Recently, I was asked by the media what was the biggest achievement Hong Kong had made in anti-corruption in the past four decades. My answer was: the fundamental change to the community’s culture and attitude towards corruption. Hong Kong has been tackling corruption with a holistic approach, combining enforcement, prevention and education. Alongside vigorous enforcement actions, we had put in place system and rules to eliminate corruption loopholes as well as reaching out to the community to change the public’s attitude from meek tolerance to rejection and to engagement in the graft fight. The latest ICAC Annual Survey shows that today we have a clean society and people from different walks of life demonstrate zero tolerance of corruption, in stark contrast to the “bad old days” when Hong Kong was plagued by corruption.

Despite a slight drop in the ranking accorded by individual international rating agencies possibly due to the extensive media coverage on some corruption cases involving senior officials or business leaders, Hong Kong is still ranked amongst the cleanest places in the world. The 2015 Index of Economic Freedom recently released by the Heritage Foundation stated that “Hong Kong continues to enjoy relatively low rates of corruption”. In another survey, the “Trace Matrix” conducted by internationally renowned research agency RAND Corporation in 2014 to assess global corruption risks, Hong Kong was ranked the 4th least corrupt place in 197 economies around the world and came first in Asia. In fact, judging from data and information available, we believe that the actual probity situation of Hong Kong has not deteriorated, and our society thrives on an entrenched culture of probity and integrity system. Those corruption cases involving senior officials and celebrities, though widely reported, were only isolated incidents.

According to the ICAC Annual Survey 2014, only 1.5% of the respondents had actually come across corruption in the past 12 months and the public’s tolerance against corruption remained very low with a mean score of 1.0 (with 0 representing total rejection and 10 representing total acceptance). Moreover, 96.9% of the respondents supported the work of the ICAC.

ICAC prosecution and conviction figures in 2014 speak loudly for the deterrent impact of the Commission’s vigorous law enforcement efforts. Despite an 11% decrease in the number of corruption complaints over 2013, more people were prosecuted last year while the person-based conviction rate increased year on year by seven percentage point to 85%, hitting a 10-year high in 2014. The total length of sentence exceeding three years’ imprisonment had more than doubled, increasing from 375 to 770 months. It showed that the ICAC had its enforcement work enhanced both qualitatively and quantitatively while the heavy sentences handed down by the courts also intensified the deterrent effect of anti-corruption efforts.

In December last year, the corruption case involving a former Chief Secretary for Administration and prominent businessmen concluded after 133 days of hearing at the Court of First Instance of the High Court. Four defendants were found guilty by a jury and sentenced by the Court to jail terms ranging from five to seven and a half year’s imprisonment. This case not only affirmed the efficacy of the anti-graft system in Hong Kong, but also proved that the ICAC impartially conducted its investigations without fear or favour, regardless of the background and the identities of the persons involved. In sentencing, Mr Justice Andrew Macrae said, “It is very common to criticise a law enforcement authority for its handling of a long and difficult prosecution. This one has been second to none, in my experience of practising the law in Hong Kong for over 32 years, in its painstaking investigation, preparation and attention to detail. It has been thoroughly and sensitively undertaken, and it is right that I should acknowledge a particular debt that is owed in this case by the people of Hong Kong for the way the ICAC and the prosecution have conducted themselves.”

Rising to challenges

While we are encouraged by the court’s recognition, the ICAC nevertheless faces tremendous challenges in conducting its law enforcement work.

Firstly, corruption is an insidious crime and has become increasingly so. With advanced technologies, the modus operandi of criminals are increasingly sophisticated and ever-changing, posing huge challenges to investigative work. As some investigation methods were exposed during court trials, offenders might become more alert. Hence it is imperative for the Commission to constantly explore new investigation techniques in order to outsmart the criminals.

Moreover, criminals now conduct their corrupt transactions through more indirect and intricate methods, e.g., through overseas bank remittances or under the disguise of business activities of companies in different jurisdictions. In tracking the flow of bribes and corrupt activities, the ICAC needs to overcome many hurdles which may involve gathering of evidence in overseas countries and seeking assistance from other governments, making our investigations much more difficult and time consuming.

While dealing with cases involving listed companies, we often come across very complicated financial data which may result in prolonged investigations that required the professional expertise from our Forensic Accountants and Computer Forensics Sections in examining accounts and analysing business and financial transactions.

Sometimes, these specialist officers may need to testify in court as expert witnesses. In 2014, the Forensic Accounting Group conducted examination of 94 cases involving hundreds of companies in connection with transactions of an aggregate sum of approximately $7.7 billion. Moreover, the Computer Forensics Section took part in 157 operations and processed 151 terabytes of data stored in seized digital devices.

In view of the increasingly sophisticated, secretive and intricate nature of corruption crimes, the ICAC will continue to enhance the capabilities of our investigative arm through professional training and strengthen case management support by developing a new generation of information technology system.

Proactive approach in corruption prevention

Apart from law enforcement, our corruption prevention work also faces new challenges that call for a proactive and synchronic approach. In recent years, corruption complaints relating to the private sector accounted two-thirds of the total complaints. In light of this trend, the Corruption Prevention Department (CPD) in 2014 had produced corruption prevention packages for employees involved in the procurement function and the construction industry to raise awareness in the profession. CPD will continue to assist major trades and industries, including catering and retailing industries, to develop corruption prevention guides in the coming year.

