ICAC remains impartial and professional in investigating increasingly sophisticated corruption crimes
2005-10-2
While rapid advances in information technology and the globalisation of economies provide the corrupt with new tools to evade detection and cover up illicit gains, the ICAC remains impartial and professional and continues to sharpen its investigative edge, says ICAC Commissioner, Mr Raymond Wong Hui-chiu.
In an article uploaded on the ICAC Website today (Sunday), Mr Wong says no matter how complicated a case or how complex the procedures may be, ICAC officers always act in strict accordance with the law and discharge their duties without fear or favour.
“As a law enforcement agency, we have total respect for the rule of law and, as pledged since our inception, always uphold justice and fight corruption in full compliance with the law.
“There is absolutely no room for compromise as far as integrity and legal requirement are concerned,” said Mr Wong.
In sharpening the investigative edge, two specialist groups - the Computer Forensics Section (CFS) and the Financial Investigation Section (FIS) - were established within the Operations Department.
Last year, the FIS has conducted a record number of 136 assignments in financial analyses and asset tracing, involving a total of 1,305 transactions. In the past five years, the Section has analysed corruption-related transactions worth $37.4 billion in total.
For example, in two separate fraudulent scams involving senior executives of a listed company and an insurance company, FIS presented to the court over 400 pages of expert statements which traced the complex flows of funds and established fraudulent payments amounting to $27 million. With the expert evidence provided by FIS, both cases resulted in convictions and heavy sentences for the defendants.
Furthermore, in a ruling on another case involving the chairman of a listed company, the Court of Final Appeal affirmed that the ICAC Chief Investigator of FIS giving evidence on accounting matters is qualified as an expert witness though he was a member of the ICAC.
Meanwhile, the CFS has seen a threefold rise in its workload over the past four years, with 653 computer data analyses completed last year alone.
Corruption does not usually leave traceable forensic evidence or physical clues like those found at the scene of ordinary crimes. It typically involves clandestine “under-the-table” deals between willing parties.
Given the secretive nature of corruption crimes, Mr Wong says the Commission very often has to rely on covert surveillance, the use of “informants” or undercover operations to collect evidence.
Mr Wong notes that covert surveillance, an essential investigation tool of law enforcement agencies, has however had its legal basis challenged in court in two recent ICAC cases.
To address the concerns of the court, the Chief Executive has issued an Executive Order to set out the procedures pertinent to the conduct of covert surveillance operations by law enforcement agencies.
Pursuant to the Chief Executive's Executive Order, the Commission has promptly revised related guidelines for investigators, Mr Wong said.
Meanwhile, despite the stringent requirements of the court in admitting evidence in recent years, the ICAC has maintained an average conviction rate of over 80 per cent, with most evidence presented by the ICAC accepted by the courts.
The Commission has received a total of 2,351 corruption complains in the first eight months of this year, a drop of six per cent from the same period last year.
While the corruption situation remains stable, Mr Wong stresses that the ICAC should continue to enhance its effectiveness and maintain a strong and visible deterrence to corrupt criminals.
Mr Wong pledges to continue to devote resources to professional training for graft busters. Some 30 officers will undergo overseas professional training on law enforcement, management and information technology in the next few months. An overseas expert has been engaged to conduct a review of the Commission’s training programmes.
“Any slackening in our vigilance would present corruption with the opportunity to creep back and rear its ugly head again,” the Commissioner warns.
The article has been uploaded to tie in with the launch of a new programme on the ICAC Channel, “Zooming In”, which carries an interview with Mr Wong.
To enhance the Commission's transparency, the “Zooming In” is scheduled to feature interviews with other senior officers of the ICAC in the coming months.
The video-taped interview of Mr Wong is available for viewing on www.icac.org.hk/channel while the corresponding article has been uploaded onto the ICAC website: www.icac.org.hk .
In an article uploaded on the ICAC Website today (Sunday), Mr Wong says no matter how complicated a case or how complex the procedures may be, ICAC officers always act in strict accordance with the law and discharge their duties without fear or favour.
“As a law enforcement agency, we have total respect for the rule of law and, as pledged since our inception, always uphold justice and fight corruption in full compliance with the law.
“There is absolutely no room for compromise as far as integrity and legal requirement are concerned,” said Mr Wong.
In sharpening the investigative edge, two specialist groups - the Computer Forensics Section (CFS) and the Financial Investigation Section (FIS) - were established within the Operations Department.
Last year, the FIS has conducted a record number of 136 assignments in financial analyses and asset tracing, involving a total of 1,305 transactions. In the past five years, the Section has analysed corruption-related transactions worth $37.4 billion in total.
For example, in two separate fraudulent scams involving senior executives of a listed company and an insurance company, FIS presented to the court over 400 pages of expert statements which traced the complex flows of funds and established fraudulent payments amounting to $27 million. With the expert evidence provided by FIS, both cases resulted in convictions and heavy sentences for the defendants.
Furthermore, in a ruling on another case involving the chairman of a listed company, the Court of Final Appeal affirmed that the ICAC Chief Investigator of FIS giving evidence on accounting matters is qualified as an expert witness though he was a member of the ICAC.
Meanwhile, the CFS has seen a threefold rise in its workload over the past four years, with 653 computer data analyses completed last year alone.
Corruption does not usually leave traceable forensic evidence or physical clues like those found at the scene of ordinary crimes. It typically involves clandestine “under-the-table” deals between willing parties.
Given the secretive nature of corruption crimes, Mr Wong says the Commission very often has to rely on covert surveillance, the use of “informants” or undercover operations to collect evidence.
Mr Wong notes that covert surveillance, an essential investigation tool of law enforcement agencies, has however had its legal basis challenged in court in two recent ICAC cases.
To address the concerns of the court, the Chief Executive has issued an Executive Order to set out the procedures pertinent to the conduct of covert surveillance operations by law enforcement agencies.
Pursuant to the Chief Executive's Executive Order, the Commission has promptly revised related guidelines for investigators, Mr Wong said.
Meanwhile, despite the stringent requirements of the court in admitting evidence in recent years, the ICAC has maintained an average conviction rate of over 80 per cent, with most evidence presented by the ICAC accepted by the courts.
The Commission has received a total of 2,351 corruption complains in the first eight months of this year, a drop of six per cent from the same period last year.
While the corruption situation remains stable, Mr Wong stresses that the ICAC should continue to enhance its effectiveness and maintain a strong and visible deterrence to corrupt criminals.
Mr Wong pledges to continue to devote resources to professional training for graft busters. Some 30 officers will undergo overseas professional training on law enforcement, management and information technology in the next few months. An overseas expert has been engaged to conduct a review of the Commission’s training programmes.
“Any slackening in our vigilance would present corruption with the opportunity to creep back and rear its ugly head again,” the Commissioner warns.
The article has been uploaded to tie in with the launch of a new programme on the ICAC Channel, “Zooming In”, which carries an interview with Mr Wong.
To enhance the Commission's transparency, the “Zooming In” is scheduled to feature interviews with other senior officers of the ICAC in the coming months.
The video-taped interview of Mr Wong is available for viewing on www.icac.org.hk/channel while the corresponding article has been uploaded onto the ICAC website: www.icac.org.hk .