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香港特別行政區廉政專員二零零零年年報Annual Report by ... - 廉政公署

香港特別行政區廉政專員二零零零年年報Annual Report by ... - 廉政公署

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2000<br />

Annual <strong>Report</strong><br />

<strong>by</strong> the Commissioner of the<br />

Independent Commission Against Corruption<br />

Hong Kong Special Administrative Region


2000 Annual <strong>Report</strong> <strong>by</strong> the Commissioner of the<br />

Independent Commission Against Corruption<br />

Hong Kong Special Administrative Region<br />

<br />

Submitted to the Chief Executive of the Hong Kong Special Administrative<br />

Region in accordance with section 17 of the Independent Commission Against<br />

Corruption Ordinance (Cap. 204)


Independent Commission Against Corruption<br />

Mission Statement and Code of Ethics<br />

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• <br />

• <br />

• <br />

• <br />

• <br />

• <br />

• <br />

• <br />

• <br />

With the community, the ICAC is committed to fight corruption through effective<br />

law enforcement, education and prevention to help keep Hong Kong fair, just,<br />

stable and prosperous.<br />

Officers of the ICAC will at all times uphold the good name of the Commission and:<br />

• adhere to the principles of integrity and fair play<br />

• respect the rights under the law of all people<br />

• carry out their duties without fear or favour, prejudice or ill will<br />

• act always in accordance with the law<br />

• not take advantage of their authority or position<br />

• maintain necessary confidentiality<br />

• accept responsibility for their actions and instructions<br />

• exercise courtesy and restraint in word and action<br />

• strive for personal and professional excellence


Contents<br />

6 <br />

6 <br />

6 <br />

6 <br />

6 <br />

Page 6 Chapter 1 : Introduction<br />

6 Constitution<br />

6 Organisation<br />

6 Advisory Committees<br />

6 Responsibilities of the Commissioner<br />

9 <br />

9 <br />

12 <br />

12 <br />

13 <br />

14 <br />

15 <br />

15 <br />

15 <br />

9 Chapter 2 : Commissioner’s Review<br />

9 Overview<br />

12 Investigation<br />

12 Prevention<br />

13 Education<br />

14 External Contacts<br />

15 Checks and Balances<br />

15 Looking to the Future<br />

16 Acknowledgement<br />

23 <br />

23 <br />

24 <br />

25 <br />

26 <br />

27 <br />

27 <br />

23 Chapter 3 : Administration Branch<br />

23 General Administration<br />

24 Information Technology<br />

25 Training and Development<br />

26 Staff Relations and Welfare<br />

27 Awards and Commendations<br />

27 Overseas Visitors<br />

28 <br />

28 <br />

28 <br />

28 <br />

28 <br />

29 <br />

31 <br />

33 <br />

33 <br />

34 <br />

36 <br />

37 <br />

39 <br />

39 <br />

28 Chapter 4 : Operations Department<br />

28 Establishment<br />

28 Responsibility and Power<br />

28 Prosecution of Cases<br />

28 Sources of Corruption Cases<br />

29 Statistics on <strong>Report</strong>s<br />

31 Investigations and Prosecutions<br />

33 Disciplinary or Administrative Action Against<br />

Government Servants<br />

33 <strong>Report</strong> Centre and Detention Centre<br />

34 Staff Discipline<br />

36 Recruitment and Training<br />

38 Operational Liaison<br />

39 Witness Protection<br />

39 Information Technology<br />

4


41 <br />

41 <br />

41 <br />

43 <br />

49 <br />

52 <br />

Page 41 Chapter 5 : Corruption Prevention Department<br />

41 Structure and Establishment<br />

41 Review of Work<br />

43 Assignments<br />

50 Consultation Activities<br />

53 Advisory Services<br />

55 <br />

55 <br />

55 <br />

55 <br />

56 <br />

57 <br />

58 <br />

58 <br />

59 <br />

60 <br />

60 <br />

61 <br />

61 <br />

61 <br />

62 <br />

63 <br />

63 <br />

63 <br />

55 Chapter 6 : Community Relations Department<br />

55 Structure and Establishment<br />

55 Review of Work<br />

55 Mass Media<br />

56 Public Sector<br />

57 Business Sector<br />

58 Hong Kong Ethics Development Centre<br />

59 Youth and Moral Education<br />

60 Cross Boundary Co-operation<br />

60 New Arrivals<br />

61 Community Support<br />

62 Building Management<br />

62 ICAC Club<br />

62 Clean Elections<br />

63 Press Relations<br />

63 Handling of Corruption <strong>Report</strong>s<br />

64 ICAC Annual Survey<br />

64 Transparency and Accountability<br />

65 <br />

65 Appendices<br />

5


Chapter 1<br />

Introduction<br />

<br />

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<br />

<br />

(a)<br />

<br />

<br />

<br />

The Independent Commission Against<br />

Corruption (ICAC) was established on 15 February<br />

1974 with the enactment of the Independent<br />

Commission Against Corruption Ordinance (Cap.<br />

204).<br />

Before then the detection and<br />

investigation of corruption was the responsibility<br />

of the Anti-Corruption Office of the Hong Kong<br />

Police Force. The decision to set up an<br />

independent organisation to tackle corruption was<br />

made <strong>by</strong> the then Governor following a<br />

Commission of Inquiry into corruption in Hong<br />

Kong and other related matters.<br />

CONSTITUTION<br />

The ICAC derives its charter from the<br />

Independent Commission Against Corruption<br />

Ordinance. Its independence is established <strong>by</strong> the<br />

Commissioner being formally and directly<br />

responsible to the Chief Executive. In carrying out<br />

its work the ICAC functions as an independent<br />

organ of the public service.<br />

ORGANISATION<br />

The ICAC comprises the office of the<br />

Commissioner and three functional departments -<br />

Operations, Corruption Prevention and<br />

Community Relations - serviced <strong>by</strong> the<br />

Administration Branch. Its organisation is shown<br />

in the chart at Appendix 1.<br />

ADVISORY COMMITTEES<br />

The work of the ICAC comes under the<br />

scrutiny of independent committees comprising<br />

responsible citizens drawn from all sectors of the<br />

community and appointed <strong>by</strong> the Chief Executive.<br />

<strong>Report</strong>s on the work of the Advisory Committee<br />

on Corruption, the Operations Review Committee,<br />

the Corruption Prevention Advisory Committee<br />

and the Citizens Advisory Committee on<br />

Community Relations are contained in a separate<br />

publication.<br />

RESPONSIBILITIES OF THE COMMISSIONER<br />

The Commissioner is directly responsible<br />

to the Chief Executive for the following duties set<br />

out in section 12 of the Independent Commission<br />

Against Corruption Ordinance :<br />

6


(b)<br />

(c)<br />

(d)<br />

(e)<br />

(f)<br />

<br />

(i)<br />

<br />

<br />

(ii) <br />

<br />

<br />

(iii) <br />

( ) <br />

<br />

(iv) <br />

<br />

<br />

(v)<br />

<br />

<br />

<br />

(vi) <br />

()<br />

<br />

(vii) <br />

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<br />

(a)<br />

to receive and consider complaints alleging<br />

corrupt practices and investigate such of those<br />

complaints as he considers practicable;<br />

(b) to investigate -<br />

(c)<br />

(d)<br />

(i)<br />

(ii)<br />

any alleged or suspected offence under<br />

this Ordinance;<br />

any alleged or suspected offence under<br />

the Prevention of Bribery Ordinance<br />

(Cap. 201);<br />

(iii) any alleged or suspected offence under<br />

the Elections (Corrupt and Illegal<br />

Conduct) Ordinance (Cap. 554);<br />

(iv) any alleged or suspected offence of<br />

blackmail committed <strong>by</strong> a Government<br />

of Hong Kong Special Administrative<br />

Region (HKSAR) servant <strong>by</strong> or through<br />

the misuse of his office;<br />

(v)<br />

any alleged or suspected conspiracy to<br />

commit an offence under the Prevention<br />

of Bribery Ordinance (Cap. 201);<br />

(vi) any alleged or suspected conspiracy to<br />

commit an offence under the Elections<br />

(Corrupt and Illegal Conduct) Ordinance<br />

(Cap. 554); and<br />

(vii) any alleged or suspected conspiracy (<strong>by</strong><br />

two or more persons including a<br />

Government of HKSAR servant) to<br />

commit an offence of blackmail <strong>by</strong> or<br />

through the misuse of the office of that<br />

Government of HKSAR servant;<br />

to investigate any conduct of a Government<br />

of HKSAR servant which, in the opinion of the<br />

Commissioner, is connected with or<br />

conducive to corrupt practices and to report<br />

thereon to the Chief Executive;<br />

to examine the practices and procedures of<br />

government departments and public bodies,<br />

in order to facilitate the discovery of corrupt<br />

practices and to secure the revision of<br />

methods of work or procedures which, in the<br />

opinion of the Commissioner, may be<br />

conducive to corrupt practices;<br />

7


(g)<br />

<br />

<br />

<br />

<br />

<br />

(h) <br />

(e)<br />

(f)<br />

(g)<br />

to instruct, advise and assist any person, on<br />

the latter’s request, on ways in which corrupt<br />

practices may be eliminated <strong>by</strong> such person;<br />

to advise heads of government departments<br />

or of public bodies of changes in practices or<br />

procedures compatible with the effective<br />

discharge of the duties of such departments or<br />

public bodies which the Commissioner thinks<br />

necessary to reduce the likelihood of the<br />

occurrence of corrupt practices;<br />

to educate the public against the evils of<br />

corruption; and<br />

(h) to enlist and foster public support in<br />

combatting corruption.<br />

8


Chapter 2<br />

Commissioner’s Review<br />

<br />

<br />

Alan N LAI<br />

Commissioner of the<br />

Independent Commission Against Corruption<br />

Hong Kong Special Administrative Region<br />

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,<br />

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<br />

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%%<br />

%%<br />

<br />

OVERVIEW<br />

The year 2000 was a challenging yet<br />

rewarding one for the ICAC. As the new<br />

millennium unfolded, a record high number of<br />

corruption reports were made to the Commission,<br />

creating an unprecedented workload for our<br />

officers. But with the professionalism of our staff<br />

and the unfailing support the public extended to<br />

us, we could herald yet another year of effective<br />

service to the community.<br />

During the year under review, we received<br />

a total of 4,390 reports, an all time high since the<br />

inception of the ICAC in 1974. Complaints<br />

against government departments, public bodies<br />

and private companies all registered a rise,<br />

resulting in an across the board increase of 23%<br />

over the previous year. Of all the complaints,<br />

40% concerned the government sector, 6% the<br />

public bodies and 54% the private sector - a mix<br />

resembling that of past years.<br />

9


,<br />

,%<br />

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%<br />

,<br />

,<br />

<br />

<br />

%<br />

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, <br />

%<br />

<br />

<br />

<br />

<br />

<br />

The private sector, as in the past, had the<br />

biggest increase. During the year a total of 2,402<br />

reports were filed with the Commission, an<br />

increase of 26% over the 1,904 we received in<br />

1999. The rise registered <strong>by</strong> government<br />

departments and public bodies was less acute,<br />

both at 20%. For the government sector, the tally<br />

rose from 1,445 in 1999 to 1,732 in 2000.<br />

Corresponding figure for public bodies was from<br />

212 to 256. Cross-boundary corruption reports<br />

continued to stay at a low level. In 2000, there<br />

were 66 reports, accounting for less than 2% of<br />

the total.<br />

With two sets of elections - one for the<br />

district councils and one for the legislature - held<br />

in late 1999 and 2000, we received 229 electionrelated<br />

complaints during the year. 111<br />

concerned the Legislative Council elections, of<br />

which 19 related to bribery offences while the<br />

remainder on technical breaches of the election<br />

law.<br />

The surge in the number of corruption<br />

reports was obviously a matter of concern for the<br />

ICAC. Not so much because it meant a heavier<br />

workload for our staff, but because it might have<br />

pointed to a trend of increased corruption<br />

activities. But contrary to some people’s worry<br />

that the problem of corruption in Hong Kong<br />

might have worsened, our intelligence and<br />

analysis of the reports suggest the situation is not<br />

deteriorating. Based on our analysis, the lingering<br />

effect of the Asian financial crisis, which exposed<br />

many corruption-related frauds, had pushed up<br />

the figure. Extensive media coverage of ICAC<br />

operations also meant people were more alert to<br />

potential corruption activities, hence more reports<br />

forwarded to us. But the biggest contributing<br />

factor was a leap in the number of reports which<br />

were straightforward or of a simple and minor<br />

nature. This type of reports rose from 713 in 1999<br />

to 1,195 in 2000, a very considerable rise of 68%.<br />

And within this category of complaints, the single<br />

biggest increase concerned building management<br />

cases. Subsequent investigations revealed that<br />

many of the cases were prompted <strong>by</strong><br />

misunderstanding or lack of knowledge about<br />

building management among members of owners’<br />

corporations. Out of an overall total of 283 cases<br />

prosecuted <strong>by</strong> the end of 2000, only 22 related to<br />

building management.<br />

10


To tackle the problem of rising reports and<br />

deal with cases of more sophisticated nature, the<br />

Commission took a number of measures to make<br />

sure the effectiveness of the ICAC would not be<br />

compromised. A new work approach was<br />

adopted and new resources secured. For instance,<br />

special task forces, made up of staff from the<br />

Operations Department, Corruption Prevention<br />

Department and Community Relations<br />

Department, were formed to deal with problems<br />

specific to the construction, banking and building<br />

management sectors which registered a substantial<br />

increase in corruption reports in the past two<br />

years. The task force approach enabled officers<br />

from the Commission to work more closely<br />

together and address the problems in a more<br />

focused manner.<br />

In light of the rapid rise in the number of<br />

straightforward, simple and minor reports, the<br />

Commission saw the value of having a dedicated<br />

team experienced in dealing with this kind of<br />

complaint to bolster efficiency. Hitherto,<br />

experienced investigators were deployed on an ad<br />

hoc basis to form a Quick Response Team (QRT)<br />

to handle this type of simple complaint. During<br />

the year, we managed to secure additional public<br />

funding for the Commission to formalise the<br />

establishment of the QRT in the next financial<br />

year. By making it a permanent set up of the<br />

Commission, experienced investigators seconded<br />

to the team could be ploughed back to<br />

mainstream investigation work.<br />

Rising workload was not the only<br />

challenge facing the Commission. New issues<br />

brought <strong>by</strong> the cyber age meant that we had to go<br />

hi-tech in order to ensure that our investigative<br />

efficiency and capability could keep up with<br />

times. With effective re-deployment of resources,<br />

we managed to provide all investigators with a<br />

work station in 2000. The development tied in<br />

nicely with the launch of the new Operations<br />

Department Information System (OPSIS) in June.<br />

The OPSIS has proved particularly useful in<br />

assisting investigators to sieve through the<br />

complex web of corruption crimes. Another way<br />

to upgrade our professionalism was to join hands<br />

with experts from local universities, the private<br />

sector and other law enforcement agencies to<br />

continue to provide computer forensic training<br />

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%<br />

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course for our staff as well as to establish standard<br />

computer investigation procedures.<br />

Information technology-related training<br />

was only one aspect of the comprehensive<br />

coaching we provided to our staff. To facilitate<br />

expedient and smooth integration of new blood, a<br />

mentor system led <strong>by</strong> veteran investigators swung<br />

into action following the graduation of the new<br />

batch of recruits at the Commission’s new training<br />

camp in Tuen Mun in August. Nestled in the<br />

scenic Castle Peak area, the training camp was the<br />

first dedicated facility provided to the Commission<br />

for training purposes.<br />

INVESTIGATION<br />

Last year was a fulfilling one for the<br />

Operations Department. Case after case, some of<br />

which our investigators had been labouring on for<br />

years, came to their conclusion in court with<br />

satisfactory results. Through greater use of<br />

informants, development and analysis of<br />

intelligence, as well as undercover operations<br />

when necessary, the Department uncovered a<br />

considerable number of corruption cases which<br />

might otherwise have gone unreported. During<br />

the year, more than 200 investigations were<br />

generated <strong>by</strong> this proactive strategy.<br />

Despite an increased workload, the<br />

Operations Department continued to maintain its<br />

high level of effectiveness. During the year, 608<br />

persons were prosecuted in 283 corruption and<br />

related cases, compared to 504 persons in 220<br />

cases in 1999. The conviction rate for<br />

prosecutions completed during the year remained<br />

at a high level of 79%.<br />

PREVENTION<br />

Working closely with the Operations<br />

Department, the Corruption Prevention<br />

Department also stepped up its efforts in tackling<br />

vulnerable areas exposed <strong>by</strong> our investigators.<br />

The Commission’s Construction Task Force<br />

comprising staff from all three departments was<br />

formed after a spate of construction cases were<br />

exposed. The task force, led <strong>by</strong> officers from the<br />

Corruption Prevention Department, proactively<br />

raised corruption prevention awareness through<br />

site talks and feature articles, and promoted best<br />

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,<br />

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practices and ethical commitment in the industry.<br />

