Agencies must cooperate beyond formal agreements in battling corruption, ICAC Commissioner urges
2010-11-4
Agencies around the world must reach out to each other beyond the ambit of formal agreements in battling corruption and combating criminals who exhaust all avenues to evade the course of justice and conceal their ill-gotten gains.
ICAC Commissioner Dr Timothy Tong Hin-ming made the appeal yesterday (Wednesday) when addressing the Fourth Annual Conference and General Meeting of the International Association of Anti-Corruption Authorities (IAACA) held in Macao.
Dr Tong noted that the United Nations Convention Against Corruption (UNCAC) provided a solid basis for international cooperation in various aspects including extradition, mutual legal assistance (MLA), law enforcement cooperation and joint investigations.
“The ICAC firmly believes that the MLA network must be augmented by the use of informal channels in order to achieve the desired results. The merits of MLA and cooperation between law enforcement partners are mutually supplementary,” said Dr Tong.
While 38 fugitives have been returned to Hong Kong with the assistance from various law enforcement counterparts since its inception, the ICAC also encountered difficulties in getting external assistance due to the absence of bilateral agreements, offence s not extraditable and other procedural and legal hurdles.
The Commissioner said law enforcement agencies should not be restrained by the MLA framework, but had to identify ways and means to assist each other, such as conducting joint investigations.
The joint investigation into the corrupt activities of a former principal official of Macao was cited as an example of cross-boundary collaboration between the Macao Commission Against Corruption and the ICAC in the absence of a formal MLA as the two plac es operate under the principle of One Country, Two Systems.
Dr Tong also called for cross training of anti-corruption personnel amongst jurisdictions, not only to comply with UNCAC provisions but also as capacity building to further facilitate cooperation and rapport between law enforcement agencies worldwide.
During the four-day Conference, which opened on Tuesday (November 2), Dr Tong also met with Mr Jia Chunwang, IAACA President and former Prosecutor General of the Supreme People’s Procuratorate (SPP), and Professor Cao Jianming, SPP’s Procurator General.
ICAC’s Director of Investigation (Private Sector) Rebecca Li Bo-lan will address the workshop “Joint Investigations and Special Investigative Techniques” today (Thursday).
The ICAC delegation also comprises directorate and senior officers from its three departments, including Deputy Commissioner and Head of Operations, Mr Daniel Li Ming-chak; Director of Investigation (Government Sector), Mr Ryan Wong Sai-chiu; Director of Community Relations, Ms Julie Mu Fee-man; and Acting Director of Corruption Prevention, Mr Raymond Ng Kwok-ming.
The IAACA is an independent organisation set up to promote the effective implementation of the UNCAC and to strengthen international cooperation in fighting and preventing corruption. It comprises members from anti-corruption agencies and non-governmental organisations worldwide. Hong Kong’s ICAC joined the IAACA as an organisational member in 2007.
The IAACA Conference is being attended by over 700 delegates from more than 140 jurisdictions and 10 international organizations.
ICAC Commissioner Dr Timothy Tong Hin-ming made the appeal yesterday (Wednesday) when addressing the Fourth Annual Conference and General Meeting of the International Association of Anti-Corruption Authorities (IAACA) held in Macao.
Dr Tong noted that the United Nations Convention Against Corruption (UNCAC) provided a solid basis for international cooperation in various aspects including extradition, mutual legal assistance (MLA), law enforcement cooperation and joint investigations.
“The ICAC firmly believes that the MLA network must be augmented by the use of informal channels in order to achieve the desired results. The merits of MLA and cooperation between law enforcement partners are mutually supplementary,” said Dr Tong.
While 38 fugitives have been returned to Hong Kong with the assistance from various law enforcement counterparts since its inception, the ICAC also encountered difficulties in getting external assistance due to the absence of bilateral agreements, offence s not extraditable and other procedural and legal hurdles.
The Commissioner said law enforcement agencies should not be restrained by the MLA framework, but had to identify ways and means to assist each other, such as conducting joint investigations.
The joint investigation into the corrupt activities of a former principal official of Macao was cited as an example of cross-boundary collaboration between the Macao Commission Against Corruption and the ICAC in the absence of a formal MLA as the two plac es operate under the principle of One Country, Two Systems.
Dr Tong also called for cross training of anti-corruption personnel amongst jurisdictions, not only to comply with UNCAC provisions but also as capacity building to further facilitate cooperation and rapport between law enforcement agencies worldwide.
During the four-day Conference, which opened on Tuesday (November 2), Dr Tong also met with Mr Jia Chunwang, IAACA President and former Prosecutor General of the Supreme People’s Procuratorate (SPP), and Professor Cao Jianming, SPP’s Procurator General.
ICAC’s Director of Investigation (Private Sector) Rebecca Li Bo-lan will address the workshop “Joint Investigations and Special Investigative Techniques” today (Thursday).
The ICAC delegation also comprises directorate and senior officers from its three departments, including Deputy Commissioner and Head of Operations, Mr Daniel Li Ming-chak; Director of Investigation (Government Sector), Mr Ryan Wong Sai-chiu; Director of Community Relations, Ms Julie Mu Fee-man; and Acting Director of Corruption Prevention, Mr Raymond Ng Kwok-ming.
The IAACA is an independent organisation set up to promote the effective implementation of the UNCAC and to strengthen international cooperation in fighting and preventing corruption. It comprises members from anti-corruption agencies and non-governmental organisations worldwide. Hong Kong’s ICAC joined the IAACA as an organisational member in 2007.
The IAACA Conference is being attended by over 700 delegates from more than 140 jurisdictions and 10 international organizations.