to produce a guidebook to help businessmen in Hong Kong and the Mainland better understand the anti-graft laws in the two jurisdictions.

The ICAC Commissioner, Mr Alan Lai Nin, and SMPP’s Director of Corruption Prevention Department, Mr Xie Beijian, today (Thursday) launched the “Ethics in Practice –'96 A Guide for Businessmen in Shanghai and Hong Kong” at a seminar organised by the ICAC and six member chambers of commerce of the Hong Kong Ethics Development Advisory Committee.

The “Seminar on Shanghai-Hong Kong Business Vistas”, held at the Hong Kong Convention and Exhibition Centre, provided a forum for some 140 businessmen to deepen their understanding of the anti-corruption laws of the two places, and to discuss the challenges and opportunities for cross-boundary investments .

In his welcoming speech, Mr Lai noted that the Mainland’s accession to the World Trade Organisation would foster closer economic ties between Hong Kong and the Mainland and in particular, its largest economic and trade centre --- Shanghai.

At present, Hong Kong is Shanghai’s largest source of foreign direct investment, accounting for about 30 percent of the total. The Mainland is Hong Kong’s second largest source of foreign direct investment.

Mr Lai said: “Only by maintaining a level playing field, through observing rules and regulations, could investors’ minds be put at ease.”

Since the ICAC made its first visit to Shanghai in 1999, the SMPP and the ICAC had organised several rounds of visits and discussions aimed at producing the guidebook.

The joint production of the guidebook was another milestone in the co-operation between the ICAC and the Mainland’s anti-graft authorities. Both had been maintaining close liaison in recent years, Mr Lai added.

In 1988, the ICAC and the Guangdong Provincial People’s Procuratorate (GDPP) instituted the Mutual Case Assistance Scheme to provide mutual assistance in interviewing voluntary witnesses relating to corruption investigations in each other’s jurisdiction.

The Supreme People’s Procuratorate in Beijing started to be directly involved in the Scheme to provide assistance in cases outside the Guangdong Province in March 2000.

Last year, the ICAC arranged more than 220 talks for over 6,700 Mainland officials during their visits to Hong Kong, doubling the figures five years ago.

Addressing the seminar, SMPP’s Director of Corruption Prevention Department, Mr Xie Beijian, said despite the differences in the legal systems in Shanghai and Hong Kong, anti-graft authorities in both jurisdictions shared a common goal in promoting business ethics and the fight again st corruption.

He said the production of the guidebook signified the joint efforts of both sides in contributing to an ethical and prosperous business environment in both places.

Joining the seminar is the Chairman of the Securities and Futures Commission, Mr Andrew Sheng, who delivered a luncheon speech entitled “The Effect of China’s Accession to WTO on Corporate Governance”.

Other speakers at the seminar are the Vice President of the Chinese Manufacturers’ Association of Hong Kong, Mr Paul Yin; the Chief Economist of the Hong Kong Trade Development Council, Mr Edward Leung; and the ICAC’s Assistant Director of Community Relations, Ms Julie Mu.

The guidebook launched today features over 30 scenarios adapted from corruption and malpractice cases to explain relevant legislation. Preventive measures to minimise corruption risks are also included for reference.

A total of 17,500 copies in Chinese, including simplified characters, and English have been produced. They will be distributed through ICAC’s liaison activities with major chambers of commerce and the business sector as well as the SMPP in the Mainland.

Any companies wishing to obtain a copy can contact ICAC’s Hong Kong West and Islands Regional Office at 2543 0000. The publication is also available for downloading from the ICAC Corporate Website ( www.icac.org.hk ) .
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