Such work was additional to the Department’s 106<br />

detailed studies of the practices and procedures of<br />

government departments and public bodies during<br />

the year.<br />

The Department also provided timely<br />

corruption prevention advice, through<br />

consultation, to the public sector in the<br />

formulation of new initiatives, procedures and<br />

legislative proposals. In 2000, the Department<br />

undertook such consultation activities on 278<br />

occasions.<br />

In the private sector, the Department<br />

continued to proactively offer its corruption<br />

prevention advice to organisations and<br />

individuals. A total of 300 requests for corruption<br />

advice were received and all were processed<br />

within two working days as pledged. Our<br />

corruption prevention efforts were complemented<br />

<strong>by</strong> the promulgation of a number of Best Practice<br />

Packages, which provided corruption guidelines<br />

on selected work areas.<br />

EDUCATION<br />

The Community Relations Department<br />

continued to work closely with the Civil Service<br />

Bureau in promoting the Civil Service Integrity<br />

Programme <strong>by</strong> introducing tailor-made corruption<br />

prevention packages in government departments.<br />

All departments responded positively to the<br />

Programme. At the end of 2000, more than<br />

27,000 civil servants had attended training<br />

courses on ethics and integrity.<br />

Another important work area of the<br />

Department was the business sector. The<br />

Department promoted business ethics and<br />

corruption prevention measures to organisations<br />

of various trades through a wide range of activities<br />

including conferences, industry-wide seminars<br />

and on-site training. These activities should assist<br />

in reinforcing the international status of Hong<br />

Kong as a competitive business centre.<br />

Instilling positive values in young people<br />

was also a priority area of the Department’s work.<br />

In addition to school talks and projects organised<br />

for young people, the Department made use of<br />

multimedia programmes and the Internet to<br />

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,<br />

<br />

<br />

<br />

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nurture an ethical culture among the younger<br />

generation. In the year under review, we<br />

produced a second series of TV cartoon<br />

programme for young kids and launched a<br />

website for teenagers. Both initiatives were well<br />

received <strong>by</strong> our targets.<br />

The Department also raised the awareness<br />

of the public on anti-corruption issues through the<br />

mass media. Major productions included a series<br />

of advertising campaigns and television<br />

programmes.<br />

EXTERNAL CONTACTS<br />

The ICAC’s unique approach of<br />

combatting corruption through detection,<br />

prevention and education has proved to be a<br />

useful model for many of our counterparts around<br />

the world. The ICAC has frequently been invited<br />

to share its experience and strategy at<br />

international conferences. As Commissioner, I<br />

treasure the opportunity to tell the Hong Kong<br />

story and to exchange views with our overseas<br />

counterparts about the latest trends in anticorruption<br />

work.<br />

In the year under review, my senior<br />

colleagues from the three functional departments<br />

and I have taken part in a number of important<br />

international anti-corruption forums. To give a<br />

few examples, I made a presentation at the Anti-<br />

Corruption Expert Roundtable in May 2000. Held<br />

in Pretoria, South Africa, the roundtable was<br />

jointly organised <strong>by</strong> the United Nations Office for<br />

Drug Control and Crime Prevention in Southern<br />

Africa and the Southern African Office of the<br />

National Directorate for Public Prosecutions. In<br />

October 2000, I led an ICAC delegation to attend<br />

the 8th World Conference organised <strong>by</strong> the Asia<br />

Crime Prevention Foundation in Beijing. Two<br />

months later, I was invited to give a speech at a<br />

United Nations sponsored symposium held in<br />

Palermo, Sicily. Addressing the symposium<br />

entitled “The Role of Civil Society in Countering<br />

Organised Crime”, I shared with delegates the<br />

ICAC’s community education endeavours.<br />

To further our effort to stand at the<br />

forefront of the world’s anti-corruption drive, we<br />

held the first ICAC Symposium in Hong Kong in<br />

November 2000. More than 440 delegates from<br />

14


35 jurisdictions brainstormed over the latest trends<br />

and developments on the corruption front, with<br />

particular reference to the advent of the cyber age<br />

and the opportunities and challenges it posed for<br />

anti-graft fighters throughout the world. With very<br />

encouraging feedback from delegates, we plan to<br />

hold the symposium biennially.<br />

International liaison aside, the<br />

Commission continued to keep in close touch<br />

with our counterparts in the Mainland. The dayto-day<br />

contact at working level has become an<br />

increasingly important feature of the<br />

Commission’s mainland liaison work. To cite an<br />

example, in the year under review, our<br />

Community Relations Department received over<br />

140 mainland delegations and provided talks to<br />

more than 4,300 mainland officials, a record high<br />

since we started the cross-boundary exchange<br />

programmes.<br />

The Community Relations Department<br />

aside, officers from the Corruption Prevention<br />

Department and the Operations Department also<br />

stepped up contacts with their mainland<br />

counterparts through visits and talks.<br />

CHECKS AND BALANCES<br />

As an agency vested with extensive<br />

powers, the ICAC has a comprehensive system of<br />

checks and balances to ensure that it acts in full<br />

accordance with the law. The Commission is<br />

guided in its work <strong>by</strong> four advisory committees:<br />

the Advisory Committee on Corruption, the<br />

Operations Review Committee, the Corruption<br />

Prevention Advisory Committee and the Citizens<br />

Advisory Committee on Community Relations.<br />

The reports of these committees for the year are<br />

contained in a separate publication attached to<br />

this <strong>Report</strong>.<br />

An ICAC Complaints Committee serviced<br />

<strong>by</strong> a non-ICAC secretariat oversees the handling<br />

of non-criminal complaints against ICAC officers.<br />

It publishes it own annual report.<br />

LOOKING TO THE FUTURE<br />

Facing the challenge of increased<br />

caseload and growing sophistication of corruption<br />

crimes, the ICAC will make every effort to<br />

15


upgrade the professionalism of our officers to<br />

preserve our effectiveness. As Commissioner, I do<br />

not have any doubt that my colleagues will take<br />

up the challenge and continue their mission in<br />

fighting corruption without fear or favour.<br />

To consolidate our work on nurturing a<br />

deeply-rooted anti-corruption culture, the ICAC<br />

believes that more focused efforts should be made<br />

to spread our message to every home. A familybased<br />

and youth-oriented education programme<br />

will form a major part of our community<br />

education work in the coming year.<br />

ACKNOWLEDGEMENT<br />

The ICAC’s success is due in no small<br />

measure to the dedication of my colleagues. I<br />

sincerely appreciate the professionalism and<br />

commitment they have displayed in carrying out<br />

their duties. During the year, members of our<br />

advisory committees offered valuable advice<br />

about our work. I am indebted to them for their<br />

support which has helped uphold Hong Kong’s<br />

reputation as a clean cosmopolitan city.<br />

16


▲<br />

<br />

<br />

Mr Zhang Xue-jun,<br />

Chief Procurator,<br />

Guangdong Provincial<br />

People’s Procuratorate<br />

visiting the ICAC<br />

▲<br />

<br />

<br />

The First ICAC<br />

Symposium<br />

▲<br />

<br />

Consuls visiting<br />

the ICAC<br />

17


▲<br />

<br />

<br />

Examination of a suspected<br />

questionable pile <strong>by</strong><br />

representatives of ICAC, Housing<br />

Department and Contractors<br />

▲<br />

<br />

<br />

<br />

ICAC together with the<br />

industry conducted a press<br />

briefing after a corruptionfacilitated<br />

pirated disc<br />

stampers operation<br />

▲<br />

<br />

<br />

<br />

Obtaining evidence <strong>by</strong><br />

video camera in an<br />

armoured vehicle<br />

smuggling case involving<br />

a seizure of $3 million<br />

smuggled portable phones<br />

18


▲<br />

<br />

<br />

Closing loopholes in freight<br />

operation procedures<br />

▲<br />

<br />

<br />

Reviewing the procedures<br />

for inspection of<br />

amusement game centre<br />

19


▲<br />

<br />

<br />

<br />

The Commissioner kicking<br />

off the Gee-dor-dor<br />

children moral education<br />

project <strong>by</strong> lighting up the<br />

Olympic torch that<br />

symbolizes fair<br />

competition<br />

▲<br />

<br />

<br />

The Chief Executive<br />

addressing the Ethical<br />

Leadership Forum 2000<br />

▲<br />

<br />

<br />

Youth Website “Teensland” - promoting<br />

positive values in a lively and interactive way<br />

20


▲<br />

<br />

<br />

<br />

ICAC Common<br />

Induction Course<br />

Passing Out Cum<br />

Training Camp<br />

Opening Ceremony<br />

<br />

<br />

Teams of general and<br />

support grade staff<br />

competing for the ‘Multi-skill<br />

Support Services Award’<br />

▲<br />

▲<br />

<br />

Team building workshop<br />

21


▲<br />

<br />

The ICAC Road Race<br />

▲<br />

<br />

<br />

Citizens taking<br />

photographs in the<br />

ICAC Open Day<br />

22


Chapter 3<br />

Administration Branch<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

,<br />

, <br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

,<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

.%<br />

<br />

Headed <strong>by</strong> an Assistant Director, the<br />

Administration Branch is responsible for the<br />

management of personnel, finance, supplies and<br />

general matters, the administration of the<br />

Commission’s training, staff relations and welfare<br />

activities, and the co-ordination of information<br />

technology services affecting the Commission. In<br />

dealing with administrative, financial, accounting<br />

and supplies matters, the Commission follows<br />

government regulations. The Administration<br />

Branch ensures that these regulations and other<br />

standing procedures are followed.<br />

GENERAL ADMINISTRATION<br />

At the end of 2000, the establishment of<br />

the Commission was 1,330 (including 14<br />

directorate officers). Its strength was 1,285 :<br />

Operations Department - 932; Corruption<br />

Prevention Department - 55; Community<br />

Relations Department - 208 and Administration<br />

Branch - 90.<br />

All officers in the Commission are subject<br />

to the conditions of service set out in the<br />

Independent Commission Against Corruption<br />

Ordinance. Staff in the Commission are normally<br />

appointed on gratuity-bearing agreements. As at<br />

the end of the year, 53 officers were serving on<br />

release from the civil service.<br />

The Standing Committee on Disciplined<br />

Services Salaries and Conditions of Service<br />

advises on matters relating to the pay and<br />

conditions of service of ICAC departmental grade<br />

officers. Most officers in the Commission are<br />

employed in grades special to the Commission.<br />

1,009 departmental grade officers are paid on the<br />

ICAC Pay Scale. The remaining 321<br />

administrative and support staff are members of<br />

general grades and are paid the same salaries as<br />

their counterparts in the civil service.<br />

In 2000, 87 officers left the Commission:<br />

Operations Department - 47; Corruption<br />

Prevention Department - 8; Community Relations<br />

Department - 18 and Administration Branch - 14.<br />

Of these, five were overseas officers.<br />

The wastage rate was 6.8% of total<br />

strength as at the end of the year. By the end of<br />

2000, the Commission had 20 officers employed<br />

23


() <br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

on expatriate terms (excluding those on final<br />

leave), all working in Operations Department.<br />

The Commission is financed from a single<br />

head of expenditure in the government’s annual<br />

estimates. The Advisory Committee on<br />

Corruption and the Government Secretariat<br />

consider the annual estimates of expenditure<br />

which are submitted to the Chief Executive for<br />

approval in accordance with section 14(1) of the<br />

Independent Commission Against Corruption<br />

Ordinance. The Commission’s accounts are<br />

administered in accordance with government<br />

procedures and are subject to examination <strong>by</strong> the<br />

Director of Audit in the same way as the accounts<br />

of government departments. Analyses of the<br />

financial provision <strong>by</strong> programmes and <strong>by</strong> nature<br />

of expenditure for the financial years 1999/2000<br />

and 2000/2001 are at Appendix 2.<br />

INFORMATION TECHNOLOGY<br />

Through a flexible approach in the redeployment<br />

of resources, we succeeded in<br />

providing each officer having functional needs<br />

with a networked computer in 2000. The<br />

development work of the Management<br />

Information Systems for the Community Relations<br />

Department and Corruption Prevention<br />

Department commenced in early 2000 and will<br />

be in operation in the first half of 2001.<br />

With a fuller coverage of computer<br />

facilities in the Commission, coupled with the<br />

smooth operation of the Office Automation<br />

Facilities (OAF), we are endeavoring to maximize<br />

the use of the OAF in addition to electronic mail.<br />

In the year, we built up a number of databases on<br />

the OAF to facilitate better data sharing and<br />

retrieval. We also embarked on the development<br />

of a Cyber Learning Centre on our existing<br />

computer network with a view to providing staff<br />

with on-line learning facilities and automating the<br />

loan system of our library.<br />

Computerization brought forth the<br />

concern of proper software and hardware<br />

management. In 2000, we secured funding for<br />

the implementation of an electronic software asset<br />

management system. The system is an efficient<br />

management tool to ensure all computer items<br />

24


installed are licensed and authorized. It will be in<br />

operation in the first quarter of 2001.<br />

We shall continue to explore ways to<br />

maximize the use of information technology to<br />

enhance our operational agility and efficiency.<br />

TRAINING AND DEVELOPMENT<br />

The main thrust in training and<br />

development in 2000 remained in professional<br />

enhancement through day-time local courses,<br />

overseas training, evening classes, mentoring<br />

programme as well as self-learning. On<br />

investigation skills training, we focused on<br />

computer forensics, video interviewing skills,<br />

financial investigation, managing undercover<br />

operations and informant handling. Besides, we<br />

organised a comprehensive IT security training<br />

programme to provide officers with skills and<br />

knowledge in conducting corruption prevention<br />

studies involving computerised systems. We also<br />

provided training on presentation skills,<br />

experiential learning, facilitation skills and<br />

exposure training on various trades and industries<br />

to help officers in community education and<br />

corruption prevention work, as well as training for<br />

the general and support grades officers for multiskilled<br />

development. During the year, 644<br />

officers attended local professional training<br />

courses and 14 officers joined investigation skills<br />

training organised <strong>by</strong> leading law enforcement<br />

agencies in Canada, United Kingdom, United<br />

States, Thailand and Singapore.<br />

Management training is an important<br />

development area. Our management training<br />

courses were on strategic management,<br />

leadership, team building, stress management,<br />

mentoring and coaching. They were mostly held<br />

in our new training camp at Tuen Mun. The<br />

training camp, which was opened in August 2000,<br />

greatly improved our residential training facilities<br />

and provided more opportunities for officers to<br />

share their learning and build up esprit de corps.<br />

In the year, 586 officers were on local<br />

management training courses and four on<br />

overseas management development training<br />

programmes. IT training continued to be an<br />

important part of our training effort to support the<br />

development of office automation in the ICAC. In<br />

2000, 881 officers went through IT training<br />

25


,<br />

<br />

<br />

<br />

<br />

courses. We also provided language training to<br />

our officers to enhance their language<br />

proficiencies. 290 officers attended Chinese and<br />

English writing skills and Putonghua skills training<br />

programmes during the year.<br />

Apart from the traditional day-time<br />

classroom training, we continued to promote<br />

continuing professional development through<br />

evening courses. We launched a pilot evening<br />

training programme in the year. It was well<br />

received <strong>by</strong> our officers. With the launch of the<br />

ICAC Cyber Learning Centre in the first half of<br />

2001, we shall be able to provide better support<br />

to our officers for self-development.<br />

STAFF RELATIONS AND WELFARE<br />

The Commission Staff Consultative<br />

Committee comprises the Commissioner as<br />

Chairman and 24 elected staff representatives of<br />

various ranks and departments. The Committee<br />

provides a channel for staff to express their views<br />

direct to the Commissioner on matters affecting<br />

conditions of service and welfare. Similar<br />

channels of communication exist in the three<br />

departments and the Administration Branch. The<br />

Departmental Consultative Committees are<br />

chaired <strong>by</strong> the respective Heads of Departments.<br />

To strengthen communication and co-operation<br />

between management and General Grades Staff,<br />

we established the General Grades Consultative<br />

Committee (GGCC) in June 2000. The Committee<br />

is chaired <strong>by</strong> Assistant Director/Administration,<br />

who is the Head of General Grades. The GGCC<br />

and each Departmental Consultative Committee<br />

held regular meetings and a total of 17 meetings<br />

were held during the year.<br />

The ICAC Welfare Fund, Staff Welfare<br />

Fund and Staff Relief Fund provide relief to staff<br />

in need of financial assistance. The Welfare<br />

Funds also finance activities for the well-being of<br />

staff.<br />

The ICAC Credit Union was formed in<br />

December 1978 to provide credit facilities for its<br />

members in accordance with the Credit Unions<br />

Ordinance. It is run <strong>by</strong> office-bearers elected<br />

from all ranks and is one of the best established<br />

credit unions in Hong Kong. By the end of 2000,<br />

the Credit Union had 963 members with total<br />

savings in the region of HK$28.9 million.<br />

26


The ICAC Staff Club organised a variety<br />

of sporting, recreational and social events during<br />

the year. Club members also participated in interdepartmental<br />

sporting competitions and fundraising<br />

activities for charity.<br />

The Staff Relations Section provides<br />

welfare support to staff.<br />

AWARDS AND COMMENDATIONS<br />

In 2000, two officers were awarded the<br />

Hong Kong ICAC Medal for Distinguished Service<br />

and another two the Hong Kong ICAC Medal for<br />

Meritorious Service. One officer received the<br />

Chief Executive’s Commendation for<br />

Government/Public Service. Three officers were<br />

awarded ICAC Commissioner’s Commendation<br />

and 18 ICAC Directorate Commendation. During<br />

the year, nine work teams of the ICAC received<br />

the Fight Crime Committee’s Outstanding<br />

Performance Award for the Crime Fighting Staff.<br />

OVERSEAS VISITORS<br />

As one of the leading anti-corruption<br />

agencies in the world, the Commission shares its<br />

experience in tackling corruption with<br />

organisations from various parts of the world. In<br />

2000, 384 persons from 39 countries visited the<br />

Commission. A list of these visitors is at<br />

Appendix 3.<br />

27


Chapter 4<br />

Operations Department<br />

<br />

<br />

<br />

<br />

<br />

.%<br />

<br />

<br />

<br />

()<br />

<br />

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<br />

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<br />

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<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

( ) <br />

<br />

<br />

<br />

<br />

<br />

<br />

ESTABLISHMENT<br />

The Operations Department is the<br />

investigative arm and the largest department of the<br />

Commission. The Head of Operations, who is<br />

also the Deputy Commissioner, is responsible to<br />

the Commissioner. At the end of 2000, the<br />

Department had a staff strength of 932 officers,<br />

representing 72.5% of the Commission’s total<br />

strength.<br />

RESPONSIBILITY AND POWER<br />

The Department is responsible for<br />

receiving, considering and investigating alleged<br />

offences under the Prevention of Bribery<br />

Ordinance, the Independent Commission Against<br />

Corruption Ordinance and the Elections (Corrupt<br />

and Illegal Conduct) Ordinance. The Department<br />

is also responsible for investigating any conduct of<br />

a public servant which, in the opinion of the<br />

Commissioner, is connected with or conducive to<br />

corrupt practices and to report thereon to the<br />

Chief Executive.<br />

Investigating officers have powers of arrest<br />

without warrant for offences stipulated in the<br />

above three anti-corruption ordinances and for<br />

offences connected with or facilitated <strong>by</strong><br />

corruption that are disclosed in the course of<br />

investigation. The powers to enter and search<br />

premises for evidence of these offences are<br />

normally granted <strong>by</strong> the court under judicial<br />

warrants.<br />

PROSECUTION OF CASES<br />

The consent of the Secretary for Justice is<br />

required for the prosecution of any offence in Part<br />

II of the Prevention of Bribery Ordinance. In<br />

practice, the Commission seeks the advice of the<br />

Department of Justice before commencing any<br />

prosecution of corruption and/or related offences.<br />

SOURCES OF CORRUPTION CASES<br />

Corruption Complaints<br />

We encourage the public to report<br />

corruption or suspected corruption <strong>by</strong> using the<br />

ICAC Complaint Hotline (2526 6366), <strong>by</strong> letter<br />

(GPO Box 1000), in person to the Operations<br />

Department <strong>Report</strong> Centre or any of the eight<br />

Regional Offices throughout the territory.<br />

28


,<br />

%<br />

<br />

%,<br />

%<br />

<br />

,,<br />

%<br />

<br />

%<br />

, <br />

,<br />

%<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

Directorate officers of the Department consider all<br />

reports on a daily basis and decide whether to<br />

investigate or to refer them to other government<br />

departments or public organisations.<br />

Proactive Approach<br />

The Department has in recent years<br />

adopted a proactive approach to detect<br />

unreported corruption and identify potential areas<br />

for corruption. The approach has proved to be<br />

effective and has uncovered several major and<br />

serious cases of corruption in both the public and<br />

private sectors.<br />

STATISTICS ON REPORTS<br />

Apart from election-related cases, the<br />

Department received a total of 4,390 corruption<br />

reports in 2000, representing an increase of 23%<br />

over that in 1999. Of these, 602 corruption<br />

reports concerned the Hong Kong Police,<br />

representing an increase of 95 reports or 19%<br />

over the previous year, and 1,130 reports<br />

concerned officers of other government<br />

departments, representing an increase of 192<br />

reports or 20%. The number of reports of<br />

corruption in the private sector increased <strong>by</strong> 26%<br />

from 1,904 in 1999 to 2,402 in 2000. 256 reports<br />

concerned members of public bodies, compared<br />

with 212 in 1999, representing an increase of<br />

21%.<br />

Of the 4,390 corruption reports received<br />

during the year, 3,002 reports were <strong>by</strong><br />

complainants who identified themselves,<br />

representing 68% of the total reports received.<br />

Elections<br />

In 2000, the Department received 229<br />

election complaints, of which 111 concerned the<br />

2000 Legislative Council elections, seven<br />

concerned the 2000 District Council <strong>by</strong>-election,<br />

106 concerned the 1999 District Council<br />

elections, two concerned the 1998 Legislative<br />

Council elections and one concerned the 1995<br />

Legislative Council elections. The remaining two<br />

complaints were related to the Rural Committee<br />

elections held in 1998 and 1999. Of the 229<br />

complaints, only 32 involved bribery whilst the<br />

remainder concerned illegal conduct. All except<br />

17 complaints were capable of investigation and<br />

of these 17, one was referred to the Electoral<br />

Affairs Commission for action.<br />

29


Corruption <strong>Report</strong>s (Excluding Election <strong>Report</strong>s) Recorded <strong>by</strong> Sectors - 2000<br />

