Fighting Corruption - Hong Kong Experience

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

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

4. Public Outrage • a senior police officer’s escapeled to a public outcry • Commission of Inquiry appointedand recommendation made for an - Independent organization to fight corruption

5. The Birth of ICAC • 15 February 1974

6. Three-Pronged Attack

7. ICACEstablishment and Resources Commissioner CorruptionPreventionDepartment Operations Department CommunityRelationsDepartment Total no. of staff : 1,314 Annual Expenditure: US$ 90 M

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

9. Factors for Success • government determination • strong legislation • public support • a dedicated and professionalagency • checks and balances • international co-operation

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

11. Strong Legislation • a sound legal framework • authority to : • investigate corruption andelection offences • examine practices andprocedures in the public sectorand secure revision of workmethods • educate the public

12. Strong Legislation Definition of Advantage • 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

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

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

15. Strong Legislation Prevention of Bribery Ordinance Section 10 • A potent weapon requiring a government officer to explain tothe court if he possessesexcessive assets notcommensurate with his officialincome

16. Strong Legislation Prevention of Bribery Ordinance Section 9 • deal with private sector corruption • deal with principal / agentrelationships

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

18. Checks and Balances • prosecution authority rests withthe Secretary for Justice • independent judiciary • monitoring by legislature • four advisory committees chairedby non-official members • ICAC Complaints Committee • free press

19. International Co-operation • provide efficient and effectiveliaison channels • enable multi-lateral exchangesof legal and investigativeassistance

20. What Have We Achieved

21. 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

22. A Cleaner Public ServiceCorruption Reports GovernmentDepartments Other sectors

23. A Vigilant BusinessSector • Business organizations acceptcorruption prevention as goodgovernance • Level playing field

24. New Challenges • significant economic, social and political developments • significant technologicaldevelopments • rising public expectation ofICAC effectiveness,transparency andaccountability

25. Our Responses • A Fresh Strategy • Increased Co-operationwith Mainland Authorities • International Co-operation

26. A Fresh Strategy Operations Front • proactive approach • strengthen intelligence collection and analysis capability • application of information and accountingtechnology • setting up a Financial InvestigationSection and a Computer Forensics and ITResearch and Development Sections • co-ordinated use of informants andundercover agents

27. A Fresh Strategy Corruption Prevention Front • quick follow-up of OperationsDepartment’s investigations • partnership with departments and public organizations • hot-line service for private sectorcompanies • target approach - roll-overprogramme for trade / industry • best practices packages

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

29. Mainland Liaison • cross-border corruption a concern • increased co-operation withMainland law enforcement agencies • Mutual Case Assistance Scheme • a Legal Guide for Investors inGuangdong and Hong Kong

30. International Co-operation • develop and maintain strongworking relationship with overseaslaw enforcement agencies • enactment of the Mutual LegalAssistance in Criminal MattersOrdinance • set up International AssistanceSection

31. We are prepared to meetthe challenges in the newmillennium. The Mission Continues ...

32. Welcome to visitICAC Website www.icac.org.hk

33. Thank You