Independent Commission Against Corruption,Hong Kong, ....is itself corrupt?!

Independent Commission Against Corruption,  is itself corrupt?!

CURRENT THREATS
What are the current threats facing the ICAC? I believe there are areas the ICAC must pay attention to.
First, although we have eliminated most overt types of corruption, the conniving nature of corruption with
satisfied customers unwilling to complain remains a constant challenge to us. Secondly, corruption is
becoming more and more difficult to investigate. With advanced technology and global mobility, today’s
criminals have never had it so good, nor could they ever before so easily conceal the evidence of their
crimes and their ill-gotten gains. Thirdly, organized crime has become a real threat and we must not allow its
link to corruption to grow; they would make extremely dangerous allies.
 
VI. AN OVERVIEW
A. Corruption-Free
The Hong Kong experience in building an integrity system for the public sector is essential in the history
of the ICAC. The ICAC in the discharge of its duties has helped keep Hong Kong fair, just, stable and
prosperous.
The US-based Heritage Foundation has rated Hong Kong as the world’s freest economy for 13
consecutive years, most recently in 2007. One of the reasons for awarding this honour to Hong Kong is that
the Heritage Foundation considers Hong Kong “virtually free of corruption”. We would interpret this
complimentary remark to mean that in our region, corruption is very much under control, and that there is
no longer any syndicated corruption in our public sector.
We also believe that our probity culture has contributed to Hong Kong’s sustained development and
economic growth. Over the past 20 years, despite an unprecedented Asian economic crisis, Hong Kong’s
economy grew by an average of 5.1% in real terms, against a world growth of 3.7%.
B. Corruption in the Private Sector
As a law enforcement agency, we will not be complacent about our work. Looking ahead, we see the need
to expend greater efforts to combat private sector corruption, which offences are also covered by the POBO.
Statistics show that corruption reports involving private enterprises have also stabilized in recent years.
However, as Hong Kong has evolved from a manufacturing base to a leading world financial centre, we must
be able to safeguard the integrity of our securities and futures markets. 

C. Corruption Trend
As for the public sector, we are aware that corruption is no longer confined to the traditional quid pro quo
“bribe for favour” type of offences. Corruption in a more subtle form seems to be on the rise, namely
“misconduct in public office” (MIPO).
Misconduct in public office as a common law offence has been in existence since the 18th century. It has
all along been challenged as ill-defined, too wide in scope and lacking clarity. In Hong Kong, the first
prosecution under this offence by the ICAC took place in 1998. To date, 38 public officers have been
prosecuted for MIPO offences related to acceptance of advantage, resulting in 18 convictions so far.
Arising from two landmark cases respectively in 2002 and 2005, the Hong Kong Court of Final Appeal
has come to a clearer definition of MIPO. Five elements are listed to constitute this offence:
 • A public officer;
• In the course of or in relation to his or her public office;
• Without reasonable excuse or justification;
• Willfully misconducts himself or herself, by act or omission, for example, by willfully neglecting or
failing to perform his or her duty; and
• Where such misconduct is serious, not trivial, having regard to the responsibilities of the office and
the officeholder, the importance of the public objects which they serve and the nature and extent of
the departure from responsibilities.
We believe the Hong Kong Court of Final Appeal has come a long way in addressing MIPO offences. The
ICAC will come in as and when there is a MIPO case “connected” with corruption, even if the act of
corruption cannot be proven in the context of POBO provisions. It is of course up to the ICAC and our legal
advisers to prove to the court that there is corruption involved. We will keep watch on the application of the
CFA’s definition of MIPO and re-assess the situation in light of further experience to be gained from actual
operation.
VII. CONCLUSION
The ICAC of Hong Kong is a special force established outside and independent of the Civil Service of the
Hong Kong Special Administrative Region. The Hong Kong Civil Service is faithful and efficient, and they
know their job is to ensure that the people of Hong Kong may freely pursue their social, political and
economic goals, or legitimate objectives as they would determine for themselves. In our view, they can be
relied upon to meet the toughest challenges. Amongst other government agencies, the Hong Kong Police
Force, which was the immediate reason for the birth of the ICAC, will bear testimony to both the strength
and the virtue of the public service. They serve with demonstrated integrity, without fear or favour, and
ICAC colleagues are gratified that over the past three decades, we have contributed to this end.
Ultimately, success in our work rests not with ICAC officials.
The key to success is community support.