<br />

All <strong>Report</strong>s<br />

<br />

Public Bodies<br />

256 (5.8%)<br />

<br />

Police<br />

602 (13.7%)<br />

<br />

<br />

Government<br />

Departments<br />

(Excluding Police)<br />

1,130 (25.8%)<br />

<br />

Private Sector<br />

2,402 (54.7%)<br />

<br />

Pursuable <strong>Report</strong>s<br />

<br />

Public Bodies<br />

172 (5.5%)<br />

<br />

Police<br />

370 (11.8%)<br />

<br />

<br />

Government<br />

Departments<br />

(Excluding Police)<br />

696 (22.1%)<br />

<br />

Private Sector<br />

1,902 (60.6%)<br />

<br />

<br />

Corruption <strong>Report</strong>s (Excluding Elections <strong>Report</strong>s) Recorded <strong>by</strong> Sectors (1998 - 2000)<br />

1998 1999 2000<br />

Police 15.8% 14.2% 13.7%<br />

<br />

All other government departments combined 25.2% 26.3% 25.8%<br />

Private sector 52.3% 53.5% 54.7%<br />

Public bodies 6.7% 6.0% 5.8%<br />

100% 100% 100%<br />

<br />

Methods of <strong>Report</strong>ing Corruption (Excluding Election <strong>Report</strong>s) - 2000<br />

<br />

All <strong>Report</strong>s<br />

<br />

<br />

Referred <strong>by</strong><br />

Government<br />

Departments<br />

248(5.6%)<br />

<br />

By Letter<br />

862 (19.6%)<br />

<br />

In Person<br />

1,230 (28%)<br />

<br />

By Phone<br />

1,982 (45.2%)<br />

<br />

By Fax<br />

43 (1%)<br />

<br />

By E-mail<br />

25 (0.6%)<br />

<br />

<strong>Report</strong>s <strong>by</strong> Identified Complainants<br />

<br />

<br />

Referred <strong>by</strong><br />

Government<br />

Departments<br />

155(5.2%)<br />

<br />

By Letter<br />

122 (4.1%)<br />

<br />

In Person<br />

1,202 (40%)<br />

<br />

By Phone<br />

1,488 (49.6%)<br />

<br />

By Fax<br />

13 (0.4%)<br />

<br />

By E-mail<br />

22 (0.7%)<br />

30


,<br />

,%<br />

,<br />

<br />

<br />

INVESTIGATIONS AND PROSECUTIONS<br />

Investigations<br />

The Department received 3,352 pursuable<br />

reports in 2000, representing an increase of 8%<br />

compared to 3,110 in 1999. During the year,<br />

2,893 investigations were completed. Detailed<br />

breakdowns are shown in the following table and<br />

Appendix 4. At year end, 77 cases were awaiting<br />

legal advice.<br />

<br />

Pursuable <strong>Report</strong>s Received, Investigations Carried Forward and Completed (1998-2000)<br />

<br />

Cases 1998 1999 2000<br />

<br />

Pursuable reports received during year 2,998 3,110 3,352<br />

<br />

(including elections)<br />

<br />

Less No. incorporated into existing investigations + 398 477 290<br />

<br />

New caseload 2,600 2,633 3,062<br />

<br />

Add Investigations brought forward from previous years 1,174 1,506 1,686<br />

<br />

Total caseload during year 3,774 4,139 4,748<br />

<br />

Less No. of investigations completed<br />

<br />

From investigations commenced during the year 1,256 1,130 1,418#<br />

<br />

From investigations brought forward 1,012 1,323 1,475@<br />

<br />

Investigations carried forward 1,506 1,686 1,855 *<br />

31<br />

<br />

<br />

<br />

# <br />

@ <br />

* <br />

+ The 1998 and 1999 figures in the 1999 Annual <strong>Report</strong> were 396 and 474 respectively. On receipt of further information,<br />

two and three cases for the respective years of 1998 and 1999 were incorporated into existing investigations. As a result,<br />

the 1998 and 1999 figures are amended to 398 and 477 respectively.<br />

# The time taken to complete these investigations is shown at Appendix 5.<br />

@ The time taken to complete these investigations is shown at Appendix 6.<br />

* The time taken for these outstanding investigations is shown at Appendix 7.


