ICAC goes an extra mile in cross-boundary cooperation, says Commissioner
2008-11-11
The Independent Commission Against Corruption (ICAC) is prepared to walk an extra mile in cooperating with other jurisdictions to bring the corrupt to justice, Dr Timothy Tong Hin-ming, Commissioner of the ICAC, told an international conference for top pr osecutors in Manila, the Philippines.
Addressing the Fifth China-ASEAN Prosecutors General Conference on the theme of “ Mutual Assistance in Criminal Investigation: The Extra Mile ”, Dr Tong today (Tuesday) stressed that unless agencies from different jurisdictions are genuinely committed, ready to cooperate fully and understand each others’ situations, criminals can slip through the net of justice and escape capture.
The ICAC chief pointed out that nowadays corruption had become an increasingly complex crime, making international cooperation and mutual assistance ever more important.
First, corruption is invariably used to facilitate other serious crimes, including terrorist financing, drug and human trafficking, and money laundering which often cut across jurisdictions.
Second, corruption is often committed amongst mutually satisfied parties who all benefit from their corrupt deals, leaving no or few complaints between themselves.
Third, investigations of transnational graft cases may be hindered due to differing legal systems, interpretations and ideologies.
To this end, the ICAC has effectively implemented cooperative arrangements with partnering jurisdictions under the Mutual Legal Assistance in Criminal Matters Ordinance, which might involve the taking of statements, searching of premises and obtaining of evidence from banks and other financial institutions, the Commissioner said.
He added that the standards set down by the United Nations Convention Against Corruption have made it easier for Member States to establish and maintain a legislative regime that allow effectively interactions between different jurisdictions in the invest igation of cross-boundary corruption.
When faced with technical difficulties which were inevitable on some occasions, Dr Tong said: “The ICAC is prepared to go an extra mile through alternative procedures and special arrangements within our legal framework, to track down the transnational criminals and deprive them of their ill gotten gains.”
One of the cases cited by Dr Tong was the one involving a principal official of Macao that the ICAC had provided operational assistance. The corrupt official had been convicted of accepting US$30 million for granting government works projects and sentenc ed to 27 years in jail by the Macao court. Another involved the smooth cooperation between Hong Kong and the organizer of the present conference, the Government of the Philippines.
The delegation of the People’s Republic of China (PRC) to this conference is led by Mr Cao Jianming, Procurator General of the Supreme People’s Procuratorate. The ICAC Commissioner took opportunity of the conference to meet with Mr Cao.
The three-day conference, attended by about 60 procurators general and law enforcement officials of ASEAN countries and regions, will conclude this Thursday (November 13).
Apart from the ICAC Commissioner, the PRC delegation also includes Mr Grenville Cross, Director of Public Prosecutions of the Department of Justice in Hong Kong.
Addressing the Fifth China-ASEAN Prosecutors General Conference on the theme of “ Mutual Assistance in Criminal Investigation: The Extra Mile ”, Dr Tong today (Tuesday) stressed that unless agencies from different jurisdictions are genuinely committed, ready to cooperate fully and understand each others’ situations, criminals can slip through the net of justice and escape capture.
The ICAC chief pointed out that nowadays corruption had become an increasingly complex crime, making international cooperation and mutual assistance ever more important.
First, corruption is invariably used to facilitate other serious crimes, including terrorist financing, drug and human trafficking, and money laundering which often cut across jurisdictions.
Second, corruption is often committed amongst mutually satisfied parties who all benefit from their corrupt deals, leaving no or few complaints between themselves.
Third, investigations of transnational graft cases may be hindered due to differing legal systems, interpretations and ideologies.
To this end, the ICAC has effectively implemented cooperative arrangements with partnering jurisdictions under the Mutual Legal Assistance in Criminal Matters Ordinance, which might involve the taking of statements, searching of premises and obtaining of evidence from banks and other financial institutions, the Commissioner said.
He added that the standards set down by the United Nations Convention Against Corruption have made it easier for Member States to establish and maintain a legislative regime that allow effectively interactions between different jurisdictions in the invest igation of cross-boundary corruption.
When faced with technical difficulties which were inevitable on some occasions, Dr Tong said: “The ICAC is prepared to go an extra mile through alternative procedures and special arrangements within our legal framework, to track down the transnational criminals and deprive them of their ill gotten gains.”
One of the cases cited by Dr Tong was the one involving a principal official of Macao that the ICAC had provided operational assistance. The corrupt official had been convicted of accepting US$30 million for granting government works projects and sentenc ed to 27 years in jail by the Macao court. Another involved the smooth cooperation between Hong Kong and the organizer of the present conference, the Government of the Philippines.
The delegation of the People’s Republic of China (PRC) to this conference is led by Mr Cao Jianming, Procurator General of the Supreme People’s Procuratorate. The ICAC Commissioner took opportunity of the conference to meet with Mr Cao.
The three-day conference, attended by about 60 procurators general and law enforcement officials of ASEAN countries and regions, will conclude this Thursday (November 13).
Apart from the ICAC Commissioner, the PRC delegation also includes Mr Grenville Cross, Director of Public Prosecutions of the Department of Justice in Hong Kong.