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Rule of Law, Anti-Corruption Work and Independent Judiciary

Rule of Law, Anti-Corruption Work and Independent Judiciary. Presented by Mr Simon YL PEH Commissioner I ndependent C ommission A gainst C orruption H ong K ong S pecial A dministrative R egion, China. Rule of Law in Hong Kong. a credible legal and judicial system.

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Rule of Law, Anti-Corruption Work and Independent Judiciary

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  1. Rule of Law, Anti-Corruption Work and Independent Judiciary Presented by Mr Simon YL PEHCommissioner Independent Commission Against Corruption Hong Kong Special Administrative Region, China

  2. Rule of Law in Hong Kong • a credible legal and judicial system ICAC conducts investigation Department of Justice advises on prosecution

  3. Rule of Law in Hong Kong • justice administered by unbiased judges • the courts to be independent of the Government Executive arm

  4. Rule of Law in Hong Kong • Hong Kong has retained its common law system in accordance with the Basic Law after 1997

  5. Rule of Law in Hong Kong • cornerstone of Kong Kong’s success as a leading international commercial and financial centre • providing a secure environment for individuals and organisations and a level playing field for businesses

  6. The Judiciary in Hong Kong • an independent and effective judicial system • judicial independence is guaranteed on a constitutional level • open and transparent

  7. The Judiciary in Hong Kong 2012-13 Rule of Law Index Scores and Rankings *where 1 signifies the highest score and 0 signifies the lowest score. • The absence of judicial staff abusing their public office for private gain is a measuring sub-factor

  8. The Judiciary in Hong Kong Judicial Independence • Hong Kong ranked 4th out of 148 economies in the indicator of Judicial Independence World Economic Forum’s2013 Global Competitiveness Index

  9. The Judiciary in Hong Kong Judicial Independence • corruption complaints against the Judiciary are few and seldom involve judges • most allegations against judges were about their judicial decision in civil cases • all complaints against judges are handled by Chief Justice

  10. Corruption Situation in HK • significant drop in corruption complaints in first 10 months of 2013 • public concern about corruption situation • corruption remains well-under control • cases of public-private collusion are very rare

  11. Corruption Situation in HK Probity Efforts Prevention Publicity Education

  12. background  status  position  Corruption Situation in HK • recent cases resulting in two prosecutions are isolated cases • ICAC always pursues every corruption case impartially in strict accordance with the law

  13. Corruption Situation in HK impartiality lawfulness fairness without fear or favour

  14. Corruption Situation in HK Overwhelming public support 99% say “ICAC deserves our support” * * ICAC Annual Survey 2012

  15. Corruption Situation in HK Low level of tolerance 10 = Total Tolerance Mean Score of 0.8 * 0 = Total Rejection * ICAC Annual Survey 2012

  16. Corruption Situation in HK Willingness to report corruption* * ICAC Annual Survey 2012

  17. Corruption Situation in HK • 74% of the corruption complaints are non-anonymous • over 80% conviction rate

  18. Corruption Situation in HK Enhance competitiveness • 7th most competitive places among 148 economies • “corruption is the one of the least problematic factor for doing business in Hong Kong” World Economic Forum’s2013 Global Competitiveness Index

  19. Corruption Situation in HK Favourable factors for setting up regional HQs or offices in Hong Kong • corruption-free government • rule of law • independent judiciary

  20. Challenges – An International Perspective Economic freedom of Hong Kong • highest rating among 152 countries and territories • Fraser Institute’s Economic Freedom of the World: 2013 Annual Report

  21. Challenges – An International Perspective Globalization and advancement in IT • corruption increasingly trans-national and complex • LEAs worldwide have to upgrade professional capability and foster effective partnership

  22. International Cooperation through upholding the rule of law • Mutual Legal Assistance in Criminal Matters Ordinance of UNCAC • close networking and cooperation with members of the IAACA, overseas and mainland China LEAs

  23. International Cooperation through upholding the rule of law • collecting intelligence through electronic surveillance and interception of communications • specialised training in the lawful collection and dissemination of evidence and information

  24. Fighting Corruption Successfully • an independent, transparent and impartial judicial system • transparency and accountability in the public sector

  25. Thank you

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