()<br />

()<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

, <br />

<br />

<br />

<br />

<br />

Prosecutions and Cautions<br />

Not all offenders are prosecuted in court.<br />

The guidelines issued <strong>by</strong> the Department of Justice<br />

provide that a caution may be administered for<br />

minor offences, particularly when it is considered<br />

not in the public interest to prosecute. In 2000,<br />

608 persons were prosecuted and 94 formally<br />

cautioned. A breakdown of the number of<br />

persons prosecuted and cautioned since 1974 is<br />

shown at Appendix 8. Appendix 9 shows the<br />

number of persons from various government<br />

departments, public bodies and the private sector<br />

who were prosecuted in 2000 for corruption and<br />

related offences.<br />

Of those prosecuted, 455 persons were<br />

from the private sector and 82 were private<br />

individuals prosecuted for their dealings with<br />

government or public servants contrary to the<br />

Prevention of Bribery Ordinance or ICAC<br />

Ordinance. Among these 537 persons, 134<br />

persons were charged with involvement in corrupt<br />

transactions in the private sector contrary to<br />

section 9 of the Prevention of Bribery Ordinance;<br />

one was charged for his dealing with government<br />

or public servants contrary to the Prevention of<br />

Bribery Ordinance; 29 persons were charged with<br />

offering bribes to government or public servants<br />

contrary to section 4(1) or section 8 of the<br />

Ordinance; 12 persons were prosecuted for<br />

offences under the Elections (Corrupt and Illegal<br />

Conduct) Ordinance and 361 persons were<br />

prosecuted for offences under the ICAC<br />

Ordinance. In consultation with the ICAC, the<br />

police also undertook the prosecution of three<br />

persons arrested for offering bribes to police<br />

officers during the course of police enquiries.<br />

Appendix 10 shows the type of corruption and<br />

related offences prosecuted in 2000. A<br />

breakdown of persons prosecuted for offences<br />

connected with or facilitated <strong>by</strong> corruption<br />

offences is at Appendix 11.<br />

Referrals<br />

During the year, we referred 1,291 reports<br />

of a non-corruption nature to the appropriate<br />

government departments and public organisations<br />

concerned. Appendix 12 shows the number and<br />

the nature of cases referred to the Complaints<br />

Against Police Office of the Hong Kong Police<br />

Force.<br />

32


,<br />

,<br />

<br />

<br />

<br />

<br />

<br />

A() <br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

DISCIPLINARY OR ADMINISTRATIVE<br />

ACTION AGAINST GOVERNMENT<br />

SERVANTS<br />

On the recommendation of the<br />

Operations Review Committee, we forwarded<br />

reports on alleged misconduct <strong>by</strong> 295 government<br />

servants to the Secretary for the Civil Service and<br />

heads of government departments concerned in<br />

2000, compared to 248 government servants in<br />

1999. Cases involving 168 officers were resolved<br />

<strong>by</strong> the end of the year, resulting in disciplinary<br />

action being taken against 112 officers. Cases<br />

involving 123 officers carried over from 1999<br />

were completed in the current year, resulting in<br />

disciplinary action being taken against 83 officers.<br />

We were concerned about the increasing<br />

abuse of public office <strong>by</strong> government officers and,<br />

in March 2000, forwarded a report on<br />

malfeasance to the Civil Service Bureau and the<br />

Department of Justice. The report recommended<br />

to codify the Common Law offence of Misconduct<br />

in Public Office, with a view to introducing a new<br />

provision in the Prevention of Bribery Ordinance<br />

to penalize public officials who misuse their<br />

offices for personal gain.<br />

REPORT CENTRE AND DETENTION CENTRE<br />

<strong>Report</strong> Centre<br />

The <strong>Report</strong> Centre operates on a 24-hour<br />

basis to receive reports from the public. All<br />

reports received are carefully logged and closely<br />

monitored. In 2000, the <strong>Report</strong> Centre dealt with<br />

6,823 reports and enquiries, compared to 5,926 in<br />

1999. <strong>Report</strong>s and enquiries made to the ICAC’s<br />

Regional Offices are also referred to the <strong>Report</strong><br />

Centre.<br />

Detention Centre<br />

The Department continues to provide<br />

comprehensive detention facilities for persons<br />

detained in ICAC custody. The power to detain<br />

arrested persons is provided in section 10A(2) of<br />

the ICAC Ordinance. The ICAC (Treatment of<br />

Detained Persons) Order sets out the rights and<br />

entitlements of persons being detained. Persons<br />

under detention will receive a “Notice to Persons<br />

Detained” in both Chinese and English containing<br />

details of the Order. This Notice is also displayed<br />

in cells, interview rooms and various other<br />

conspicuous places in the Detention Centre.<br />

33


,<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

,<br />

<br />

%<br />

%<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

( L)<br />

()<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

In 2000, the Department arrested 1,254<br />

persons, of whom 120 were government servants,<br />

compared to 944 arrested and 96 government<br />

servants in 1999. A breakdown <strong>by</strong> types of<br />

offences is at Appendix 13.<br />

During the year, Justices of the Peace<br />

visited the Detention Centre on 23 occasions.<br />

The purpose of these visits is to ensure that the<br />

detention facilities are properly maintained and to<br />

take notice of any requests or complaints that<br />

detainees may wish to make. We report every<br />

such visit to the Director of Administration, thus<br />

facilitating external monitoring of ICAC detention<br />

facilities.<br />

Quick Response Team<br />

The Quick Response Team (QRT) provides<br />

valuable support to Investigation Branches in<br />

dealing with routine and minor cases, thus<br />

enabling the Branches to focus on cases of<br />

substance and complexity. During the year, the<br />

QRT handled a total of 1,195 minor corruption<br />

cases, representing 36% of the total number of<br />

corruption investigations conducted <strong>by</strong> the<br />

Department, compared to 713 cases and 23% in<br />

1999. The QRT comprises officers on temporary<br />

deployment from the Investigation Branches,<br />

therefore depleting the investigative strength of the<br />

Branches, but with funding to create a permanent<br />

establishment for the QRT for implementation on<br />

1 April 2001, this drain on frontline manpower<br />

will cease.<br />

STAFF DISCIPLINE<br />

Internal Investigation and Monitoring<br />

The ICAC’s Internal Investigation and<br />

Monitoring Group (L Group) is under the direct<br />

command of the Director of Investigation/Private<br />

Sector.<br />

The Secretary for Justice advises on all<br />

investigations into allegations of corruption and<br />

related criminal offences against ICAC staff. All<br />

completed investigations are reported to the<br />

Operations Review Committee. Criminal<br />

complaints which are not related to corruption are<br />

referred to the appropriate authority, usually the<br />

Hong Kong Police Force, for investigation.<br />

34


L <br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

An independent ICAC Complaints<br />

Committee receives and considers reports on all<br />

investigations of non-criminal complaints against<br />

ICAC staff and where necessary advises the<br />

Commissioner on any administrative and/or<br />

disciplinary action to be taken.<br />

Allegations of Corruption and/or Other<br />

Crime Against ICAC Officers<br />

In 2000, the Police investigated six cases<br />

involving criminal allegations against ICAC<br />

officers: five cases were unsubstantiated; and an<br />

officer was convicted in a case of driving under<br />

the influence of alcohol and fined <strong>by</strong> the Court. A<br />

further criminal allegation against an ICAC officer<br />

was being investigated <strong>by</strong> the Immigration<br />

Department.<br />

In the year, five cases alleging corruption<br />

against ICAC officers were received and<br />

investigated <strong>by</strong> the L Group. While one case was<br />

unsubstantiated, the other two concerning<br />

unauthorised loans obtained <strong>by</strong> two general grade<br />

officers from personal friends, were substantiated.<br />

Their employment contracts were resolved. The<br />

remaining two cases are still under investigation.<br />

Non-Criminal Complaints Against ICAC<br />

Officers<br />

During the year, 68 non-criminal<br />

complaints against ICAC officers were processed.<br />

They encompassed allegations of misconduct,<br />

rude behaviour, neglect of duty, abuse of power,<br />

denying and delaying access to legal<br />

representation, failing to take proper care of<br />

seizures and failing to properly investigate<br />

complaints.<br />

24 of the complaints processed were<br />

received before 2000. Among these complaints,<br />

four were substantiated, eight were<br />

unsubstantiated, and four were withdrawn before<br />

investigations commenced. The remaining eight<br />

are still under investigation at the end of the year.<br />

Of the 44 complaints registered during the<br />

year, the ICAC Complaints Committee concluded<br />

that six were substantiated and 11<br />

unsubstantiated. In relation to the substantiated<br />

complaints, one officer received a written<br />

warning, two received verbal warnings and three<br />

35


were given suitable advice. Two complaints were<br />

withdrawn. Of the remaining 25 complaints, 11<br />

are still under investigation and 14 are awaiting<br />

the outcome of related corruption investigations<br />

or court proceedings as at the end of the year.<br />

RECRUITMENT AND TRAINING<br />

The Department’s Training School is<br />

responsible for recruiting and training new staff as<br />

well as providing continuous professional<br />

development opportunities for serving officers. In<br />

2000, 33 Assistant Investigators were recruited.<br />

The duration of Stage I Induction Course for these<br />

newly-recruited Assistant Investigators has been<br />

extended to 17 weeks, during which new recruits<br />

receive training in law, evidence and investigation<br />

procedures, with emphasis on operational and<br />

practical aspects. This initial training is followed<br />

<strong>by</strong> a 12-month on-the-job training in one of the<br />

Investigation Branches after which, they return to<br />

the Training School to undergo a two-week Stage<br />

II Induction Course with focus on practical<br />

investigative skill training. On completion of the<br />

Stage II training, the recruits will undergo a further<br />

12-month cross-branch posting. At the end of this<br />

posting period, the recruits will attend a two-week<br />

final stage training - which marks the completion<br />

of the recruit training programme.<br />

In 2000, for the first time, the anticorruption<br />

body of Macau sent three officers to<br />

join the Stage I Induction Course. This paves way<br />

for future training exchanges and closer cooperation<br />

between the Hong Kong and Macau<br />

Special Administrative Regions in fighting<br />

corruption. At the same time, selected ICAC<br />

officers took part in Hong Kong Police Force<br />

Command Courses and the Standard Criminal<br />

Investigation Course at the junior, intermediate<br />

and senior levels. Our Training School instructors<br />

also frequently give anti-corruption talks to other<br />

law enforcement agencies, including the Hong<br />

Kong Police Force. These arrangements enable a<br />

sharing of experience and expertise.<br />

ICAC Higher Training<br />

In October 2000, the Department<br />

organised a strategic Planning Workshop for<br />

Principal Investigators to identify the challenges<br />

facing the Department and map out the<br />

corresponding strategies. The Chairman and a<br />

36


.<br />

.<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

,<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

member of the Operations Review Committee,<br />

Chairman of the Corruption Prevention Advisory<br />

Committee and a consultant from Australia gave<br />

talks and held discussion with participants in the<br />

workshop.<br />

Annual Physical Fitness Test<br />

In November 2000, the Department held<br />

the third Annual Fitness Test for investigating<br />

officers below the age of 50. The test consisted of<br />

a timed 2.4 km run but officers at or above the<br />

age of 45 were given an option for a 4.8 km timed<br />

walk instead. All test results were graded.<br />

Residential Training Camp<br />

The ICAC Residential Training Camp was<br />

officially opened on 11 August 2000. The<br />

ceremony also marked the passing out of 51<br />

trainees of the Common Induction Course. Camp<br />

facilities include 14 residential quarters, four<br />

training rooms, four syndicate rooms, a computer<br />

room, a gymnasium, a basketball court and a<br />

barbecue site. Since its opening, over 13 courses<br />

totalling 56 training days were held in the camp<br />

for over 1,454 participants.<br />

Mentoring Programme<br />

The Department implemented a<br />

mentoring programme in August 2000. Several<br />

experienced Senior Investigators were appointed<br />

as mentors to the newly recruited investigating<br />

officers to ensure the latter receive appropriate onthe-job<br />

training and ready guidance. A Guardian<br />

System runs parallel with the mentoring<br />

programme to enhance the sense of belonging<br />

among the new recruits.<br />

Assessment Centre<br />

To ensure objectivity and fairness of the<br />

promotion system, the Department set up an<br />

Assessment Centre to test candidates’ core<br />

competences in the Assistant Investigator to<br />

Investigator Promotion Exercise scheduled for<br />

February 2001. The most competent candidates<br />

will appear before an interview board. A<br />

candidate’s suitability for promotion will be<br />

assessed based on the Assessment Centre’s score,<br />

his track record and performance in front of the<br />

final board.<br />

37


OPERATIONAL LIAISON<br />

During the year, senior officers of the<br />

Department held seven meetings with senior<br />

officers of other disciplined services to enhance<br />

operational liaison. A Directorate officer from the<br />

Operations Department together with<br />

representatives from the Corruption Prevention<br />

Department and Community Relations<br />

Department attended four meetings with senior<br />

management of the Police to discuss various anticorruption<br />

strategies. ICAC officers conducted six<br />

briefings to update the Police Formation<br />

Commanders about corruption problems and<br />

trends. We also organised seven operational<br />

workshops or seminars for police officers at and<br />

below the rank of Superintendent.<br />

International Liaison and Mutual Assistance<br />

During the year, co-operation and mutual<br />

assistance between the ICAC and our<br />

international counterparts and the Mainland<br />

People’s Procuratorates continued. The<br />

International and Mainland Liaison Section<br />

arranged ICAC officers to visit the Mainland on 29<br />

occasions to interview a total of 34 witnesses.<br />

Similarly, the Section offered assistance on 69<br />

occasions to investigators from various Mainland<br />

procuratorates coming to Hong Kong to interview<br />

a total of 115 Hong Kong residents as witnesses.<br />

Under the Mutual Legal Assistance in<br />

Criminal Matters Ordinance, the Secretary for<br />

Justice can authorize ICAC investigators to<br />

conduct formal corruption-related enquiries in<br />

response to legitimate requests from overseas.<br />

These include interviewing witnesses and<br />

suspects, executing search warrants in pursuit of<br />

evidence, examining bank accounts and<br />

documents, and restraining assets. This<br />

legislation has reinforced our ability to assist our<br />

overseas counterparts in conducting investigations<br />

in Hong Kong.<br />

Liaison Meetings<br />

To enhance co-operation and<br />

understanding with overseas law enforcement<br />

agencies on matters of mutual interest, Head of<br />

Operations held annual liaison meetings with<br />

senior legal liaison representatives from agencies<br />

such as the Federal Bureau of Investigation of the<br />

38


USA, the Royal Canadian Mounted Police and the<br />

Australian Federal Police.<br />

First ICAC Symposium<br />

We held the First ICAC Symposium<br />

entitled “New Era, New Challenge” in the Hong<br />

Kong Convention and Exhibition Centre between<br />

13 - 15 November 2000. It was attended <strong>by</strong><br />

over 440 delegates from 157 different agencies<br />

and organisations covering 35 jurisdictions around<br />

the world. A total of 24 distinguished speakers<br />

from different corners of the world shared their<br />

experience and insight with the delegates. The<br />

symposium has helped to strengthen existing<br />

partnership and forge new links to expand the<br />

scope of multilateral co-operation among various<br />

law enforcement agencies as well as that between<br />

the public and private sectors. The ICAC<br />

Symposium will be a biennial event to advance<br />

the common cause of fighting corruption together<br />

with our overseas counterparts.<br />

WITNESS PROTECTION<br />

The Witness Protection and Firearms<br />

Section, comprising qualified firearms instructors<br />

and other specially trained officers, is responsible<br />

for training Arms Issued Officers, managing<br />

witness protection programmes and planning<br />

tactical operations such as arresting potentially<br />

violent persons, forced entry and securing high<br />

risk premises.<br />

The Section’s role in protecting witness<br />

and managing Witness Protection Programmes is<br />

legally based upon the Witness Protection<br />

Ordinance which came into effect on 9<br />

November 2000. The Commissioner has<br />

appointed the Director of Investigation<br />

/Government Sector as the approving authority for<br />

the inclusion of witness in the Witness Protection<br />

Programmes.<br />

INFORMATION TECHNOLOGY<br />

In June 2000, the Department launched<br />

the Operations Department Information System.<br />

The system provides, inter alia, online complaints<br />

registration, case management, statistics reporting,<br />

operations control management and intelligence<br />

analysis capabilities. It enhances the efficiency<br />

39


and effectiveness of officers in carrying out<br />

investigations.<br />

The Operations Department Local Area<br />

Network has attracted a high usage rate and<br />

become instrumental in discharging officers’ daily<br />

duties. The system is being upgraded to cope<br />

with increasing demand which has already<br />

exceeded the system’s capacity. In the year, the<br />

Department has also achieved the goal of<br />

providing every investigator with a networked<br />

workstation, thus enhancing the overall<br />

communication and operational efficiency.<br />

The Computer Forensics and Research<br />

and Development Section has been effective in<br />

tackling crimes related to or facilitated <strong>by</strong> the use<br />

of computers. During the year, the Section seized<br />

over 170 computers that were suspected to<br />

contain evidential data or information material to<br />

investigations. The Section is also working with<br />

local universities and both local and overseas law<br />

enforcement agencies in organising computer<br />

forensics courses and setting up standard<br />

computer investigation procedures. It is the<br />

Department’s plan that all investigating officers<br />

will undergo basic computer forensics training.<br />

The accountants of the Financial<br />

Investigation Section continue to provide<br />

professional support to investigating groups in<br />

asset-tracing and analyzing, interpreting and<br />

presenting financial data and profiles. During the<br />

year, the Section conducted 125 analyses<br />

involving approximately 180 target persons and<br />

companies.<br />

40


Chapter 5<br />

Corruption Prevention Department<br />

<br />

(d)(e)(f)()<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

In accordance with section 12(d), (e) and<br />

(f) of the Independent Commission Against<br />

Corruption Ordinance, the Corruption Prevention<br />

Department examines the practices and<br />

procedures of government departments and public<br />

bodies, and makes recommendations on how<br />

corruption opportunities can be eliminated or<br />

reduced. This is done <strong>by</strong> way of assignment<br />

studies which critically review specific work areas<br />

in the public sector. The Department also advises<br />

private organizations, on their requests, on ways<br />

and means to prevent corruption.<br />

STRUCTURE AND ESTABLISHMENT<br />

The Department, headed <strong>by</strong> a Director<br />

who is assisted <strong>by</strong> two Assistant Directors, is made<br />

up of five Assignment Groups, the Advisory<br />

Services Group and the Management Group.<br />

Each Assignment Group comprises a Group Head<br />

and six Senior Assignment Officers/Assignment<br />

Officers, and is responsible for a number of<br />

government departments and public bodies. The<br />

Advisory Services Group handles requests for<br />

corruption prevention advice from the private<br />

sector. The Management Group provides<br />

administrative and clerical support to the<br />

Department. At the end of 2000, the Department<br />

had a strength of 55 officers.<br />

REVIEW OF WORK<br />

In 2000, the Department met all its policy<br />

commitments for 2000 and completed 106<br />

detailed assignment studies of which 71 were<br />

related to the work of government departments<br />

and 35 that of public bodies. The areas examined<br />

included public procurement, staff management,<br />

law enforcement, contract administration,<br />

licensing and regulatory control. In selecting<br />

areas in the public sector for examination, the<br />

Department gives priority to corruption prone<br />

areas as identified in corruption complaints and<br />

cases investigated <strong>by</strong> the Operations Department.<br />

Recommendations to improve the systems studied<br />

are contained in assignment reports which are<br />

considered <strong>by</strong> the Corruption Prevention Advisory<br />

Committee. A full list of the assignment reports<br />

endorsed <strong>by</strong> the Committee in 2000 is at<br />

Appendix 14.<br />

41


In addition to the assignment studies, the<br />

Department provides timely corruption prevention<br />

advice, through consultation, to government<br />

departments and public bodies in the formulation<br />

of new initiatives, policies and procedures.<br />

Government bureaux and departments also<br />

consult the Department on legislative proposals to<br />

ensure that they would not give rise to corruption<br />

opportunities. In 2000, the Department<br />

undertook such consultation work on 278<br />

occasions.<br />

During the year, the Department<br />

continued to publish Best Practice Packages (BPP)<br />

containing advice on ways and means to<br />

minimize corruption opportunities in particular<br />

work areas. These BPPs, available free of charge<br />

to the public, are popular, particularly with small<br />

and medium sized enterprises which do not have<br />

the resources or capability for developing internal<br />

control systems. Because of their wide<br />

distribution, the BPPs became a cost-effective<br />

means to promote corruption prevention in both<br />

the public and private sectors.<br />

Building on the success of the<br />

“Construction 2000” seminar in December 1999,<br />

which has helped to raise the awareness of the<br />

construction industry in corruption prevention and<br />

ethical practices, we formed a task force<br />

comprising officers from all the three Departments<br />

of the Commission to promote industry best<br />

practices and to launch an awareness programme<br />

for both the public and private sectors. We<br />

recommended that government departments<br />

should take the lead in introducing best practices<br />

in key areas such as tendering, sub-contracting,<br />

site supervision and material testing. We also<br />

advocated the promulgation of a staff code of<br />

conduct as one of the listing requirements for<br />

government contractors and consultants. We<br />

provided corruption prevention and ethics training<br />

to all levels of personnel in the industry, including<br />

training at construction sites and in constructionrelated<br />

courses provided <strong>by</strong> tertiary and<br />

vocational training institutions.<br />

In 2000, the Advisory Services Group<br />

continued its pro-active approach in providing a<br />

free and confidential corruption prevention<br />

service to private sector organizations and<br />

individuals. Typically we provided advice on<br />

42


,<br />

<br />

<br />

<br />

,<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

tendering and procurement systems, staff<br />

administration, stock control, production and<br />

retail processes, and advised on promulgation of<br />

staff codes of conduct. The Group responded to<br />

all requests within two working days as pledged<br />

and provided advice on 300 occasions to<br />

organizations engaged in a wide variety of<br />

businesses.<br />

ASSIGNMENTS<br />

Government Departments<br />

Food and Environmental Hygiene<br />

Department (FEHD) - Field Supervision,<br />

Hawker Control and Complaints Handling<br />

Upon reorganization of the<br />

responsibilities for municipal services in January<br />

2000, together with FEHD we identified a number<br />

of corruption prone areas for review. These<br />

included the supervision of field staff, hawker<br />

control operations and complaints handling<br />

procedures.<br />

The studies revealed a number of<br />

problems and procedural weaknesses. Duties<br />

such as street cleaning, refuse collection and gully<br />

emptying were undertaken <strong>by</strong> about 6,000<br />

workmen. Supervision was difficult because they<br />

worked in widely scattered locations, and some<br />

front-line supervisors had neglected their<br />

supervisory responsibilities. In the control of<br />

hawkers which involved some 2,700 officers,<br />

corruption opportunities for tipping off illegal<br />

hawkers of impending raids and conniving at<br />

substitution of arrested hawkers were identified.<br />

We further observed that some complaints<br />

directed at staff malpractice were not handled<br />

properly and expeditiously.<br />

We recommended that FEHD should step<br />

up staff training to bring about a fundamental<br />

change in staff culture and work attitude, build up<br />

an accountable system of staff management, draw<br />

up performance benchmarks to ensure the staff are<br />

fully employed, and set up an independent<br />

Quality Audit Unit to check the work of the field<br />

staff. In the case of hawker control, we<br />

recommended that FEHD should require officers<br />

to report the particulars of arrested hawkers to<br />

their senior officers immediately upon making an<br />

arrest to prevent substitution, and conduct surprise<br />

43


(<br />

)<br />

<br />

<br />

<br />

cross-district operations to enhance the<br />

unpredictability of raids. To ensure complaints<br />

about staff are investigated impartially, we<br />

recommended that these complaints should be<br />

handled <strong>by</strong> officers not involved in the day-to-day<br />

operations and the results of investigations should<br />

be scrutinized <strong>by</strong> a panel of senior officers.<br />

Housing Department (HD) - Construction of<br />

Public Housing Flats<br />

Following a number of corruption cases in<br />

public housing construction projects, we carried<br />

out an overall review of HD’s site supervision<br />

system to see how the corruption prevention<br />

aspect of the system could be strengthened. We<br />

identified a host of issues that had led to quality<br />

and corruption problems on site. These issues,<br />

covering both management and operational<br />

matters, included staff integrity, site organization,<br />

letting of contracts, site inspection arrangements,<br />

and material testing.<br />

In the course of the review, we prepared a<br />

guidance note for HD staff to enhance their<br />

integrity awareness when dealing with<br />

contractors, promoted commitment to ethical<br />

practices <strong>by</strong> contractors and consultants working<br />

for HD, provided integrity training for the site staff<br />

of consultants and contractors, and participated in<br />

HD’s own reviews of the arrangements for site<br />

inspection, selection and employment of<br />

consultants, and control of piling works.<br />

In addition, we studied the quality control<br />

procedures adopted <strong>by</strong> HD for Private Sector<br />

Participation Scheme Projects and for the<br />

employment of contractors for installation of<br />

building services works in new works projects.<br />

