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Fighting Corruption -Hong Kong ExperienceBy Mrs. Jean Au YeungAssistant Director of Corruption PreventionIndependent Commission Against CorruptionHong Kong
Outline The Bad Old Days The Birth of ICAC Factors for Success What Have We Achieved New Challenges Way Ahead
Public Outragea senior police officers escape led to a public outcryCommission of Inquiry appointed and recommendation made for an -Independent organizationto fight corruption
The Birth of ICAC15 February 1974
Three-Pronged Attack
CommissionerICAC Establishment and ResourcesCorruption Prevention DepartmentOperationsDepartmentCommunity Relations DepartmentTotal no. of staff : 1,314Annual Expenditure: US$ 90 M
Operations Department- investigate corruption offencesCorruption Prevention Department- plug corruption loopholes in practices and proceduresCommunity Relations Department- educate the public and enlist support
Factors for Successgovernment determinationstrong legislationpublic supporta dedicated and professional agencychecks and balancesinternational co-operation
Government DeterminationTop level commitmentBacked by adequate resourcesCommissions Independence guaranteed
Strong Legislationa sound legal frameworkauthority to :investigate corruption and election offencesexamine practices and procedures in the public sector and secure revision of work methodseducate the public
Strong Legislationgift, loan, fee, reward or commissionemployment or contractpayment, release or discharge of loan, or liabilityservice or favour (except entertainment)the exercise of any right or powerDefinition of Advantage
Strong Legislationdeal with general acceptance of advantages by government officersAcceptance of Advantages (Chief Executives Permission) NoticePrevention of Bribery OrdinanceSection 3
Strong Legislationdeal with general acceptance of advantages by public officers in connection with official dutiesPrevention of Bribery OrdinanceSection 4
Strong LegislationA potent weapon requiring a government officer to explain to the court if he possesses excessive assets not commensurate with his official incomePrevention of Bribery OrdinanceSection 10
Strong Legislationdeal with private sector corruptiondeal with principal / agent relationshipsPrevention of Bribery OrdinanceSection 9
Public SupportCommunity support (1999 survey - 99% support ICAC)specific educational programmes for various sectors of the community8 regional offices to reach local residentsmass media publicity
Checks and Balancesprosecution authority rests with the Secretary for Justiceindependent judiciarymonitoring by legislaturefour advisory committees chaired by non-official membersICAC Complaints Committeefree press
International Co-operationprovide efficient and effective liaison channelsenable multi-lateral exchanges of legal and investigative assistance
A Cultural Changea quiet revolution in public attitude: from tolerance to rejectionin the 1999 survey :more than 66 % willing to report corruptionmore than 99% support ICACmore than 75% willing to identify themselves in reporting corruption
A Cleaner Public Service Corruption ReportsOther sectorsGovernment Departments
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A Vigilant Business SectorBusiness organizations accept corruption prevention as good governanceLevel playing field
New Challengessignificant economic, social and political developmentssignificant technological developmentsrising public expectation of ICAC effectiveness, transparency and accountability
Our ResponsesA Fresh StrategyIncreased Co-operation with Mainland AuthoritiesInternational Co-operation
proactive approachA Fresh StrategyOperations Frontstrengthen intelligence collection and analysis capabilityapplication of information and accounting technologysetting up a Financial Investigation Section and a Computer Forensics and IT Research and Development Sectionsco-ordinated use of informants and undercover agents
quick follow-up of Operations Departments investigationspartnership with departments and public organizationshot-line service for private sector companiestarget approach - roll-over programme for trade / industrybest practices packagesA Fresh StrategyCorruption Prevention Front
keeping corruption an issue of public concernenlisting community supporttarget-based approach in educational effortsA Fresh StrategyEducation Front
cross-border corruption a concernincreased co-operation with Mainland law enforcement agenciesMutual Case Assistance Schemea Legal Guide for Investors in Guangdong and Hong KongMainland Liaison
develop and maintain strong working relationship with overseas law enforcement agenciesenactment of the Mutual Legal Assistance in Criminal Matters Ordinanceset up International Assistance SectionInternational Co-operation
We are prepared to meet the challenges in the new millennium.
Welcome to visit ICAC Websitewww.icac.org.hk