Let us strengthen informal assistance in our fight against corruption and transnational crimes, urges ICAC Commissioner

2009-11-24

A network of informal collaborations between law enforcement agencies (LEAs) is an effective supplement to the formal channel of mutual legal assistance in combating corruption and other transnational organised crimes, according to ICAC Commissioner, Dr T imothy Tong Hin-ming.

Addressing the Sixth ASEAN-China Prosecutors General Conference held in Hanoi, Vietnam, Dr Tong today (Tuesday) said that the international community was convinced that corruption must be addressed as an integral ingredient of transnational organised crim es.

While the Mutual Legal Assistance agreements (MLAs) are the formal channel for various jurisdictions to request and provide assistance in criminal matters on an extra-territorial basis, such as extradition of offenders, informal assistance capable of func tioning expeditiously is considered a highly valuable supplement to the regime, Dr Tong pointed out.

Over the last two years, the ICAC had handled 13 MLA requests concerning corruption allegations, and processed over 210 informal assistance requests from over 20 overseas jurisdictions. “The result of informal assistance often formed the basis of prosecutions instituted in Hong Kong or elsewhere,” the ICAC Commissioner said.

Through an informal but organised arrangement, agencies may cooperate on a wide range of activities including identifying and interviewing witnesses, locating and checking of businesses, examination of property ownership and immigration records, the resul ts of which might help form the basis of prosecutions in various jurisdictions.

To optimise the informal network of co-operation, Dr Tong suggested that without compromising the need for confidentiality, LEAs should provide on their websites clear information on the procedures for other jurisdictions to request informal assistance in criminal investigations.

He also proposed that LEAs deploy professional investigators instead of pure liaison officers to man contact points to ensure the effective functioning of the informal network. It was particularly important for investigations into cross-boundary crimes w hich required prompt assistance because of the high mobility of suspects and proceeds.

The Commissioner also encouraged LEAs to maintain an active dialogue amongst government agencies worldwide on their strategies and experiences in tackling corruption, and cited the ICAC International Anti-Corruption Newsletter on-line as an effective plat form.

The ICAC Commissioner heads a small team of ICAC graft-fighters to attend the Sixth China-ASEAN Prosecutors General Conference as part of the delegation of the People’s Republic of China led by Mr Cao Jianming, Procurator General of the Supreme People’s Procuratorate. Secretary for Justice Mr Wong Yan-lung is also part of the delegation.

The three-day conference, attended by about 200 procurators general and law enforcement officials of ASEAN countries and regions, will conclude this Thursday (November 26).
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