For Private Sector Participation Scheme Projects,<br />

HD employs Monitoring Surveyors to oversee the<br />

quality of site works. To enhance their<br />

accountability, we recommended that HD should<br />

lay down guidelines for assessing the performance<br />

of Monitoring Surveyors and require them to<br />

submit on time their plans for monitoring the<br />

quality of site works. For the procurement of<br />

building services works, we recommended that<br />

HD should avoid using brand names in contract<br />

specifications, and should conduct technical<br />

assessments on listed contractors who have not<br />

carried out work for HD exceeding a specified<br />

period.<br />

44


Customs and Excise Department (C&ED) -<br />

Enforcement Against Illegal Sale and Use of<br />

Fuel Oil<br />

Duty free industrial diesel oil (i.e. marked<br />

oil) is for the legitimate use of factories,<br />

construction sites and vessels only. Given an<br />

increasing number of illegal outlets selling<br />

marked oil to professional drivers and complaints<br />

alleging Customs officers protecting the illegal<br />

operators, we examined the procedures for the<br />

control of illegal sale of fuel oil.<br />

The study noted that while oil companies<br />

were licensed to import, store and sell fuel oil,<br />

they were not required to account for the sale of<br />

marked oil to distributors and bulk purchasers.<br />

This weakened the control mechanism and<br />

C&ED’s enforcement efforts had to concentrate at<br />

the retail level. To tackle the problem at source,<br />

we recommended that C&ED should conduct an<br />

overall review of the marked oil scheme with a<br />

view to better monitoring the bulk sale of marked<br />

oil to distributors and heavy users, so that the sale<br />

of marked oil could be more effectively<br />

controlled. To prevent possible tipping off, we<br />

also recommended measures to enhance the<br />

unpredictability of the raiding operations carried<br />

out <strong>by</strong> Customs officers.<br />

Electrical and Mechanical Services<br />

Department (E&MSD) - Approval and<br />

Inspection of Liquefied Petroleum Gas<br />

Cylinders and Vehicles<br />

The Gas Standard Office is responsible<br />

for enforcing the Gas Safety Ordinance, which<br />

covers approval and inspection of liquefied<br />

petroleum gas cylinders and vehicles. Following<br />

a number of complaints from members of the<br />

public on suspected breaches of the Gas Safety<br />

Ordinance <strong>by</strong> liquefied petroleum gas (LPG)<br />

retailers, we reviewed the E&MSD enforcement<br />

procedures. The study concluded that E&MSD<br />

should strengthen the security of the permit<br />

database on LPG vehicles, review the<br />

enforcement policy against unattended LPG<br />

vehicles, enhance supervision of the inspection<br />

teams, and step up publicity of the Gas Safety<br />

Ordinance to encourage reports on suspected<br />

breaches.<br />

45


Hong Kong Police Force - Massage<br />

Establishment Licences<br />

The licensing of massage establishments<br />

and the enforcement of licence conditions are<br />

governed <strong>by</strong> the Massage Establishments<br />

Ordinance. The Commissioner of Police is the<br />

licensing authority and is responsible for enforcing<br />

the Ordinance. Following the conviction of a<br />

police sergeant for accepting free massage<br />

services and unauthorized loans from a massage<br />

establishment operator, we reviewed the Police’s<br />

licensing and enforcement procedures. The<br />

review showed that there were inherent<br />

corruption risks in the system, as massage<br />

establishment operators had an incentive to bribe<br />

police officers in order to expedite the issue of a<br />

licence or for advance warning of police<br />

inspections and raids.<br />

We recommended that supervision and<br />

control in the licensing and enforcement<br />

procedures should be enhanced. Guidelines<br />

governing the assessment of applications should<br />

be laid down and supervisory checks should be<br />

conducted on applications which were approved<br />

despite adverse comments had been received<br />

from police districts or neighbouring residents.<br />

Supervisors of enforcement teams should add<br />

targets to the planned inspection schedules at<br />

short notice to reduce the risk of tipping off, and<br />

there should be clear instructions prohibiting<br />

officers from patronizing massage establishments<br />

or accepting entertainment from operators with<br />

whom they have official dealings.<br />

Information Technology Services Department<br />

(ITSD) - Letting and Administration of<br />

Contracts for Provision of Information<br />

Technology Contract Staff<br />

To cater for the increasing workload<br />

arising from computer projects in government,<br />

ITSD appoints a number of term contractors to<br />

supply information technology staff for selection<br />

<strong>by</strong> ITSD to work on computer projects in<br />

government departments. These staff are not<br />

employees of government and the period of their<br />

service varies with project.<br />

To ensure that the computer project<br />

contracts are awarded in an open and competitive<br />

manner, we recommended that ITSD should<br />

require contract staff participating in tender<br />

46


selection exercises to declare conflict of interest.<br />

In providing their services, the contract staff are<br />

allowed access to government information and<br />

work closely with officers of various departments.<br />

To prevent abuse, we recommended that ITSD<br />

should include in the contract a condition<br />

requiring the staff to abide <strong>by</strong> the rules on<br />

information confidentiality and prohibiting the<br />

contractors and their employees from soliciting or<br />

accepting advantages in the course of providing<br />

their services. ITSD should also conduct<br />

performance appraisal on both the contractors and<br />

the contract staff to ensure that only those who<br />

perform well are offered further employment.<br />

Official Receiver’s Office (ORO) -<br />

Accounting Management of Insolvency Cases<br />

To protect the interest of creditors, ORO<br />

conducts financial investigation on insolvency<br />

cases with a view to recovering assets and<br />

detecting unfair preference or suspicious disposal<br />

of assets. ORO also administers and invests funds<br />

of the insolvency estates in order to maximize<br />

returns. We identified a number of procedural<br />

weaknesses in the financial investigation and<br />

funds investment systems. As ORO invests a<br />

substantial amount of money through banks, we<br />

recommended that it should maintain fair<br />

competition through open invitation and make<br />

transparent the pre-qualification criteria for<br />

inclusion of banks on an approved list. It should<br />

establish a secure system for receiving quotations<br />

of bank interest rates and provide an instruction<br />

manual to consolidate the investment procedures<br />

and practices. ORO should also conduct annual<br />

reviews on investment arrangements including the<br />

investment limits and the competitiveness of each<br />

of the approved banks.<br />

Television and Entertainment Licensing<br />

Authority (TELA) - Licensing of Amusement<br />

Game Centres<br />

The Amusement Game Centre Ordinance<br />

requires operators of amusement game centres to<br />

obtain a licence issued <strong>by</strong> TELA which is also<br />

responsible for checking compliance of licence<br />

conditions. A review of the licensing and<br />

enforcement procedures showed that there were<br />

risks of abuse in the system. Licence applications<br />

were vetted in accordance with a set of criteria,<br />

for example, a centre should not be located within<br />

a 100-metre radius of a school. However,<br />

47


licensing officers have the discretion to accept a<br />

borderline application on the ground that the<br />

school is only partly located within the 100-metre<br />

radius. For two or more applications competing<br />

to operate a centre within this limit, only one will<br />

be processed on a first-come-first-served basis.<br />

Hence, applicants may have an incentive to bribe<br />

the officers to ensure acceptance and speedy<br />

processing of their applications. The officers<br />

responsible for checking compliance of licence<br />

conditions are also vulnerable to offers of bribes<br />

from operators for ignoring breaches of licence<br />

conditions.<br />

We recommended that TELA should draw<br />

up criteria for processing borderline applications<br />

and require senior officers to counter-check the<br />

prioritisation of competing applications. We also<br />

recommended that TELA should step up<br />

supervision on inspection officers <strong>by</strong> establishing<br />

a task force to conduct independent surprise<br />

inspections on licensed premises. Furthermore,<br />

TELA should review their powers under the<br />

Ordinance to ensure that their officers can carry<br />

out the enforcement duties effectively.<br />

Public Bodies<br />

Estate Agents Authority (EAA) - Work of the<br />

Compliance and Regulations Section<br />

The EAA regulates the work of estate<br />

agents and enforces the licence conditions and<br />

regulations of the Estate Agents Ordinance. Staff<br />

of the Compliance and Regulations Section<br />

conduct routine inspections of estate agencies as<br />

well as targeted inspections for the investigation of<br />

complaints concerning non-compliance with the<br />

Estate Agents Ordinance.<br />

We studied the work of this Section and<br />

recommended that EAA should generate the list<br />

for routine inspections randomly <strong>by</strong> computer<br />

shortly before the departure of the inspection<br />

team. To deal with complaints effectively, EAA<br />

should properly record follow-up actions and<br />

enhance supervisory monitoring of the complaint<br />

results. To facilitate identification, EAA should<br />

include the photograph of the licence holder on<br />

the licences. EAA should also maintain<br />

precedents of disciplinary penalties which should<br />

be made known to the estate agents to enhance<br />

transparency and deterrence.<br />

48


Hong Kong Examinations Authority (HKEA) -<br />

Conduct of Practical Examinations<br />

In the year 2000 Hong Kong Advanced<br />

Level Examination, a Centre Examiner and his<br />

assistant for the physics practical examination<br />

were convicted for disclosing to their students the<br />

experiment equipment to be used in the practical<br />

examination. We followed up the case with an<br />

immediate review of HKEA’s procedures for the<br />

conduct of practical examinations, which<br />

identified weaknesses in the handling of<br />

examination information.<br />

We recommended that all examination<br />

personnel who have access to examination<br />

information should undertake in writing not to<br />

disclose any examination information without<br />

authorization. HKEA should require examiners<br />

who are responsible for marking answer scripts to<br />

declare whether they have any teaching duties or<br />

involvement in the work of tutorial schools and<br />

whether they have relatives or friends sitting for<br />

the examination. To enhance the security of<br />

examination information, all documents<br />

containing examination information should be<br />

classified and boxes containing examination<br />

equipment delivered to the examination centres<br />

should be properly sealed and accounted for.<br />

Kowloon-Canton Railway Corporation<br />

(KCRC) - Freight Operations<br />

KCRC operates Freight Terminals for rail<br />

transportation of cargo and livestock between<br />

Hong Kong and the Mainland. Following the<br />

prosecution of a Freight Operations Manager for<br />

accepting bribes to facilitate smuggling of goods<br />

into the Mainland, we examined KCRC’s freight<br />

operations. We recommended that in addition to<br />

improved communication between KCRC and the<br />

Customs and Excise Department, KCRC should<br />

tighten access control and overnight security of<br />

wagons at the Lo Wu Marshalling Yard (LWMY),<br />

and the seals used for securing loaded and empty<br />

wagons should be kept under the personal<br />

custody of a designated officer and properly<br />

accounted for. We also recommended that the<br />

occasional loading of goods at LWMY should be<br />

properly approved and clearly documented.<br />

Moreover, supervisory officers should promptly<br />

look into any irregularities reported <strong>by</strong> staff and<br />

document any follow-up checks or actions taken.<br />

49


Securities and Futures Commission (SFC) -<br />

Work of the Enforcement Division<br />

The Enforcement Division of SFC<br />

monitors unusual share price and volume<br />

movements, investigates suspicious cases and<br />

takes disciplinary actions against registered<br />

entities. As illicit activities relating to securities<br />

and futures trading could involve very substantial<br />

sums of money, there is incentive for persons<br />

involved in such activities to bribe enforcement<br />

officers for curtailing an investigation or ignoring<br />

unusual fluctuations in share price and volume.<br />

We recommended that SFC should issue<br />

instructions to staff prohibiting any unauthorized<br />

private contacts with persons who are subjects of<br />

an enquiry <strong>by</strong> SFC. To prevent corrupt tipping off<br />

of impending searches, the Enforcement Division<br />

should issue security guidelines on pre-search<br />

briefings for officers, in particular restricting the<br />

announcement of the search targets and<br />

operational details to the very last moment.<br />

CONSULTATION ACTIVITIES<br />

Civil Service Bureau - Civil Service Integrity<br />

In the past year, we worked closely with<br />

the Civil Service Bureau in reviewing regulations<br />

and guidelines governing civil service integrity as<br />

part of the civil service integrity programme.<br />

From the corruption prevention angle, we<br />

commented on a wide range of Civil Service<br />

Bureau regulations and circulars covering subjects<br />

such as managing conflict of interest, acceptance<br />

of advantages and sponsored visits, declaration of<br />

investment, acceptance of donations, and<br />

handling of gifts presented to officers at official<br />

functions. We also made recommendations to<br />

improve the management of heavily indebted<br />

officers. Our input contributed to the effort of the<br />

Civil Service Bureau in revising the relevant<br />

regulations and circulars to provide more detailed<br />

guidelines for managing the integrity of<br />

government officers. During the year, we also<br />

assisted individual departments to draw up their<br />

own staff codes of conduct, covering aspects such<br />

as acceptance of advantages and entertainment.<br />

The codes included specific examples of conflict<br />

of interest situations and unethical behaviour<br />

relevant to the work of the departments concerned<br />

to assist staff in complying with the requirements.<br />

50


Finance Bureau - Proposed Amendments to<br />

the Stores and Procurement Regulations<br />

(SPR) on Conflict of Interest<br />

Finance Bureau sought our comments on<br />

the proposed SPR amendments dealing with<br />

conflict of interest between the duties of public<br />

officers involved in government procurement and<br />

their private interests. We advised that “private<br />

interest” should be clearly defined; declaration<br />

and action taken should be properly documented;<br />

committees and working groups responsible for<br />

preparing tender specifications should be required<br />

to declare possible interest in any particular brand<br />

of goods and type of service; and the chairperson<br />

of a tender evaluation or assessment meeting<br />

should ask members to specifically declare<br />

whether or not they have an interest in any of the<br />

bidders. To build in the necessary safeguards, we<br />

also advised on the format of the undertaking on<br />

avoidance of conflict of interest to be signed <strong>by</strong><br />

members of tender opening teams and<br />

tender/consultant selection boards.<br />

Department of Health - Registration of<br />

Chinese Medicine Practitioners<br />

The Chinese Medicine Ordinance enacted<br />

in July 1999 provides for the registration of<br />

Chinese Medicine Practitioners <strong>by</strong> stages. From<br />

the start of the registration scheme, we have<br />

worked closely with the Department of Health to<br />

ensure that corruption prevention measures are<br />

incorporated in the system being developed.<br />

Under the scheme, practitioners could apply to<br />

the Chinese Medicine Council for an assessment<br />

of their qualifications for the purpose of<br />

registration <strong>by</strong> 31 December 2000, after which<br />

they must pass an open qualifying examination.<br />

In respect of the assessment, we recommended<br />

that staff involved in the vetting process should<br />

declare conflict of interest and practitioners’<br />

records in the computer should be protected from<br />

unauthorized amendments. As some practitioners<br />

would be required to attend an oral examination<br />

to determine their eligibility, we advised that the<br />

allocation of candidates to different assessment<br />

panels should be on a random basis. To prevent<br />

abuse in the examination process, we<br />

recommended that staff given access to<br />

examination information should be required to<br />

sign a confidentiality undertaking. We also<br />

recommended measures to protect the security of<br />

examination questions.<br />

51


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Hong Kong Exchanges and Clearing Ltd.<br />

(HKEx) - Guidelines on Acceptance of<br />

Advantages<br />

The merger of the stock and futures<br />

exchanges was completed in March 2000. In<br />

view of the importance of its functions, HKEx was<br />

made a scheduled public body under the<br />

Prevention of Bribery Ordinance. We have since<br />

commented on its guidelines for Board and<br />

Committee Members on acceptance of<br />

advantages, declaration and avoidance of conflict<br />

of interest and information security. We have also<br />

provided advice to HKEx on its code of conduct<br />

for staff in relation to the solicitation and<br />

acceptance of advantages and entertainment, and<br />

declaration of interest and investments.<br />

Housing Department (HD) - Private Sector<br />

Involvement (PSI) Scheme<br />

Under HD’s PSI Scheme, the building<br />

management services in public housing estates are<br />

contracted out <strong>by</strong> tender to property services<br />

companies. To prevent possible malpractices in<br />

the implementation of the PSI Scheme, we<br />

recommended that HD should require officers<br />

sitting on the contractor selection panel to declare<br />

conflict of interest, that selected contractors<br />

should promulgate a code of conduct for<br />

compliance <strong>by</strong> their employees, and that HD<br />

should establish a system for effectively<br />

monitoring contractors’ performance.<br />

To provide staff affected <strong>by</strong> the PSI<br />

Scheme an opportunity to join the private sector,<br />

HD introduced the Management Buy Out<br />

Scheme, under which staff could opt for early<br />

retirement and form private companies to bid for<br />

the service contracts. We recommended that HD<br />

should set up independent panels for assessing the<br />

competing applications. To ensure fair<br />

competition, we also recommended that HD<br />

should warn the companies concerned that<br />

collusion in tendering for the service contracts is<br />

an offence under the Prevention of Bribery<br />

Ordinance.<br />

Immigration Department - The New Identity<br />

Card System<br />

In planning for the issue of new identity<br />

cards to residents of Hong Kong, the Immigration<br />

Department has appointed a consultant for a<br />

52


feasibility study of the computerized New Identity<br />

Card System. At a later stage, a contractor for the<br />

production of identity cards would also be<br />

appointed. As the appointed consultant would<br />

have access to confidential personal data, and in<br />

view of the substantial cost and size of the New<br />

Identity Card System, we have given advice at<br />

different stages of the project to ensure measures<br />

are in place to prevent corruption and abuse.<br />

During the year, we recommended that<br />

Immigration Department should incorporate<br />

conditions in the consultancy agreement to<br />

prohibit unauthorized disclosure of information<br />

<strong>by</strong> the appointed consultant and his employees<br />

involved in the project, and require them to<br />

declare conflict of interest. We also<br />

recommended that if the consultant intended to<br />

bid for the contracts in the subsequent phases of<br />

the project, he should not be tasked to draw up<br />

the tender specifications for these contracts.<br />

Mandatory Provident Fund Schemes<br />

Authority (MPFA) - Review on Internal and<br />

External Guidelines<br />

MPFA is responsible for the<br />

administration and enforcement of the Mandatory<br />

Provident Fund Schemes Ordinance. Its functions<br />

include registering Mandatory Provident Fund<br />

schemes and trustees, and conducting inspections<br />

and investigations to ensure legislative<br />

requirements are complied with. We have been<br />

providing advice to MPFA since its establishment<br />

in 1998 to ensure that corruption prevention<br />

safeguards are in place in the formulation of<br />

systems and procedures. During the year, we<br />

assisted MPFA in promulgating a code of conduct<br />

for its staff. We also reviewed its guidelines to<br />

applicants on the registration of Mandatory<br />

Provident Fund schemes and trustees, and its<br />

operating manual on the processing of registration<br />

applications. To strengthen control, we<br />

recommended that MPFA should process<br />

applications on a first-come-first-served basis, that<br />

inspections should be conducted <strong>by</strong> two officers,<br />

and that senior officers should carry out spotchecks<br />

to verify the result of the inspections.<br />

ADVISORY SERVICES<br />

During the year, the Advisory Services<br />

Group continued to actively offer a free and<br />

confidential corruption prevention service to<br />

53


private sector organizations and individuals. The<br />

Group responded to all requests within two<br />

working days as pledged and provided advice on<br />

300 occasions to organizations engaged in a wide<br />

range of businesses.<br />

One of our policy initiatives in 2000 was<br />

to offer corruption prevention advisory services to<br />

all registered service providers under the<br />

Mandatory Provident Fund Scheme. To achieve<br />

this, the Advisory Services Group visited all the<br />

registered trustees and provided them with advice<br />

on promulgating staff codes of conduct, handling<br />

sensitive and confidential commercial<br />

information, and incorporating probity clauses in<br />

the agreements with their service providers such<br />

as investment managers, custodians and<br />

administrators.<br />

In view of the substantial sum of money<br />

that the Housing Authority entrusts to individual<br />

Owners Corporations formed in former public<br />

housing estates arising from the implementation of<br />

the Tenants Purchase Scheme, the Advisory<br />

Services Group approached all the 12 Owners<br />

Corporations formed under the Scheme to provide<br />

them with corruption prevention advice on<br />

accounting and cash handling procedures,<br />

procurement of supplies and services, and<br />

declaration of conflict of interest.<br />

The School Based Management initiative<br />

introduced <strong>by</strong> the Education Department results in<br />

schools taking on more administrative<br />

responsibilities and functions. The Group offered<br />

its advisory services to all aided schools to assist<br />

them in properly discharging these responsibilities<br />

and functions, and over 70 schools had<br />

approached the Group for tailor-made advice<br />

during the year.<br />

54


Chapter 6<br />

Community Relations Department<br />

(g)<br />

(h)()<br />

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The Community Relations Department is<br />

responsible for educating the public against the<br />

evils of corruption and harnessing support for the<br />

ICAC. These duties are laid down in section 12(g)<br />

and (h) of the Independent Commission Against<br />

Corruption Ordinance.<br />

STRUCTURE AND ESTABLISHMENT<br />

The Department is headed <strong>by</strong> a Director<br />

and operates through two Divisions. Division 1<br />

comprises mainly specialist units to publicise anticorruption<br />

messages through the mass media.<br />

Division 2 is responsible for establishing face-toface<br />

contact with the public for in-depth<br />

corruption prevention education. Except for the<br />

Hong Kong Mainland Liaison Office which is<br />

located at the departmental headquarters,<br />

Division 2 operates eight Regional Offices which<br />

reach out to the community and serve as focal<br />

points for receiving complaints and enquiries<br />

about corruption. The distribution of the Regional<br />

Offices is at Appendix 15. At the end of 2000, the<br />

Department had a strength of 208.<br />

REVIEW OF WORK<br />

In 2000, the Department continued to<br />

publicise anti-corruption messages and entrench<br />

community support through extensive preventive<br />

education programmes and special projects<br />

focusing on government employees, young<br />

people, and selected professional groups and<br />

vulnerable trades in the business sector in Hong<br />

Kong. The Department also continued to<br />

maintain public awareness of the evils of<br />

corruption through the use of the mass media.<br />

MASS MEDIA<br />

The mass media provide an effective<br />

channel for publicising the work of the ICAC and<br />

ensuring that the public remain vigilant to the<br />

threat of corruption. During the year, the<br />

Department launched three advertising packages<br />

to publicise the perseverance of the ICAC in<br />

fighting corruption, urge the public to report<br />

corruption and promote clean election for the<br />

Legislative Council Elections held in September<br />

2000.<br />

In 2000, the Department also produced<br />

three spot series to foster public understanding of<br />

55


(http://www.icac.org.hk)<br />

<br />

teen<br />

(http://www.icac.org.hk/teensland)<br />

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the anti-bribery legislation and support of the<br />

work of the ICAC. The first spot series was<br />

specially produced for the business sector to<br />

depict corruption problems of different trades and<br />

introduce preventive measures to plug corruption<br />

loopholes. The second spot series featured short<br />

stories about the corruption problems commonly<br />

encountered <strong>by</strong> the public in their daily lives and<br />

the ways to handle these problems. The third spot<br />

series was released to tie in with the Legislative<br />

Council Elections in September to publicise the<br />

clean election messages.<br />

Riding on the overwhelming response of<br />

the TV cartoon series entitled “Gee-dor-dor” for<br />

children launched in 1999, the Department<br />

produced the second “Gee-dor-dor” cartoon series<br />

in 2000 to promote positive values to young<br />

children. The Project Team of the cartoon series<br />

was presented with the Outstanding Performance<br />

Award for Crime Fighting Staff <strong>by</strong> the Fight Crime<br />

Committee in the year.<br />

In addition to the ICAC Corporate Website<br />

(http://www.icac.org.hk), the Department<br />

launched in April 2000 a new website named as<br />

Teensland (http://www.icac.org.hk/teensland). It<br />

opened up a channel for the Commission to<br />

interact with young people on issues relating to<br />

anti-corruption and to instill positive values to<br />

young people in a lively and interesting way.<br />

PUBLIC SECTOR<br />

Upholding a clean civil service is of<br />

utmost importance in maintaining public<br />

confidence in the HKSAR Government. In the<br />

year, the Department together with the Civil<br />

Service Bureau, implemented the second phase of<br />

the Civil Service Integrity Programme, visited 31<br />

government departments to render them<br />

assistance in drawing up departmental guidelines<br />

and mapping out tailor-made training programmes<br />

and produced a publication entitled “Ethical<br />

Leadership in Action - Handbook for Senior<br />

Managers in the Civil Service” to provide practical<br />

suggestions on the best practices conducive to<br />

building up an ethical culture. In addition, a halfyearly<br />

newsletter entitled “Integrity On Line” was<br />

launched in January 2000 for distribution to all<br />

civil servants to further enhance their awareness<br />

of the importance of upholding a high standard of<br />

integrity.<br />

56


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<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

