ICAC remains vibrant and unbiased despite pronounced challenge

2012-5-9

The ICAC would continue to vigorously enforce the law across the board and remain vibrant, determined, focused and unbiased in the fight against corruption in a changing world, said ICAC Commissioner Dr Timothy Tong Hin-ming today (Wednesday).

Opening the Fifth ICAC Symposium entitled “ Old Challenge, New Approach –'96 Fighting Corruption in a Changing World ” today, Dr Tong said recent years had seen in Hong Kong a clear shift away from the quid pro quo bribery situations, to a more sinister form of self-generated advantage, created by a public officer using and abusing his public office to obtain a private be nefit.

“There is no shortfall when we deal with quid pro quo bribery. The public demand effective and robust law enforcement and the ICAC can meet the demand,” said Dr Tong.

“However, where differences exist between what is legally enforceable on the one hand, and the high levels of public expectations on the other, the challenge will be the most pronounced,” he added.

The Commissioner assured that so long as it was within the ICAC’s jurisdiction, be it bribery under the statute law or abuse of an official duty amounting to Misconduct in Public Office, the ICAC would pursue the matter with dogged determination, regardless of the time, place or manner in which the alleged offence was committed or the status or positions of the persons involved.

On enforcing the anti-bribery law, Dr Tong noted that the Commission’s investigation charter was under the scrutiny of the independently appointed Operations Review Committee (ORC), which consisted of a wide cross section of professions and monitored the ICAC’s handling of corruption complaints, oversaw all investigations, and sanctioned the closing of any investigation that did not result in a prosecution.

To address public concerns relating to interaction between public officials and members of the business community, the ICAC’s corruption prevention experts stood ready to work with the Administration, said Dr Tong.

“The starting point can be an assessment as to the adequacy of the existing probity framework for Government officials, supplemented by a review of rules and guidelines covering practical issues such as the declaration of conflict of interests”.

Mr Geoffrey Ma Tao-li, Chief Justice of the Court of Final Appeal, addressed the international audience on the legal limits in the battle against corruption.

Other keynote speakers addressing the Symposium this morning were Ms Hu Zejun, Deputy Procurator-General of the Supreme People’s Procuratorate; Mr Giovanni Kessler, Director General, European Anti-Fraud Office, European Commission; and Mr Richard Alderman, Former Director, Serious Fraud Office, United Kingdom.

Meeting the press after the Symposium’s opening, the ICAC Commissioner revealed that a web interview with Mr Michael Sze Cho-cheung, Chairman of the ORC, was released on the ICAC website ( www.icac.org.hk ) today as part of the ICAC’s efforts to enhance the transparency of its work.

The Commissioner also noted that corruption situation in the first four months remained stable, with 1,267 complaints reaching the anti-graft agency, representing a slight increase of four per cent from the same period last year while the number of pursua ble complaints was at a similar level.

Of these, 825 complaints concerned the private sector, 366 complaints related to government departments, while 76 were against public bodies.

Meanwhile, the ICAC had so far received a total of 2,093 complaints in relation to the 2011 District Council Election.

The Symposium, held at the Hong Kong Convention and Exhibition Centre, was attended by over 500 delegates from over 50 jurisdictions and international organisations, including Mainland and Macao, the United States, Canada, the United Kingdom, Australia, G ermany, Switzerland, Nigeria, Malaysia, Singapore, Mongolia, Indonesia, Bangladesh, United Nations, World Bank, European Anti-Fraud Office and the International Association of Anti-Corruption Authorities.

During the three-day Symposium, a total of 28 experts from anti-corruption, law enforcement and regulatory bodies, justice departments, and legal professions from 18 jurisdictions and international organisations will share their expertise.
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