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The Independent Commission Against Corruption (ICAC) is a dedicated anti-corruption
agency independent of the Civil Service. Its Commissioner is directly accountable
to the Chief Executive of the HKSAR.
During the year, the ICAC continued to keep corruption effectively
in check through its three-pronged strategy of investigation, prevention
and community education.
The agency has continued to win international recognition.
For example, at an international anti-corruption conference held in Hong
Kong in January, the Secretary General of Interpol, Mr Ronald Noble, lauded
Hong Kong as 'the anti-corruption capital' of the world and the ICAC as
'the No. 1 anti-corruption agency'.
A World Bank publication on fighting corruption in East
Asia launched during the year also commended Hong Kong's comprehensive
approach in tackling corruption in both the public and private sectors
as well as its partnership with the private sector in weeding out graft.
In April, Hong Kong joined the Anti-Corruption Action Plan
for Asia-Pacific jointly launched by the Asian Development Bank (ADB)
and the Organisation for Economic Cooperation and Development (OECD),
signifying the Government's long-term commitment to the anti-corruption
cause.
An annual survey conducted by an independent research company
in 2003 showed that the ICAC continued to enjoy a high degree of public
confidence as an overwhelming 99 per cent of respondents expressed support
for the anti-graft body.
In 2003, the ICAC received 4 310 corruption reports (excluding
election-related complaints), a slight drop of 1 per cent over the previous
year. Of these, 1 541 were made against government departments, down from 1
638 in 2002. There were 2 472 and 297 reports concerning
the private sector and public bodies respectively, compared with 2 403
and 330 in 2002. Pursuable reports accounted for 76 per cent of all corruption
reports.
A total of 711 election-related reports were received
during the year, 666 of which were pursuable. They included 564 reports
relating to the District Council Election and 132 about the Village Representative
Election, which came under the regulation of the Elections (Corrupt and
Illegal Conduct) Ordinance for the first time.
In 2003, the Operations Department — the ICAC's
investigative arm — continued to pursue a proactive strategy in
unearthing corruption cases, rendering corruption a high-risk crime. It
maintained close ties with disciplined services through Operational Liaison
Groups. Liaison channels were also established with government departments,
regulatory bodies and key industries for making joint efforts against
corruption.
Major cases detected during the year included corruption-facilitated
letter of credit frauds, investment and bank frauds, contract and tendering
malpractices, fraudulent insurance claims and money laundering. There
were also corruption allegations involving civil servants and misconduct
in public office.
The number of corruption reports remained at a high
level. At year-end, the Operations Department's case-load stood at 1 896
(including 435 investigations on election-related cases). A growing number
of these cases featured a more sophisticated and complex modus operandi.
During the year, 421 persons were prosecuted and 113 cautioned in accordance
with the advice of the Department of Justice.
The Corruption Prevention Department examines the
practices and procedures of government departments and public bodies to
identify corruption loopholes, and recommends measures to reduce opportunities
for malpractice.
During the year, the department completed 101 detailed
studies into corruption prone areas such as public procurement and outsourcing,
law enforcement, contract administration, licensing and registration systems,
public works and management of public funding schemes.
Priority of work was given to cases investigated by
the Operations Department, corrupt practices commonly found in corruption
complaints as well as corruption prone areas identified through established
liaison with client departments.
The department continued to provide expeditious corruption
prevention advice to government departments and public bodies in the formulation
of new legislation, policies or procedures. During the year, the department
undertook such consultation work on 294 occasions. Government departments
were more ready to initiate corruption prevention studies and seek quick
assistance from the department over their new work programmes and revised
systems.
To promote good governance and management in the private
sector, the Advisory Services Group of the department provided free, confidential
and tailor-made corruption prevention advice to private organisations
on 336 occasions.
In an effort to strengthen the corruption prevention
capability of public and private sector organisations, the department
continued to produce Best Practice Modules to provide guidance on ways
to minimise corruption opportunities in common problem areas such as procurement,
contract administration, staff management, outsourcing and construction.