,<br />

<br />

<br />

<br />

<br />

<br />

In 2000, the Department provided regular<br />

corruption prevention training for some 27,000<br />

civil servants from 44 departments to strengthen<br />

their understanding of the Prevention of Bribery<br />

Ordinance, enhance their sensitivity to corruption<br />

loopholes and remind them of their role in<br />

fighting corruption.<br />

During the year, the Department also<br />

organised similar corruption prevention training to<br />

over 13,000 managerial and front-line staff of<br />

public bodies, which included the Hospital<br />

Authority, tertiary education institutes, major<br />

public utilities and transportation companies.<br />

Besides, the Department published a practical<br />

guide to assist managers of public bodies in<br />

managing staff integrity. At the same time, we<br />

promoted corruption prevention guidelines on<br />

disbursement of funds among District Councils<br />

and organisations involved in disbursing<br />

substantial amount of public funds.<br />

BUSINESS SECTOR<br />

In 2000, the Department continued to<br />

collaborate with various organisations in the<br />

private sector to promote business ethics. As a<br />

round up of the two-year Professional Ethics<br />

Programme for the Securities, Futures and<br />

Investments Sectors, the Department together with<br />

ten regulatory bodies and professional<br />

associations in the industry, launched a training<br />

package for frontline employees with a view to<br />

enhancing the ethical standards of practitioners in<br />

the industry. We also joined hands with regulators<br />

and trade/professional bodies in the banking<br />

industry to organise a Leadership Integrity<br />

Programme in May 2000. Under this programme,<br />

we formed a Corruption Prevention Network for<br />

bank managers to share experience in corruption<br />

prevention at work.<br />

To tie in with the launch of the Mandatory<br />

Provident Fund Schemes in Hong Kong, the<br />

Department arranged over 100 training talks for<br />

registered trustees and service providers. In<br />

addition, we hosted jointly with six major<br />

regulators and professional bodies an industrywide<br />

seminar for management staff and sponsored<br />

an exhibition as well as participated in public<br />

seminars organised <strong>by</strong> the Mandatory Provident<br />

Fund Schemes Authority.<br />

57


,<br />

<br />

<br />

<br />

<br />

- ,<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

The construction industry continued to be<br />

one of the work priorities of the ICAC. A task<br />

force was formed with the concerted efforts of the<br />

three departments in the Commission to formulate<br />

corruption prevention strategy for the industry.<br />

During the year, we contacted some 650<br />

construction companies and arranged over 250<br />

training talks for 7,500 professionals, management<br />

staff and site supervisors.<br />

Apart from the above, the Department<br />

also maintained a close working relationship with<br />

various chambers of commerce to promote ethical<br />

corporate management amongst corporations and<br />

businessmen coming from all over the world.<br />

HONG KONG ETHICS DEVELOPMENT<br />

CENTRE<br />

We set up the Hong Kong Ethics<br />

Development Centre (HKEDC) in May 1995. It is<br />

guided <strong>by</strong> an advisory committee comprising<br />

representatives from six major chambers of<br />

commerce, namely the Chinese General Chamber<br />

of Commerce, the Federation of Hong Kong<br />

Industries, the American Chamber of Commerce<br />

in Hong Kong, the Chinese Manufacturers’<br />

Association of Hong Kong, the Hong Kong<br />

Chinese Enterprises Association and the Hong<br />

Kong General Chamber of Commerce. The<br />

HKEDC provides consultancy services on<br />

corporate ethics programmes which cover the<br />

formulation of codes of conduct and the<br />

organisation of training courses, provides a<br />

resource bank of information on ethics, and<br />

publishes a newsletter for local and overseas<br />

organisations. In 2000, the HKEDC provided<br />

services to about 1,100 persons including 240<br />

visitors from 29 overseas and Mainland<br />

organisations.<br />

In March 2000, the HKEDC and the Civil<br />

Service Bureau jointly organised a conference<br />

entitled “Turning Challenges into Opportunities -<br />

Ethical Leadership Forum 2000”. More than<br />

1,000 senior executives from the public and<br />

private sectors in Hong Kong and from overseas<br />

attended the forum. 38 prominent international<br />

speakers and panellists shared their insights with<br />

participants on the ways to uphold high ethical<br />

standards in the face of challenges in the new<br />

millennium.<br />

58


,<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

,<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

The HKEDC continued to collaborate with<br />

professional bodies on ethics promotion. It<br />

produced jointly with the Hong Kong Institution of<br />

Engineers a publication entitled “Ethics in Practice<br />

- A Practical Guide for Professional Engineers”.<br />

The Guide was incorporated into the professional<br />

ethics training programmes of the Institution and<br />

other tertiary institutes. The HKEDC also<br />

organised a joint seminar with the Hong Kong<br />

Society of Accountants reaching more than 120<br />

accountants.<br />

YOUTH AND MORAL EDUCATION<br />

The Department firmly believe that moral<br />

education for youngsters should start in the early<br />

years of their life. During the year, a series of<br />

programmes were launched for cultivating<br />

positive values among young people. These<br />

included the second Gee-dor-dor Cartoon Series<br />

Project, a youth website, school-based projects for<br />

primary students and a “DIY A Fuller Life” project<br />

for secondary students which was sponsored <strong>by</strong><br />

the Quality Education Fund.<br />

The Department continued to arouse<br />

young people’s awareness of the corruption<br />

problem through school talks and activities.<br />

During the year, we reached 110,000 secondary<br />

and tertiary school leavers through face-to-face<br />

school talks. The content and format of the talks<br />

were also revised to incorporate more interactive<br />

elements. In addition, we find that involving<br />

young people in anti-corruption activities is the<br />

best way to help them appreciate the evils of<br />

corruption and thus take a firm stance against it.<br />

Accordingly in the year, the Department organised<br />

with youth bodies a total of 72 activities<br />

comprising leadership training camps, seminars,<br />

group discussions and competitions. More than<br />

50,000 young people attended these activities. A<br />

territory-wide Youth Summit was organised in<br />

August 2000 and was attended <strong>by</strong> 800 young<br />

people from Hong Kong, the Mainland and<br />

Macau. Issues relating to the role of young people<br />

in cultivating a clean and fair society were<br />

actively discussed in the Summit.<br />

59


, <br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

,<br />

<br />

<br />

<br />

<br />

CROSS BOUNDARY CO-OPERATION<br />

The ICAC continued to maintain a close<br />

working relationship with its counterparts in the<br />

Mainland through contacts and exchange visits.<br />

In October 2000, the Commissioner led<br />

an ICAC delegation to Beijing to attend the Asia<br />

Crime Prevention Foundation 8th World<br />

Conference hosted <strong>by</strong> the Supreme People’s<br />

Procuratorate. The delegation also met senior<br />

officials of our counterparts and other State<br />

organisations, including the Ministry of<br />

Supervision and the Hong Kong and Macau<br />

Affairs Office. Besides, a group of ICAC officers<br />

visited Shanghai in August 2000 to study<br />

corruption prevention measures relating to the<br />

finance and construction industries. There were<br />

useful exchanges on corruption problems in<br />

cosmopolitan cities and experience-sharing in<br />

anti-corruption promotion work.<br />

We have established good rapport with<br />

the Guangdong Provincial People’s Procuratorate<br />

(GDPP). In September 2000, the Chief Procurator<br />

of the GDPP led a delegation to visit the ICAC.<br />

There were also visitors from organisations from<br />

the procuratorial and supervisory systems at the<br />

central, provincial and municipal levels. The<br />

Central Commission for Discipline Inspection and<br />

the Ministry of Supervision also sent officials to<br />

visit the ICAC.<br />

The Hong Kong Mainland Liaison Office<br />

also conducted talks on the work of the ICAC to<br />

Mainland personnel who were on study tours or<br />

training courses in Hong Kong. We arranged<br />

these talks upon requests <strong>by</strong> the Liaison Office of<br />

the Central People’s Government in the HKSAR,<br />

chambers of commerce, tertiary institutions and<br />

other intermediaries. We held 143 talks for 4,361<br />

visitors from the Mainland during the year.<br />

NEW ARRIVALS<br />

The Department organised educational<br />

programmes to help new arrivals from the<br />

Mainland to integrate into Hong Kong society and<br />

raise their awareness of anti-corruption law.<br />

Besides distributing pocket-size telephone books<br />

with concise ICAC messages to new immigrants at<br />

the LoWu Control Point, we arranged for a video<br />

60


, <br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

, <br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

to be shown in three dialects (Cantonese,<br />

Putonghua and Minnanyu) to new immigrants<br />

when they applied for identity cards at the<br />

Immigration Department. In the year, we<br />

organised an essay-writing competition for newarrival<br />

students to enhance their anti-corruption<br />

awareness.<br />

The Department also worked closely with<br />

schools and voluntary agencies to convey anticorruption<br />

messages to new arrivals through day<br />

camps, exhibitions, volunteer training, carnivals<br />

organised in Hong Kong and pre-migration<br />

courses conducted in Guangzhou.<br />

COMMUNITY SUPPORT<br />

The success of anti-corruption work<br />

hinges on public support. During the year, the<br />

Regional Offices continued to cooperate with 18<br />

District Councils and district organisations to<br />

organise a wide variety of projects in the districts.<br />

These projects aimed at sustaining ICAC’s<br />

presence and enhancing public support in the<br />

community. Over 300,000 people from different<br />

walks of life were reached.<br />

In order to increase the transparency and<br />

accountability of the Commission, the Department<br />

conducted a total of 70 Meet-the-Public Sessions<br />

for people from various sectors of the community.<br />

The sessions were effective in enhancing<br />

participants’ understanding of the work of the<br />

ICAC and providing a forum for exchanging views<br />

on anti-corruption work. Besides, the Department<br />

organised for members of the Legislative Council<br />

and District Councils visits to the ICAC to keep<br />

them abreast of the latest development of the<br />

Commission.<br />

To maintain a high level of ICAC presence<br />

and to keep corruption on the public agenda, our<br />

officers in the Regional Offices continued to<br />

attend regular meetings of various district<br />

consultative committees and maintained contacts<br />

with over 900 district organisations. In addition,<br />

we published an ICAC newspaper regularly to<br />

provide the public with up-to-date information<br />

about the ICAC.<br />

61


BUILDING MANAGEMENT<br />

To promote good building management,<br />

the Department offered ICAC services to all<br />

newly-formed Owners’ Corporations and building<br />

management organisations whose buildings<br />

underwent repair or maintenance work. We<br />

reached a total of 200 such organisations and<br />

2,900 members through 200 visits and 100 talks.<br />

The Department’s representatives also introduced<br />

anti-bribery law and corruption preventive<br />

measures to 750 participants in 9 seminars on<br />

building management organised <strong>by</strong> the Home<br />

Affairs Department.<br />

ICAC CLUB<br />

To enhance community support and<br />

participation in the fight against corruption, we<br />

established the ICAC Club in 1997. By 2000,<br />

there were 1,800 members coming from different<br />

walks of life, including students, working youths,<br />

professionals, district personalities, and<br />

housewives. During the year, 530 Club members<br />

participated or assisted in various ICAC activities.<br />

In addition, two interest groups on parenting and<br />

computer were formed. To consolidate<br />

relationship among Club members, the<br />

Department organised a variety of activities and<br />

an annual gathering during which certificates<br />

were presented to show appreciation of those who<br />

rendered active support to the ICAC.<br />

CLEAN ELECTIONS<br />

To tie in with the Legislative Council<br />

Elections held in September and the subsequent<br />

By-election held for the Hong Kong Island<br />

Geographical Constituency in December, the<br />

Department launched a series of education and<br />

publicity activities to promote clean elections. In<br />

addition to briefings for candidates and their<br />

agents to explain the newly enacted Elections<br />

(Corrupt and Illegal Conduct) Ordinance, we<br />

produced an information booklet and a VCD for<br />

reference of candidates. In parallel, we made<br />

widely use of the mass media to publicise the<br />

clean election messages including a TV spot<br />

series, TV and radio advertisements, and a<br />

homepage on election. We also operated a 24-<br />

hour hotline during the election period for prompt<br />

handling of the election enquiries.<br />

62


, <br />

.%<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

.%<br />

.%<br />

<br />

(.%)<br />

.%<br />

<br />

.% .%<br />

<br />

<br />

.%<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

To provide a clean election environment in<br />

Hong Kong, we believe that a clean election<br />

culture should be established in the society. We<br />

promoted the “Support Clean Elections” message<br />

to all walks of life through district projects,<br />

exhibitions, cartoons on newspaper, youth<br />

homepage etc. In addition, we produced an<br />

activity set for primary schools to promote the<br />

related messages amongst students.<br />

PRESS RELATIONS<br />

The Department continued to enhance<br />

public understanding of the Commission’s work<br />

through the mass media <strong>by</strong> issuing press releases,<br />

holding press conferences and arranging<br />

interviews on matters of public interests and<br />

concerns.<br />

During the year, we issued 349 press<br />

releases on ICAC’s major operations, court cases<br />

and preventive education programmes. We held 9<br />

press conferences and 25 briefings to publicise the<br />

key events of the Commission. In addition, we<br />

arranged 47 interviews for senior officials to<br />

expound on the latest anti-corruption work of the<br />

three departments. We also handled 922 media<br />

enquiries on various aspects of the ICAC’s work.<br />

To complement ICAC’s initiatives, the<br />

Department joined hands with newspapers to<br />

publish a series of feature articles on selected<br />

topics ranging from a TV spot series for small and<br />

medium enterprises to the Youth Summit 2000.<br />

During the year, we also assisted two<br />

Korean TV stations for the production of news<br />

documentaries on Hong Kong’s anti-corruption<br />

work and co-ordinated briefings <strong>by</strong> directorate<br />

officers for 112 visitors from overseas and the<br />

Mainland.<br />

HANDLING OF CORRUPTION REPORTS<br />

In 2000, the ICAC received 1,544<br />

corruption reports through the eight Regional<br />

Offices, representing 35.2% of the total number of<br />

corruption reports received <strong>by</strong> the Commission.<br />

All officers handling complaints in the Regional<br />

Offices have been trained to be members of the<br />

Operations Department’s Quick Response Team.<br />

They assist in handling routine cases so that public<br />

complaints are dealt with speedily as pledged.<br />

63


(a) <br />

<br />

<br />

(b) <br />

(c) <br />

<br />

(d) <br />

<br />

(e) <br />

<br />

<br />

<br />

<br />

<br />

<br />

ICAC ANNUAL SURVEY<br />

The Department carries out annual public<br />

opinion surveys to gauge the community’s attitude<br />

towards corruption and its perception of the<br />

ICAC’s performance. In the 2000 Annual Survey,<br />

nearly all respondents (98.7%) considered that the<br />

ICAC deserved their support and a vast majority<br />

(94.7%) indicated that their confidence in the<br />

ICAC would increase or remain the same in the<br />

coming year. A majority of the respondents<br />

(86.5%) believed the ICAC would keep corruption<br />

reports confidential and 71.7% said that they<br />

would reveal their identity when reporting<br />

corruption to the ICAC. 60.2% and 70.4% of the<br />

respondents respectively considered that the<br />

ICAC’s anti-corruption work was effective and<br />

maintained its image as an impartial law<br />

enforcement body. 83.7% of the respondents<br />

indicated that they were intolerant of corruption<br />

in both the Government and the business sector.<br />

The survey also provided a number of other<br />

findings which enabled the Department to align<br />

its education strategy and work plan to the public<br />

need.<br />

TRANSPARENCY AND ACCOUNTABILITY<br />

Transparency and accountability form an<br />

important component of the ICAC strategy to<br />

enhance public confidence and support. To this<br />

end, the Department<br />

(a) consulted District Consultative Committee<br />

members on its 2000/2001 work plan;<br />

(b) regularly updated the contents of the ICAC<br />

corporate website;<br />

(c) issued press releases on a wide variety of<br />

subjects, including investigations and court<br />

cases;<br />

(d) published the findings of annual surveys in<br />

full; and<br />

(e) organised Meet-the-Public Sessions for senior<br />

members of the ICAC to exchange views with<br />

the public on ICAC’s work.<br />

The Department will constantly review its<br />

strategy, assess the effectiveness of its activities<br />

and make adjustments to its programmes to cope<br />

with Hong Kong’s rapid changing socio-economic<br />

environment so as to discharge its duties<br />

effectively and efficiently.<br />

64


Appendices<br />

1. <br />

Organisation of Independent Commission Against Corruption (Position as at 31.12.2000)<br />

2. <br />

Analysis of Financial Provision <strong>by</strong> Programmes 1999/2000 and 2000/2001<br />

<br />

Analysis of Recurrent and Capital Accounts 1999/2000 and 2000/2001<br />

3. <br />

Overseas Visitors to ICAC in 2000<br />

4. <br />

Investigations Commenced, Carried Forward and Completed from 1998 to 2000<br />

5. <br />

Time Taken to Complete Investigation of <strong>Report</strong>s Recorded in 2000<br />

6. <br />

Time Taken to Complete Investigation of <strong>Report</strong>s Recorded before 2000<br />

7. <br />

Time Taken for Outstanding Investigations<br />

8. <br />

Number of Persons Prosecuted or Cautioned from 1974 to 2000<br />

9. <br />

Number of Persons Prosecuted for Corruption and Related Offences in 2000<br />

(Classified <strong>by</strong> Government Departments and Others)<br />

10. <br />

Number of Persons Prosecuted for Corruption and Related Offences in 2000<br />

(Classified <strong>by</strong> Types of Offences)<br />

11. <br />

Number of Persons Prosecuted for Offences Connected with or Facilitated <strong>by</strong> Corruption<br />

Offences in 2000 (Classified <strong>by</strong> Types of Offences)<br />

12. <br />

Non-corruption Complaints Relating to Police Officers Referred to Complaints Against Police<br />

Office in 2000 (Classified <strong>by</strong> Types of Complaints)<br />

13. <br />

Number of Persons Arrested in 2000 (Classified <strong>by</strong> Types of Offences)<br />

14. <br />

A List of <strong>Report</strong>s Issued to Government Departments and Public Sector Organisations in 2000<br />

15. <br />

ICAC Regional Offices<br />

65


1 1<br />

10 10<br />

80 79<br />

91 90<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

3 3<br />

142 135<br />

72 70<br />

217 208<br />

1,330<br />

1,285<br />

<br />

7 7<br />

800 771<br />

156 154<br />

963 932<br />

<br />

3 3<br />

43 40<br />

13 12<br />

59 55<br />

66<br />

67


Appendix 1<br />

Organisation of the Independent Commission Against Corruption<br />

(Position as at 31.12.2000)<br />

COMMISSIONER<br />

Administration Branch<br />

Assistant Director<br />

Personnel<br />

Finance, General & Supplies<br />

Information Technology<br />

Training & Development<br />

Staff Relations<br />

Accommodation<br />

Establishment Strength<br />

Directorate officers 1 1<br />

Departmental grade officers 10 10<br />

General grades officers 80 79<br />

91 90<br />

Community Relations Department<br />

Operations Department<br />

Corruption Prevention Department<br />

Deputy Commissioner<br />

Head of Operations<br />

Director Director of Investigation Director of Investigation<br />

(Government Sector)<br />

(Private Sector)<br />

Director<br />

Division 1 Division 2 Investigation Investigation Investigation Investigation Technical Services<br />