To address public concern over the integrity of public officials arising from some recent cases or allegations of corruption or misconduct involving government officers, CPD has introduced a Sample Guide on Conduct and Discipline for staff of government bureaux and updated a similar guide for departments. CPD maintains close contact with the Government and stands ready to provide further assistance. The department has also issued a Sample Code of Conduct for public bodies to help members of public bodies live up to public expectation in their conduct.

Meanwhile, a Best Practice Checklist will be produced this year to provide guidelines on integrity requirements for the business sector when dealing with public officials, and remind them of devising necessary corruption prevention measures. CPD would also collaborate with the Hong Kong Council of Social Service and its 400 non-governmental organisations to assist welfare organisations to further enhance their corporate governance and internal controls.

Reaching out to sustain a probity culture

In order to sustain and entrench a probity culture in the community, the ICAC must continue to reach out to the community to disseminate anti-corruption messages. In 2014, over 680,000 citizens and about 2,500 organisations at the district level were reached.

The year 2015 marks the beginning of a new election cycle. The District Council election to be held later this year, the 2016 Legislative Council elections and the 2017 Chief Executive election are all important public elections that draw public concerns. The Community Relations Department (CRD) will launch a comprehensive educational and publicity programme prior to each of the election. Meanwhile, CPD will render corruption prevention advice to government bureaux and departments responsible for managing these public elections.

Last year, CRD provided “face-to-face training” to over 23,000 civil servants, conducted briefing sessions for principal officials and politically appointed officials, and organised seminars in partnership with Civil Service Bureau to enhance ethical management and raise civil servants’ awareness of misconduct in public office. An ethical management self-learning website for civil servants will be launched later this year.

This year also sees the 20th Anniversary of the ICAC’s Hong Kong Ethics Development Centre (HKEDC), which has been partnering with business chambers in promoting business ethics. In 2014, CRD provided integrity training to over 40,000 members of the business community under the arrangement of HKEDC. The Centre will further expand its network with the business community and extend its services in the promotion of business ethics.

A recent ICAC case revealed that a person who had immigrated to Hong Kong for several years had attempted to bribe a driving examiner with $500 cash while taking a driving test. The examiner had refused the offer and reported the incident. Although the amount of bribe was relatively small, the court had sentenced the defendant to two months’ imprisonment as a deterrent. People working or living in the territory must abide by the laws of Hong Kong regardless of the length of residence or differences in ethnicity, nationality and culture. The ICAC will continue to strengthen its preventive education for new arrivals and ethnic minorities in Hong Kong to ensure that they understand the anti-corruption laws and the probity culture of Hong Kong.

New generation embraces probity value

Recently, I was invited to attend a sharing session with over 1,000 students at Chung Chi College of the Chinese University of Hong Kong. The students showed great enthusiasm over the integrity of public officials and other corruption-related issues, igniting vigorous discussions. I was deeply impressed by their passion in pursuing the value of probity. Though not yet engaged in work, they already showed an abhorrence for corruption.

In fact, the ICAC has spared no efforts in probity education which spans from kindergarten to tertiary level. We will continue to launch a wide range of educational activities to spread the integrity messages to different age groups in the coming year, including the “Gee-dor-dor”cartoon teaching activities; about 300 shows of the ICAC Interactive Drama in secondary schools to promote the values of honesty and integrity; and campus integrity programmes run by over 120 “ICAC Ambassadors” newly recruited from 16 universities and higher education institutions.

To communicate the probity messages more effectively to young people, we make more extensive use of the new media, online platforms and social media. In 2014, the major websites and online platforms of the ICAC registered a total of 4.4 million visits. As at January this year, we have uploaded nearly 1,000 video clips to the ICAC Channel on YouTube with over 2.28 million views. Following the release of the smartphone app and anti-corruption game app, the ICAC has also launched the “ICAC eBooks” tablet app which stores 130 ICAC e-publications, including the “Blair-Kerr Report” which resulted in the establishment of the ICAC, past ICAC Annual Reports as well as comic books with integrity messages for youths.

A valuable “Hong Kong Brand”

In early February this year, we had the honour of having former Assistant Director Dr. Anthony Francis NEOH, SC, as the guest speaker at a sharing session with ICAC staff. While noting that the ICAC had valuable anti-graft experience that other places could learn, he believed the Commission represented a “Hong Kong Brand” which might even be more valuable than some renowned commercial brands. He also encouraged ICAC officers to stay steadfast and persevere in fighting corruption despite the many challenges encountered in the past two to three years. By doing this, the ICAC would continue to have the staunch support from the public.

As the ICAC strides into the next 40 years, we have enhanced our internal governance, with our internal control system of monitoring the use of public funds further strengthened and the establishment of an “Internal Audit Unit”.

In May, the ICAC will host the 6th ICAC Symposium under the theme of “A Future Without Corruption – One Vision, Multiple Strategies”. The Symposium will provide a platform for participants from across the globe to exchange and learn from each other the latest strategies and tactics to fight corruption, and to share their wealth of experience and expertise. At the same time, our officers would also seize this opportunity to widen their experience and better equip themselves for more severe challenges ahead. The heads of several international rating agencies have also been invited as guest speakers at the Symposium. Apart from mutual exchanges, they can also see for themselves Hong Kong’s actual probity situation which could help them make an assessment not solely based on perception.

A clean future for our next generation

The ICAC was established in the 1970s in response to strong public demands. Today, public support remains the key to the continued success of the fight against corruption. As hard won as it is, our corruption-free society is a “vital but intangible asset” which we must all treasure. No matter what occupation you are in, we must say “No” to corruption with determination and do the right thing when graft is encountered, that is reporting corruption immediately. Let us work together to build a clean future for ourselves and for our next generation.