Seminars and workshops were arranged to promote best practices among these
organisations.
The Community Relations Department is tasked to educate
the public against the evils of corruption and enlist the community's
support in the fight against it. The department's work objectives are
achieved mainly through the use of the mass media and direct liaison with
various quarters of the community.
Maintaining a clean civil service remained a top priority
for the department. It joined forces with the Civil Service Bureau to
assist government departments in implementing the civil service integrity
management programme with a view to building up an ethical culture. During
the year, the department provided corruption prevention training for about
17 300 civil servants from 38 departments.
To enhance Hong Kong's competitiveness in tourism,
an ethics promotion programme for the industry was launched jointly with
six related organisations, with a trade-wide conference held for practitioners
and training talks conducted for around 5 000 tourist guides. In addition,
a practical guide on ethical management for managers and a self-learning
training package for front-line employees were also produced.
Youth education remained a priority area in the work
programme of the department. Positive values were promoted among young
people through the mass media, the Internet, interactive drama performance
and family-based programmes and activities. In 2003, a combined youth
summit and study programme entitled 'Corporate Governance for the New
Generation' project was organised, attracting hundreds of tertiary students
from Singapore, the Mainland, Macau and Hong Kong.
During the year, education campaigns were launched
to promote clean elections for the Village Representative, Rural Committee,
Heung Yee Kuk and District Council elections. Apart from conducting 44
briefing sessions to help candidates, election agents and helpers understand
the provisions of the Elections (Corrupt and Illegal Conduct) Ordinance,
a 24-hour election hotline was also set up to handle related enquiries.
In addition, a series of 66 roving exhibitions, a poster campaign and
information booklets were also launched to promote the 'Clean Elections'
message.
In media publicity, the department produced a 10-part
TV spot series to raise the transparency of its work. Another six-episode
series to recount Hong Kong's anti-graft history through the numerous
TV commercials produced since the ICAC's inception was broadcast on the
infotainment channel on buses.
The ICAC maintains regular operational liaison with
other overseas law enforcement agencies. During the year, it received
279 visitors from law enforcement agencies and other organisations from
various countries.
The ICAC and Interpol joined hands to host a three-day
international anti-corruption conference, entitled 'Partnership Against
Corruption', in Hong Kong in January. The conference was attended by more
than 500 local, Mainland and overseas delegates from 61 jurisdictions
and eight international organisations. ICAC officers also attended overseas
conferences and forums including the 11th International Anti-Corruption
Conference and the 3rd Global Forum on 'Fighting Corruption and Safeguarding
Integrity', both held in Seoul. With Hong Kong having endorsed in April
the ADB/OECD Anti-Corruption Action Plan for Asia-Pacific, the ICAC's
Commissioner and the Director of Administration attended the Steering
Group meeting of the Action Plan in Kuala Lumpur in December, to report
on Hong Kong's anti-corruption initiatives.
Cooperation between the ICAC and the Mainland anti-corruption
authorities has become increasingly important with growing social and
economic ties between Hong Kong and the Mainland.
The Mutual Case Assistance Scheme established to enable
the ICAC and the Mainland procuratorate authorities to assist each other
in interviewing voluntary witnesses in connection with corruption investigations
continued to operate efficiently. Under the scheme, ICAC investigators
visited the Mainland on 25 occasions to meet witnesses willing to assist
in investigations while Mainland officers visited Hong Kong for the same
purpose on 47 occasions during the year.
The operation of the ICAC is subject to a stringent
system of checks and balances.
Apart from judicial supervision, the commission's
work is scrutinised by four advisory committees — the Advisory Committee
on Corruption, the Operations Review Committee, the Corruption Prevention
Advisory Committee and the Citizens Advisory Committee on Community Relations.
An independent ICAC Complaints Committee, which comprises
members of the Legislative Council and other prominent citizens, monitors
the handling of non-criminal complaints against the ICAC and its officers. |