Branch 1 Branch 3 Branch 2 Branch 4 Division<br />

Assistant Assistant Assistant Assistant Assistant Assistant<br />

Director Director Director Director Director Director Technical Advisor<br />

Division 1 Division 2<br />

Assistant Director<br />

Assistant Director<br />

Assignment Assignment Advisory Services Management<br />

Groups Groups Group Group<br />

Management &<br />

Strategy<br />

Education & Mass<br />

Communication<br />

Press Information<br />

Regional Offices<br />

Hong Kong<br />

Mainland<br />

Liaison<br />

Establishment<br />

Strength<br />

Directorate officers 3 3<br />

Departmental grade officers 142 135<br />

General grades officers 72 70<br />

217 208<br />

Total Establishment 1,330<br />

Total Strength 1,285<br />

Investigation<br />

Groups<br />

Government<br />

Sector<br />

Investigation &<br />

Support Groups<br />

Intelligence<br />

Information &<br />

Research<br />

Mainland<br />

Operational Liaison<br />

& International<br />

Assistance<br />

Witness Protection &<br />

Firearms<br />

Surveillance<br />

Election & Public<br />

Bodies<br />

Statistics<br />

Investigation<br />

Groups<br />

Private Sector<br />

Support Groups<br />

Administration<br />

Management &<br />

Training<br />

Policy & Legal<br />

Research<br />

Operational Support<br />

Internal Investigation<br />

Operations Review<br />

Committee<br />

<strong>Report</strong> Centre<br />

Detention Centre<br />

Information<br />

Technology<br />

Computer Forensics<br />

Financial Investigation<br />

Establishment Strength<br />

Directorate officers 7 7<br />

Departmental grade officers 800 771<br />

General grades officers 156 154<br />

963 932<br />

Technical Services<br />

Telecommunications<br />

Research &<br />

Development<br />

Government<br />

Departments &<br />

Public Bodies<br />

- Civil Service<br />

Integrity<br />

- Disciplined<br />

Services<br />

- Education,<br />

Health &<br />

Welfare<br />

- Elections<br />

- Municipal<br />

Services<br />

- Staff<br />

Management<br />

Government<br />

Departments &<br />

Public Bodies<br />

- Accounting,<br />

Purchasing &<br />

Tendering<br />

- Construction &<br />

Capital Works<br />

- Planning,<br />

Environment &<br />

Lands<br />

- Service Contracts<br />

Private Sector &<br />

Public Bodies<br />

- Banking &<br />

Securities<br />

- Building<br />

Management<br />

- Insurance &<br />

Mandatory<br />

Provident Fund<br />

- Real Estate<br />

Agents<br />

Establishment Strength<br />

Directorate officers 3 3<br />

Departmental grades officers 43 40<br />

General grades officers 13 12<br />

59 55<br />

Administrative<br />

Support<br />

Advisory<br />

Committee<br />

68<br />

69


Appendix 2<br />

<br />

Analysis of Financial Provision <strong>by</strong><br />

Programmes 1999/2000 & 2000/2001<br />

( Million)<br />

600<br />

550<br />

500<br />

450<br />

400<br />

350<br />

300<br />

250<br />

200<br />

150<br />

$525.6m $519.8m<br />

<br />

Year Total Provision<br />

1999/2000 $705.9m<br />

2000/2001 $698.7m<br />

100<br />

50<br />

0<br />

$51.8m $51.2m<br />

$63.2m $62.8m<br />

$65.3m $64.9m<br />

<br />

Corruption Operations Preventive Enlisting<br />

Prevention Education Support<br />

<br />

<br />

Analysis of Recurrent and Capital Accounts 1999/2000 & 2000/2001<br />

( Million)<br />

700<br />

650<br />

600<br />

550<br />

500<br />

450<br />

400<br />

350<br />

300<br />

250<br />

200<br />

150<br />

100<br />

50<br />

0<br />

70<br />

$639.2m $625.8m<br />

$48.2m $56.2m<br />

Year<br />

1999/2000<br />

2000/2001<br />

* <br />

i) <br />

ii) <br />

iii) <br />

iv) <br />

* Other Charges:<br />

i) Expenses of witnesses,<br />

suspects & detainees<br />

ii) Investigation expenses<br />

iii) Publicity<br />

iv) Grant to the ICAC Welfare Fund<br />

$13.7m<br />

$13.9m $4.6m $3.0m<br />

* <br />

Personal Departmental *Other Capital<br />

Emoluments Expenses Charges Account


Appendix 3 Overseas Visitors to ICAC in 2000<br />

<br />

Date<br />

<br />

Country<br />

<br />

Organisation<br />

<br />

Visitor<br />

<br />

Visitor’s Title<br />

<br />

January<br />

<br />

Japan<br />

Tokyo University of<br />

Information Sciences<br />

Dr Minoru Oda<br />

President<br />

<br />

Japan<br />

Maritime Transport<br />

Bureau, Ministry of<br />

Transport<br />

Mr Yoshiaki<br />

Hompo<br />

Director of<br />

General Affairs<br />

<br />

Belgium<br />

Union of Industrial<br />

and Employers’<br />

Confederation of Europe<br />

(UNICE)<br />

Mr Dirk F Hudig<br />

Secretary-General<br />

<br />

Canada<br />

Government of Canada<br />

Mr Howard R Wilson<br />

Ethics Counsellor<br />

<br />

Finland<br />

Ministry of Foreign<br />

Affairs<br />

Mr Jörma Julin<br />

Director-General for<br />

External Economic<br />

Relations<br />

<br />

USA<br />

The Trade Development<br />

Alliance of Greater Seattle<br />

Mr Bill Stafford<br />

Executive Director<br />

<br />

USA<br />

Becton Dickinson<br />

Mr Paul S McAuliffe<br />

Chief Ethics Officer<br />

<br />

USA<br />

National Committee on<br />

US-China Relations<br />

Dr John Holden<br />

President<br />

<br />

USA<br />

Former US Chief Textile<br />

Negotiator<br />

Mr Ronald Sorini<br />

Former US Chief Textile<br />

Negotiator<br />

<br />

USA<br />

American Apparel<br />

Manufacturers Association<br />

Mr Larry Matin<br />

President<br />

<br />

USA<br />

National Retail Federation<br />

Mr Erik Autor<br />

Vice President and<br />

International Trade<br />

Counsel<br />

<br />

Philippines<br />

Volunteers Against Crime<br />

and Coruption<br />

Mr Dante La Jimenez<br />

Chairman/President<br />

<br />

Philippines<br />

Executive Center for<br />

Professionals,Inc<br />

Mr Carlito Balita<br />

President<br />

<br />

Philippines<br />

Asain Development Bank<br />

Mr Gerald A Sumida<br />

General Counsel<br />

<br />

Vietnam<br />

Central Institute for<br />

Economic Management<br />

Dr Le Dang Doanh<br />

President<br />

<br />

Ireland<br />

Department of Enterprise,<br />

Trade and Employment<br />

Mr Brian Whitney<br />

Assistant Secretary<br />

<br />

Singapore<br />

Singapore Police Force<br />

Mr Goh Liang Kwang<br />

Deputy Commissioner<br />

71


Date Country Organisation Visitor Visitor’s Title<br />

Mr Denis Tang<br />

Superintendent (Director<br />

of Manpower)<br />

Ms Carolyn Yap<br />

Staff Officer (Manapower<br />

Planning Unit)<br />

Mr Henry Soh<br />

Detective Superintendent<br />

(Head Discipline and<br />

Awards)<br />

Mr Jansen Ang<br />

Police Psychological Unit<br />

Co-ordinator<br />

Mr Chua Chuan Seng<br />

Assistant Superintendent<br />

(Head Organisation and<br />

Resources)<br />

Ms Patricia Lui<br />

Assistant Superintendent<br />

(Civilian Officers<br />

Personnel Centre)<br />

<br />

Portugal<br />

Ministry of Economy and<br />

Finance<br />

Ms Teresa Moreira<br />

Deputy Director-General<br />

of International Economic<br />

Relations<br />

<br />

Australia<br />

Department of State and<br />

Regional Development of<br />

New South Wales<br />

Mr Loftus Harris<br />

Director-General<br />

<br />

Australia<br />

Asialink Centre, University<br />

of Melbourne<br />

Mr Carrillo Gantner<br />

Chairman<br />

<br />

February<br />

<br />

Indonesia<br />

Office of State Minister for<br />

State Owned Enterprises<br />

Mr Setyanto P Santosa<br />

Deputy Minister for<br />

Manufacturing Industry<br />

and Distributions<br />

<br />

Bermuda<br />

Bank of Bermuda<br />

Mr Bernard Rennell<br />

General Counsel &<br />

Deputy Managing Director<br />

<br />

Finland<br />

Ministry of Trade and<br />

Industry<br />

Mr Erkki Virtanen<br />

Permanent Secretary<br />

<br />

USA<br />

Washington Times<br />

Mr Steven Knipp<br />

International Projects<br />

Editor<br />

<br />

Ireland<br />

Department of Foreign<br />

Affairs<br />

Mr Frank Cogan<br />

Assistant Secretary<br />

General<br />

<br />

Germany<br />

Association of German<br />

Chambers of Industry and<br />

Commerce<br />

Dr Detlef Boehle<br />

Director for Asia Pacific,<br />

International Economic<br />

Affairs<br />

<br />

Australia<br />

Legislative Assembly, New<br />

South Wales<br />

The Hon John Murray<br />

Speaker<br />

<br />

Luxembourg<br />

Luxembourg Central Bank<br />

Mr Etienne de Lhoneux<br />

Secretary General<br />

72


Date Country Organisation Visitor Visitor’s Title<br />

<br />

March<br />

<br />

Denmark<br />

Danish Agency for Trade<br />

and Industry<br />

Mr Bjarne Bitsch<br />

Head of Division<br />

<br />

Japan<br />

Aoyama Gakuin University<br />

Dr Satoshi Amako<br />

Professor<br />

<br />

Japan<br />

Ministry of International<br />

Trade and Industry<br />

Mr Masutaro Urata<br />

Deputy Director-General<br />

for Development<br />

Cooperation<br />

<br />

Japan<br />

International Society for<br />

Soil Mechanics and<br />

Geotechnical Engineering<br />

Prof Kenji Ishihara<br />

President<br />

<br />

Israel<br />

Department of Economics,<br />

The Hebrew University of<br />

Jerusalem<br />

Prof Morris Teubal<br />

Professor<br />

<br />

Canada<br />

Hong Kong-Canada<br />

Business Association<br />

Mr John Mah, QC<br />

National Chair<br />

<br />

Canada<br />

University of Waterloo<br />

Prof David Johnston<br />

President<br />

<br />

Brunei<br />

Anti-Corruption Bureau<br />

Ms Hajah Intan Binti Haji<br />

Md Kassim<br />

Deputy Director<br />

Mr Haji Wasil bin Haji<br />

Mohd Taib<br />

Senior Special<br />

Investigator<br />

<br />

USA<br />

Georgetown University<br />

Prof Ilkka A Ronkainen<br />

Professor, School of<br />

Business<br />

Dr Pietra Rivoli<br />

Associate Professor,<br />

School of Business<br />

50 MBA executives<br />

Students, School of<br />

Business<br />

<br />

USA<br />

Rotary District 7470,<br />

New Jersey<br />

Ms Barbara Miller<br />

Team Leader, Group<br />

Study Exchange<br />

Committee<br />

Ms Carolyn Chinuici<br />

Team Member<br />

Mr James Drylie<br />

Team Member<br />

Mr Michael Campbell<br />

Team Member<br />

Mr Christopher<br />

Cunningham<br />

Team Member<br />

<br />

UK<br />

Scottish Financial<br />

Enterprise<br />

Mr Ray Perman<br />

Chief Executive<br />

<br />

Norway<br />

Norwegian Trade Council<br />

Mr Theis Ulriksen<br />

Regional Director for<br />

Asia and Middle East<br />

73


Date Country Organisation Visitor Visitor’s Title<br />

<br />

New Zealand<br />

Ngai Tahu Holding<br />

Corporation Ltd<br />

Sir Tipene O’Regan<br />

Chairman<br />

<br />

Fiji<br />

Fiji Law Reform<br />

Commission<br />

Ms Asenaca Uluiviti<br />

Senior Legal Officer<br />

<br />

Austria<br />

International Narcotics<br />

Control Board<br />

Mr Akira Fujino<br />

Deputy Secretary<br />

<br />

Italy<br />

Faculty of Economics,<br />

University of Rome<br />

Prof Paolo Guerrieri<br />

Professor<br />

<br />

Singapore<br />

Singapore Police Force<br />

Mr Chai Yong Seng<br />

Assistant Director<br />

(Commercial Affairs<br />

Department)<br />

Mr Kenneth Nge<br />

Officer-in-charge of<br />

Commercial Affairs<br />

Department<br />

<br />

Singapore<br />

Central Narcotics Bureau<br />

Mr Yong Lye Hock<br />

Assistant Director<br />

<br />

Singapore<br />

Insolvency and Public<br />

Trustee’s Office<br />

Ms Sunari bin Kateni<br />

Ms Ainee bte Ali<br />

Legal Officer<br />

Senior Officer<br />

<br />

Singapore<br />

Corrupt Practice<br />

Investigation Bureau<br />

Mr Ong Seng Hock<br />

Principal Special<br />

Investigator<br />

<br />

Sweden<br />

Association of the Swedish<br />

IT and Telecom Industry<br />

Mrs Ann Marie Nilsson<br />

President<br />

<br />

Sweden<br />

Ministry of Foreign Affairs<br />

Mr Anders Ahnlid<br />

Director of International<br />

Trade Policy<br />

<br />

Mongolia<br />

Criminal Police<br />

Department<br />

Mr Balchindorj<br />

Tumenbayar<br />

Senior Detective,<br />

Economic Crime<br />

Division<br />

Mr Maya Nyamjargal<br />

Detective,<br />

Economic Crime<br />

Division<br />

Mr Tseveenravdan<br />

Batsuuri<br />

Senior Detective<br />

Mr Buyantogtokh<br />

Bayarmandakh<br />

Senior Detective,<br />

Organized Crime Division<br />

<br />

Germany<br />

Federation of German<br />

Industries<br />

Mr Friedolin Strack<br />

Regional Director for Asia<br />

Pacific<br />

<br />

Germany<br />

Social Democratic Party,<br />

Department of International<br />

Politics<br />

Mr Wolfgang Weege<br />

Assistant International<br />

Secretary<br />

<br />

Germany<br />

Deutsche Bundesbank<br />

(German Central Bank)<br />

Dr Jurgen Stark<br />

Deputy Governor<br />

74


Date Country Organisation Visitor Visitor’s Title<br />

<br />

Australia<br />

Saatchi and Saatchi<br />

Ms Sandra Yates<br />

Chairman<br />

<br />

April<br />

<br />

Japan<br />

Japan Center for<br />

International Finance<br />

Mr Rei Masunaga<br />

Deputy President<br />

<br />

Belgium<br />

European Commission<br />

Ambassador Jacques de<br />

Baenst<br />

Head of Protocol Service<br />

<br />

Belgium<br />

European Union<br />

HE Ambassador Frans van<br />

Daele<br />

Permanent<br />

Representative<br />

<br />

Korea<br />

Yonsei University<br />

Prof Hun-Joon Park<br />

Professor, Department of<br />

Business Administration<br />

<br />

USA<br />

US-Asia Institute 45th<br />

Congressional Staff<br />

Delegation<br />

Mr C K Lee<br />

Legislative Assistant to<br />

Senator Connie<br />

Mack<br />

Mr James Beauchamp<br />

Legislative Assistant to<br />

Senator Pat Roberts<br />

Ms Sharee Freeman<br />

Full Committee Counsel<br />

of the House Committee<br />

on the Judiciary<br />

Mr Wilke Green<br />

Senate Special<br />

Committee on the Year<br />

2000 Technology<br />

Problem<br />

Ms Mary Kerr<br />

Communications<br />

Director/<br />

Legislative Assistant to<br />

Representative James<br />

Oberstar<br />

Mr Richard Nunno<br />

Analyst in Science and<br />

Technology<br />

Congressional Research<br />

Service<br />

Mr George Shevlin<br />

Administrative Assistant/<br />

Legislative Director to<br />

Representative John<br />

Larson<br />

Mr William Weber<br />

Legislative Assistant/<br />

Assistant to Legislative<br />

Director Senator Carl<br />

Levin<br />

Mr Norman Lau Kee<br />

Chairman US-Asia<br />

Institute<br />

<br />

USA<br />

Crystal Cathedral<br />

Ministries<br />

Mr John Townend<br />

Director of International<br />

Ministries<br />

Anti-Corruption Agency<br />

Malaysia<br />

The Hon Dato Mohd<br />

Zawawi Mohd Nordin<br />

Deputy Director General<br />

(Preventive)<br />

75


Date Country Organisation Visitor Visitor’s Title<br />

Mr Shaharuddin Khalid<br />

Assistant Commissioner<br />

Mr Mohd Yusof Akope<br />

Assistant Commissioner<br />

Mr Rohaizad Yaakob<br />

Superintendent<br />

Mr Mohamed Husain<br />

Superintendent<br />

<br />

Germany<br />

German Asia-Pacific<br />

Business Association<br />

Mr Wolfgang Niedermark<br />

Managing Director<br />

<br />

Australia<br />

Queensland Crime<br />

Commission<br />

Mr Tim Carmody<br />

Commissioner<br />

<br />

May<br />

<br />

Canada<br />

The Canadian Chamber of<br />

Commerce<br />

Ms Nancy Hughes<br />

Anthony<br />

President and Chief<br />

Executive Officer<br />

<br />

Canada<br />

Royal Canadian Mounted<br />

Police<br />

Mr J P R Murray<br />

Commissioner<br />

Mr Wayne P Warwyk<br />

Assistant Commissioner<br />

Mr Brad Holman<br />

Superintendent<br />

<br />

USA<br />

US Congressional Staff<br />

Mr Marshall Billingslea<br />

Senior Professional Staff<br />

Member, Senate Foreign<br />

Relations Committee<br />

Mr Doug Farry<br />

Policy Advisor to House<br />

Majority Leader Dick<br />

Armey<br />

Mr David Gilliland<br />

Chief of Staff,<br />

Representative Tillie<br />

Fowler<br />

Ms Meredith Medley<br />

Legislative Advisor<br />

Senator Bill Frist<br />

Mr Darren Willcox<br />

Administrative Assistant to<br />

Representative Porter<br />

Goss<br />

Mr Marty Reiser<br />

Vice President, Public<br />

Affairs Citizens for a<br />

Sound Economy<br />

Ms Heather Young<br />

Managing Director,<br />

International Trade<br />

Practice, Mayer Brown<br />

and Platt<br />

<br />

USA<br />

Federal Bureau of<br />

Investigation<br />

Ms Deborah Pears<br />

Inspector-General of Audit<br />

<br />

USA<br />

US Customs Service<br />

Mr Raymond Kelly<br />

Mr Douglas Browning<br />

Commissioner<br />

Assistant Commissioner<br />

76


Date Country Organisation Visitor Visitor’s Title<br />

<br />

UK<br />

Parliamentary Labour Party<br />

Mr Clive Soley<br />

Chairman<br />

<br />

UK<br />

HM Treasury<br />

Mr Jon Cunliffe<br />

Deputy Director of<br />

International Finance<br />

<br />

New Zealand<br />

New Zealand Police<br />

Mr Ross Pinkham<br />

Liaison Officer<br />

<br />

New Zealand<br />

New Zealand Customs<br />

Service<br />

Mr Brian Lamb<br />

Liaison Officer<br />

<br />

The<br />

Netherlands<br />

Ministry of Economic<br />

Affairs<br />

Mr Albert Oosterhoff<br />

Deputy Director of<br />

International Trade and<br />

Investment Policy<br />

<br />

Singapore<br />

Parliament<br />

Mr S Iswaran<br />

Member of Parliament<br />

<br />

Switzerland<br />

World Trade Organisation<br />

Mr Andrew Stoler<br />

Deputy Director-General<br />

<br />

Mexico<br />

Government of the State of<br />

Jalisco<br />

Mr Lic Jose Manuel Bulas<br />

Montoro<br />

Director of International<br />

Affairs, Governor’s Office<br />

<br />

Mexico<br />

Chamber of Commerce of<br />

Guadalajara<br />

Mr Lic Alejandro<br />

Elixondo Gomex<br />

President<br />

<br />

June<br />

<br />

Kenya<br />

Kenya<br />

Anti-Corruption Authority<br />

The Hon Justice Aaron G<br />

Ringera<br />

Director<br />

Dr Julius T Rotich<br />

Assistant Director<br />

Dr John O Orora<br />

Chief Officer, Preventive<br />

Services<br />

Mr Gikunda M Muketha<br />

Chief Officer, Research<br />

Information and Public<br />

Education<br />

Mr Joseph G Gakungu<br />

Chief Officer,<br />

Investigations<br />

Mr Sebastian M L<br />

Kang’atta<br />

Chief Attorney<br />

<br />

Austria<br />

Federal Ministry for<br />

Economic Affairs<br />

Dr Helmut Krehlik<br />

Head of the Export and<br />

Import Control Division<br />

<br />

July<br />

<br />

Canada<br />

Simon Fraser University<br />

Dr Jan Walls<br />

Director of David Lam<br />

Centre for International<br />

Communication and Asia-<br />

Canada Program<br />

<br />

South Africa<br />

South African Police<br />

Service<br />

Mr A W Eksteen<br />

Assistant Commissioner<br />

<br />

South Africa<br />

South African Police<br />

Service Legal Component<br />

Mr De Jager<br />

Advocate<br />

77


Date Country Organisation Visitor Visitor’s Title<br />

<br />

USA<br />

Congressman Bill Archer’s<br />

Office<br />

Mr Donald Carlson<br />

