Fighting Corruption - Hong Kong Experience By Mrs. Jean Au Yeung Assistant Director of Corruption Prevention Independent Commission Against Corruption Hong Kong

Outline The Bad Old Days The Birth of ICAC Factors for Success What Have We Achieved New Challenges Way Ahead

Public Outrage a senior police officer’s escape led to a public outcry Commission of Inquiry appointed and recommendation made for an - Independent organization to fight corruption

The Birth of ICAC 15 February 1974

Three-Pronged Attack

Commissioner ICAC Establishment and Resources Corruption Prevention Department Operations Department Community Relations Department Total no. of staff : 1,314 Annual Expenditure: US$ 90 M

Operations Department - investigate corruption offences Corruption Prevention Department - plug corruption loopholes in practices and procedures Community Relations Department - educate the public and enlist support

Factors for Success government determination strong legislation public support a dedicated and professional agency checks and balances international co-operation

Government Determination Top level commitment Backed by adequate resources Commission’s Independence guaranteed

Strong Legislation a sound legal framework authority to :  investigate corruption and election offences  examine practices and procedures in the public sector and secure revision of work methods  educate the public

Strong Legislation gift, loan, fee, reward or commission employment or contract payment, release or discharge of loan, or liability service or favour (except entertainment) the exercise of any right or power Definition of Advantage

Strong Legislation deal with general acceptance of advantages by government officers Acceptance of Advantages (Chief Executive’s Permission) Notice Prevention of Bribery Ordinance Section 3

Strong Legislation deal with general acceptance of advantages by public officers in connection with official duties Prevention of Bribery Ordinance Section 4

Strong Legislation A potent weapon requiring a government officer to explain to the court if he possesses excessive assets not commensurate with his official income Prevention of Bribery Ordinance Section 10

Strong Legislation deal with private sector corruption deal with principal / agent relationships Prevention of Bribery Ordinance Section 9

Public Support Community support (1999 survey - 99% support ICAC) specific educational programmes for various sectors of the community 8 regional offices to reach local residents mass media publicity

Checks and Balances prosecution authority rests with the Secretary for Justice independent judiciary monitoring by legislature four advisory committees chaired by non-official members ICAC Complaints Committee free press

International Co-operation provide efficient and effective liaison channels enable multi-lateral exchanges of legal and investigative assistance

A Cultural Change a quiet revolution in public attitude: from tolerance to rejection in the 1999 survey :  more than 66 % willing to report corruption  more than 99% support ICAC  more than 75% willing to identify themselves in reporting corruption

A Cleaner Public Service Corruption Reports Other sectors Government Departments

A Vigilant Business Sector Business organizations accept corruption prevention as good governance Level playing field

New Challenges significant economic, social and political developments significant technological developments rising public expectation of ICAC effectiveness, transparency and accountability

Our Responses A Fresh Strategy Increased Co-operation with Mainland Authorities International Co-operation

proactive approach A Fresh Strategy Operations Front  strengthen intelligence collection and analysis capability application of information and accounting technology  setting up a Financial Investigation Section and a Computer Forensics and IT Research and Development Sections co-ordinated use of informants and undercover agents

quick follow-up of Operations Department’s investigations partnership with departments and public organizations hot-line service for private sector companies target approach - roll-over programme for trade / industry best practices packages A Fresh Strategy Corruption Prevention Front

keeping corruption an issue of public concern enlisting community support target-based approach in educational efforts A Fresh Strategy Education Front

cross-border corruption a concern increased co-operation with Mainland law enforcement agencies Mutual Case Assistance Scheme a Legal Guide for Investors in Guangdong and Hong Kong Mainland Liaison

develop and maintain strong working relationship with overseas law enforcement agencies enactment of the Mutual Legal Assistance in Criminal Matters Ordinance set up International Assistance Section International Co-operation

We are prepared to meet the challenges in the new millennium.

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