International Forum on Anti-Corruption Best Practices 3 September 2013 Seoul, Republic of Korea Partnership Against Corruption – the Hong Kong Experience International Forum on Anti-Corruption Best Practices 3 September 2013 Seoul, Republic of Korea Partnership Against Corruption – the Hong Kong Experience Mr Ricky YAU Shu-chun Acting Director of Investigation (Private Sector) Independent Commission Against Corruption Hong Kong, China

Section 5 of ICAC Ordinance Commissioner not to be subject to the direction or control of any person other than the Chief Executive Basic Law Article 57 The Commission shall function independently and be accountable to the Chief Executive Independence of ICAC

“Corruption is a particularly insidious evil in society … Society itself suffers, as the fabric of law and order gets eaten away” Court of Appeal R v Ming Pao Newspaper Ltd (1995)

“The prevention and eradication of corruption is a responsibility of all States and that they must cooperate with one another, with the support and involvement of individuals and groups outside the public sector, such as civil society, non-governmental organizations and community-based organizations, if their efforts in this area are to be effective” UNCAC Preamble International Recognition for Partnership

The guiding philosophy - “the main task..would be, rather than relying upon enforcement action alone, in educating the public as to the evils of corruption not only from the point of view of the recipient but also from that of the giver. It will also critically examine administrative procedures which lend themselves to corrupt practices.” The Hong Kong Experience

Law Enforcement Prevention Education Three Pronged Approach

Enforcement

Operational Liaison Groups with other law enforcement agencies (Police, Customs and Excise, Fire Services, Correctional Services and Immigration) Liaison collaboration with regulatory, professional bodies, business etc

Police detective jailed for perversion, forgery, deception, and making false report to ICAC Insurance agents convicted of accepting bribes and using bogus insurance policies to deceive their employer Securities firm employees convicted of accepting illegal commission from clients to trade in derivative warrants

Mass and new media Collaboration with government departments through preventive education programmes and seminars Reach-out efforts to the business sector Anti-corruption work in building management Education

Set up in 1995 Under auspices of Community Relation Department Guided by an advisory committee comprising representatives of six leading chambers of commerce in Hong Kong Hong Kong Ethics Development Centre

The Mission “Together with the business community, we strive to promote business and professional ethics on a long- term basis to sustain a level-playing field in Hong Kong.”

Full range of consultancy services which are client-focused Integrity management programme for estate agency trade Practical legal guide for small-medium enterprises

Prevention is better than cure Partnership with government departments, public bodies and businesses to jointly identify corruption-prone areas and map out strategies Prevention

Assignment studies for government department and public bodies Free and tailor-made consultation services to the private sector – Advisory Services Group Best Practice Modules Follow-up action and review

Identifiable complainants – over 70% Positive indicators in ICAC annual survey International recognition – TI’s Corruption Perception Index etc Does the ICAC model work

‘Hong Kong - Our Advantage is always You and the ICAC’