Chief of Staff<br />

Ms Camille Cromwell<br />

District Assistant<br />

<br />

USA<br />

Harvard University<br />

Mr Yuan Wang<br />

Student<br />

<br />

The<br />

Netherlands<br />

Senate<br />

Dr P B Boorsma<br />

First Vice-President<br />

<br />

Philippines<br />

Civil Service Commission<br />

-<br />

25 government officials<br />

<br />

Italy<br />

Italian Bankers Association<br />

Mr Giuseppe Zadra<br />

General Manager<br />

<br />

Ireland<br />

Dublin Chamber of<br />

Commerce<br />

Mr Jim Miley<br />

Chief Executive Officer<br />

<br />

Australia<br />

Joint Standing Committee<br />

on Foreign Affairs, Defence<br />

and Trade<br />

Senator Alan Ferguson<br />

Chairman<br />

<br />

Australia<br />

Australian Government<br />

Mr Gale Treadgold<br />

Solicitor<br />

<br />

Korea<br />

Presidential Commission on<br />

Anti-Corruption<br />

Mr Kim Kyoung Joong<br />

Director General<br />

Mr Choi Chang Won<br />

Deputy Director of<br />

Planning and Evaluation<br />

Team<br />

Mr Lee Sang Heon<br />

Deputy Director of<br />

Institution<br />

and Regulation Reforming<br />

Team<br />

<br />

August<br />

<br />

Denmark<br />

The Danish Bankers<br />

Association<br />

Mr Lars Barfoed<br />

Managing Director<br />

<br />

Japan<br />

House of Representatives<br />

The Hon Banri Kaieda<br />

Member<br />

<br />

India<br />

UN Human Rights<br />

Committee<br />

Mr Justice P N Bhagwati<br />

Vice Chairman<br />

<br />

USA<br />

US-Asia Institute 46th<br />

Congressional Staff<br />

Delegation<br />

Mr David Crane<br />

Professional Staff, Senate<br />

Committee on Commerce,<br />

Science and<br />

Transportation<br />

Mr Mark Carrié<br />

Senior Legislative Counsel<br />

to Representative Sheila<br />

Jackson Lee<br />

78


Date Country Organisation Visitor Visitor’s Title<br />

Dr Lynne Corn<br />

Specialist on Natural<br />

Resources Policy,<br />

Congressional Research<br />

Service<br />

Ms Ann R Klee<br />

Chief Counsel of Senate<br />

Committee on Environment<br />

and Public Works<br />

Mr James Williams<br />

Economic Advisor to<br />

Senator Richard J. Durbin<br />

Ms Franz<br />

Wuerfmannsdobbler<br />

Legislative Assistant to<br />

Senator Robert Byrd<br />

Mr Russell George<br />

Chief Staff/Counsel of the<br />

House Subcommittee on<br />

Government Management<br />

Information and<br />

Technology<br />

Ms Barbara Greene<br />

Deputy State Director for<br />

Senator Patty Murray<br />

Ms Esther G Kee<br />

Board Member, Past-<br />

Chairman of US-Asia<br />

Institute<br />

Ms Gale Awaya<br />

McCallum<br />

Executive Director of US-<br />

Asia Institute<br />

Ethics Resource Center<br />

Mr Michael G<br />

Daigneault, Esq<br />

President<br />

Georgetown University<br />

Prof Ilkka A Ronkainen<br />

Professor, School of<br />

Business<br />

30 MBA executives<br />

Students, School of<br />

Business<br />

Office of Congressman<br />

Helen Chenoweth-Hage<br />

Mr Matthew Miller<br />

Senior Legislative Assistant<br />

<br />

UK<br />

UK Biotechnology and<br />

Biological Sciences<br />

Research Council<br />

Dr Peter Doyle<br />

Chairman<br />

<br />

September<br />

<br />

Belgium<br />

Leuven University<br />

Prof Paul de Grauwe<br />

Professor of Economics<br />

<br />

Belgium<br />

European Anti-Fraud<br />

Office, European<br />

Commission<br />

Mr Franz-Hermann<br />

Bruener<br />

Director-General<br />

<br />

Canada<br />

Department of History,<br />

University of British<br />

Columbia<br />

Prof Diana Lary<br />

Professor<br />

79


Date Country Organisation Visitor(s) Visitor’s Title<br />

<br />

Indonesia<br />

Indonesian Government<br />

Steering Committee on<br />

Corruption<br />

Ms Irma Hutabarat<br />

Chairman of the Institute<br />

for Civic Education on<br />

Indonesia<br />

Mr Indra<br />

Sahnun Lubis<br />

Association of Indonesian<br />

Lawyers<br />

Mr Amien Sunaryadi<br />

Steering Committee<br />

Member<br />

Mr Sapto Waluyo<br />

Steering Committee<br />

Member<br />

Mr Adnan<br />

Pandu Praja<br />

Secretary General of<br />

Indonesia Police Watch<br />

Mr Oka Mahendra<br />

Special Assistant to the<br />

Minister of Law and<br />

Legislation<br />

Mr Donny Ardianto<br />

Head of Research and<br />

Development, Indonesian<br />

Corruption Watch<br />

Mr Soy Martua Pardede<br />

Chairman of Good<br />

Corporate Governance<br />

Mr Karaniya<br />

Dharmasaputra<br />

Journalist, Tempo<br />

Magazine<br />

<br />

Indonesia<br />

Indonesian Bank<br />

Restructuring Agency<br />

-<br />

A member<br />

<br />

USA<br />

East West Centre<br />

Dr Charles Morrison<br />

President<br />

<br />

USA<br />

University of St. Thomas<br />

Prof Kenneth Goodpaster<br />

Koch Endowed in<br />

Business Ethics<br />

<br />

UK<br />

Select Committee on<br />

Science and Technology<br />

(Labour)<br />

Ms Claire Curtis-Thomas<br />

Member<br />

<br />

Thailand<br />

National Counter<br />

Corruption Commission<br />

(NCCC)<br />

Lt Col Kamol<br />

Prachuabmoh<br />

Prof Krirkkiat<br />

Phipatseritham<br />

NCCC Member<br />

NCCC Member<br />

Mr Nath Srivihok<br />

NCCC Member<br />

Ms Khunying Preeya<br />

Kashemsant<br />

NCCC Member<br />

Mr Wirat Wattanasiritham<br />

NCCC Member<br />

Mr Somchit Satapumin<br />

Assistant Secretary-<br />

General<br />

80


Date Country Organisation Visitor(s) Visitor’s Title<br />

Mr Saravut Menasavet<br />

Mr Vinai Klinsuwarn<br />

Mr Nirunde Praditkul<br />

Mr Vachira Sangobpun<br />

Mr Toryot Wongsuntorn<br />

Mr Chaiyot Sintuprasit<br />

Mr Warawit Sukboon<br />

Mr Thiti Mekvanich<br />

Director of Bureau of Assets<br />

Inspection 1<br />

Director of Bureau of<br />

Corruption Suppression 1<br />

Director of Bureau of<br />

Corruption Suppression 2<br />

Director of <strong>Report</strong> Division<br />

NCCC Official level 8<br />

Head of Technical and<br />

Foreign Affairs Group<br />

NCCC Official level 8<br />

NCCC Official level 6<br />

<br />

Thailand<br />

Federation of Thai<br />

Industries<br />

Dr Viphandh Roengpithya<br />

Deputy Chairman and<br />

Director<br />

<br />

New Zealand<br />

National Business<br />

Information Service<br />

Mrs Claire Johnstone<br />

Executive Director<br />

Auckland Regional<br />

Chamber of Commerce<br />

Mr Michael Barnett<br />

Chief Executive<br />

<br />

Switzerland<br />

International Labour<br />

Organisation<br />

Mr Andre Zenger<br />

Acting Director of<br />

International Labour<br />

Standards Department<br />

Member of Parliament<br />

The Banking and Finance<br />

Academy<br />

Republic of<br />

Uzbekistan<br />

Prof Mutalib I Yuldashev<br />

Mr Shukhart T Baratov<br />

Mr Jamshid M Zufarov<br />

Dean of the Banking Faculty<br />

Deputy Chief Accountant,<br />

Angorsk Financial<br />

Department<br />

Senior Specialist of the<br />

Financing of National<br />

Economy Department<br />

Mr Chekhram A Vokhidov<br />

Specialist of Subsidary of<br />

National Export Import<br />

Insurance Company<br />

Mr Zokhidin F Ivatov<br />

Mr Ramesh Kh Sadykov<br />

Mr Anvar D Islamov<br />

Chief Controller Auditor,<br />

Ministry of Finance<br />

Deputy Head, State Taxation<br />

Inspection Andijan Region<br />

Chief Specialist of<br />

Investment Department,<br />

Uzjilsberbank<br />

81


Date Country Organisation Visitor(s) Visitor’s Title<br />

Mr Bakhordirjon A<br />

Uylbarsov<br />

Senior Specialist of the<br />

Investment Department,<br />

Pakhta Bank<br />

Mr Uktam Kh Alikhanov<br />

Chief Specialist of Credit<br />

Department, National Bank of<br />

Uzbekistan<br />

Mr Shokir T<br />

Akhmadjanov<br />

Head of Department, Central<br />

Bank, Andijan Region<br />

<br />

Mexico<br />

Government of the State of<br />

Jalisco<br />

Mr Lic Jose Manuel Bulas<br />

Montoro<br />

Director of International<br />

Affairs, Governor’s Office<br />

Mr Sergio Garcia de Alba<br />

Secretary, Secretariat for<br />

Economic Development<br />

<br />

Mexico<br />

Mexican Chamber for the<br />

Electronics Industry,<br />

Telecommunications and<br />

Information Technology<br />

Mr Ing Juan Manuel<br />

Alvarado Banuelos<br />

Software Development Vice-<br />

President<br />

<br />

Mexico<br />

Chamber of Commerce of<br />

Guadalajara<br />

Mr Ramiro Gaxiola<br />

Oropexa<br />

International Affairs Vice<br />

President<br />

<br />

October<br />

<br />

Japan<br />

NTT DoCoMo<br />

Mr Kouji Ohboshi<br />

Chairman<br />

<br />

Belgium<br />

Ministry of Finance<br />

Mr Marc Vandenborre<br />

Director-General of Customs<br />

and Excise Administration<br />

<br />

Israel<br />

The Council for Higher<br />

Education<br />

Prof Nehemia Levtzion<br />

Chairman of the Planning and<br />

Budgeting Committee<br />

Office of the Special<br />

Nigeria Advisor to the President on<br />

Drugs and Financial<br />

Crimes<br />

Mr Abdullahi Shehu<br />

Deputy Director<br />

<br />

Norway<br />

Ministry of Justice<br />

Mr Hans Olav Østgaard<br />

Assistant Secretary General<br />

<br />

Thailand<br />

Dhurakijpundit University<br />

-<br />

A group of 25 Master of<br />

Public Administration<br />

students<br />

<br />

Philippines<br />

National Development<br />

Academy<br />

Ms Antionette Virtucio<br />

Dr Segundo Romero<br />

Attorney<br />

Attorney<br />

<br />

Austria<br />

Federal Ministry for<br />

Economic Affairs and<br />

Labour<br />

Ms Gabriele Tschürtz<br />

Deputy Director General<br />

<br />

Portugal<br />

Ministry of Economy<br />

Mrs Teresa Moura<br />

General Director<br />

<br />

Australia<br />

Senate<br />

Mr Peter Cook<br />

Deputy Leader of the<br />

Opposition Party<br />

82


Date Country Organisation Visitor(s) Visitor’s Title<br />

<br />

November<br />

<br />

Brunei<br />

Anti-Corruption Bureau<br />

Mr Abang Kifrawi<br />

Hanifah<br />

Assistant Director<br />

Mr Wee Ken Teck<br />

Senior Special Investigator<br />

Prevention of Corruption<br />

Tanzania Bureau<br />

Mrs Lillian L Mashaka<br />

Prof Vincent Kihiyo<br />

Mr Conrad Mtenga<br />

Mr Justin Mägangä<br />

Director of Community<br />

Education<br />

Director of Research,<br />

Controls and Statistics<br />

Investigator<br />

Officer of the Community<br />

Education Department<br />

<br />

Botswana<br />

Directorate on Corruption<br />

and Economic Crime<br />

Mr Baitumetse Reginald<br />

Barupi<br />

Assistant Director<br />

Mr Duncan Kabelo<br />

Motswagae<br />

Acting Senior Investigator<br />

<br />

Finland<br />

Helsinki Institute for<br />

Information Technology<br />

Prof Martti Mäntylä<br />

Director of Research<br />

<br />

USA<br />

Cato Institute<br />

Mr Brink Lindsey<br />

Director of Centre for Trade<br />

Policy Studies<br />

<br />

USA<br />

Institute for International<br />

Economics<br />

Dr Morris Goldstein<br />

Dennis Weatherstone Senior<br />

Fellow<br />

<br />

USA<br />

World Trade Centre<br />

Chicago<br />

Ambassador Allan Lever<br />

President<br />

<br />

USA<br />

Tennessee World Trade<br />

Centre<br />

Mr James Frierson<br />

Chairman<br />

<br />

USA<br />

Foreign Affairs and<br />

National Defence Division,<br />

Congressional Research<br />

Service<br />

Ms Kerry Dumbaugh<br />

Specialist in Asian Affairs<br />

<br />

UK<br />

Department of Trade and<br />

Industry<br />

Mr Anthony Murphy<br />

Director of Copyright<br />

<br />

UK<br />

Directorate General for<br />

Trade, European<br />

Commission<br />

Mr Robert Madeline<br />

Director<br />

<br />

UK<br />

Patent Office<br />

Mr Anthony Murphy<br />

Director<br />

<br />

Philippines<br />

Centre for Research and<br />

Communications<br />

Atty Enrique P Esteban<br />

President<br />

<br />

Italy<br />

Ministry of Foreign Affairs<br />

Dr Renzo Rosso<br />

Director of Asia<br />

<br />

Singapore<br />

Singapore Police Force<br />

Mr Alan Tan Yeok Lim<br />

Assistant Superintendent<br />

83


Date Country Organisation Visitor(s) Visitor’s Title<br />

Mr Denis Tang<br />

Deputy Assistant<br />

Commissioner<br />

Mr Ow Sing Hwee<br />

Officer of the Commercial<br />

Affairs Department<br />

Ms Pauline Tan<br />

Psychologist<br />

<br />

Switzerland<br />

International Association of<br />

Insurance Supervisors<br />

Mr Knut Hohlfeld<br />

Secretary General<br />

<br />

Sweden<br />

Ministry for Foreign Affairs<br />

Mr Mats Ringborg<br />

Director-General for Trade<br />

<br />

Australia<br />

Independent Commission<br />

Against Corruption,<br />

New South Wales<br />

Mr Michael Woodhouse<br />

Director of Investigations<br />

Mr Stephen Shneider<br />

Investigator<br />

Ms Linda Pettersson<br />

Principal Corruption<br />

Prevention Officer<br />

<br />

December<br />

<br />

Canada<br />

Canadian Citizenship and<br />

Immigration Department<br />

Mr David Hardinge<br />

Director of Intelligence and<br />

Interdiction<br />

<br />

USA<br />

Office of International<br />

Affairs, Department of<br />

Treasury<br />

Mr David Loevinger<br />

Director of East Asian<br />

Nations<br />

<br />

USA<br />

US-Asia Institute 47th<br />

Congressional Staff<br />

Delegation<br />

Mr Alexander Sternhell<br />

Ms Susan Epstein<br />

Representative of the Senate<br />

Banking Committee<br />

Congressional Researcher<br />

Mr Jon Hixon<br />

Legislative Director for<br />

Representative<br />

Jerry Moran<br />

Mr Eric Mondero<br />

Legislative Director for<br />

Representative Ron Packard<br />

Ms Lisa Moore<br />

Legislative Assistant to<br />

Senator Barbara Boxer<br />

Mr Michael Seyfert<br />

Legislative Assistant to<br />

Senator Pat Roberts<br />

Mr Norman Lau Kee<br />

Chairman,<br />

US-Asia Institute<br />

Ms Ru<strong>by</strong> G Moy<br />

Special Assistant to<br />

Chairman,<br />

US-Asia Institute<br />

<br />

USA<br />

The New America<br />

Foundation<br />

Mr Steve Clemons<br />

Executive Vice President<br />

84


Date Country Organisation Visitor(s) Visitor’s Title<br />

<br />

Switzerland<br />

Asia and the Pacific,<br />

International Labour<br />

Organization<br />

Ms Mitsuko Horiuchi<br />

Regional Director<br />

<br />

Sweden<br />

Ministry for Trade<br />

Mr Lennart Klackenberg<br />

Ambassador<br />

<br />

Australia<br />

Department of Foreign<br />

Affairs<br />

Mr Stephen Scott<br />

Consul (East Asia Analytical<br />

Unit)<br />

85


Appendix 4<br />

<br />

Investigations Commenced, Carried Forward and Completed<br />

from 1998 to 2000<br />

<br />

Number of reports<br />

5000<br />

4000<br />

3000<br />

2000<br />

1000<br />

0<br />

1998 1999 2000<br />

<br />

Investigations brought forward from previous years<br />

<br />

Carried forward to next year<br />

<br />

Completed during the year<br />

<br />

Pursuable reports received during the year<br />

<br />

Carried forward to next year<br />

<br />

Completed during the year<br />

<br />

Total cases<br />

<br />

Carried forward to next year<br />

<br />

Completed during the year<br />

86


Appendix 5<br />

<br />

Time Taken to Complete Investigation of <strong>Report</strong>s Recorded<br />

in 2000<br />

<br />

<br />

Time required to complete an investigation No further action Prosecution Total Percentage of total<br />

2000 1999<br />

3 3 6 0.4% 0.4%<br />

Less than 1 week<br />

4 1 5 0.4% 0.9%<br />

1 - less than 2 weeks<br />

11 1 12 0.8% 2.1%<br />

2 - less than 3 weeks<br />

21 - 21 1.5% 2.3%<br />

3 - less than 4 weeks<br />

39 5 44 3.1% 5.7%<br />

Sub-total<br />

166 5 171 12.0% 10.2%<br />

1 - less than 2 months<br />

396 6 402 28.3% 15.8%<br />

2 - less than 3 months<br />

348 3 351 24.8% 29.1%<br />

3 - less than 4 months<br />

165 5 170 12.0% 14.4%<br />

4 - less than 5 months<br />

115 2 117 8.3% 10.3%<br />

5 - less than 6 months<br />

147 16 163 11.5% 14.5%<br />

6 months or more<br />

1,376 42 1,418* 100% 100%<br />

Total<br />

* <br />

1,644<br />

290<br />

Note:* This figure does not include 1,644 cases still outstanding from reports recorded during 2000 and 290 pursuable cases<br />

which were incorporated into on-going enquiries carried out during the year.<br />

87


Appendix 6<br />

<br />

Time Taken to Complete Investigation of <strong>Report</strong>s Recorded<br />

before 2000<br />

<br />

<br />

Time required to complete an investigation No further action Prosecution Total Percentage of total<br />

2 - 2 0.1%<br />

less than 1 month<br />

43 - 43 2.9%<br />

1 - less than 2 months<br />

135 - 135 9.1%<br />

2 - less than 3 months<br />

279 3 282 19.1%<br />

3 - less than 4 months<br />

150 3 153 10.4%<br />

4 - less than 5 months<br />

102 5 107 7.3%<br />

5 - less than 6 months<br />

242 23 265 18.0%<br />

6 - less than 9 months<br />

132 36 168 11.4%<br />

9 months - less than 1 year<br />

167 88 255 17.3%<br />

1 - less than 2 years<br />

25 40 65 4.4%<br />

2 years or more<br />

1,277 198 1,475 100%<br />

Total<br />

88


Appendix 7<br />

<br />

Time Taken for Outstanding Investigations<br />

<br />

Time Taken No. of Cases Percentage of total<br />

242 13.1%<br />

less than 1 month<br />

286 15.4%<br />

1 - less than 2 months<br />

294 15.9%<br />

2 - less than 3 months<br />

256 13.8%<br />

3 - less than 4 months<br />

203 10.9%<br />

4 - less than 5 months<br />

111 6.0%<br />

5 - less than 6 months<br />

178 9.6%<br />

6 - less than 9 months<br />

102 5.5%<br />

9 months - less than 1 year<br />

147 7.9%<br />

1 - less than 2 years<br />

36 1.9%<br />

2 years or more<br />

1,855 100%<br />

Total<br />

89


Appendix 8 Number of Persons Prosecuted or Cautioned from 1974 to 2000<br />

<br />

Number of persons<br />

800<br />

600<br />

400<br />

200<br />

0<br />

1986 1987 1988 1989 1990 1991 1992 1993 1994 1995 1996 1997 1998 1999 2000<br />

<br />

<br />

Yearly average for<br />

1974-1985<br />

<br />

Persons cautioned<br />

<br />

Persons prosecuted<br />

90


Appendix 9<br />

<br />

<br />

Number of Persons Prosecuted for Corruption and Related<br />

Offences in 2000 (Classified <strong>by</strong> Government Departments and Others)<br />

<br />

Government Department Pending Convicted Acquitted Total<br />

3 7 4 14<br />

Hong Kong Police<br />

8 4 1 13<br />

Urban Services (Ex)<br />

4 3 - 7<br />

Food & Environmental Hygiene<br />

5 - - 5<br />

Housing<br />

3 - - 3<br />

Customs & Excise<br />

2 1 - 3<br />

Electrical & Mechanical Services<br />

3 - - 3<br />

Highways<br />

1 1 - 2<br />

Correctional Services<br />

1 1 - 2<br />

Inland Revenue<br />

- 1 - 1<br />

Civil Engineering<br />

1 - - 1<br />

Civil Service Training & Development Institute<br />

- 1 - 1<br />

Engineering Development (Ex)<br />

- 1 - 1<br />

Government Property Agency<br />

- 1 - 1<br />

Government Supplies<br />

- 1 - 1<br />

Lands<br />

- 1 - 1<br />

Transport<br />

<br />

Others<br />

199 206 49 455<br />

Private Sector<br />

/ * 46 23 7 76<br />

Government Servants/Private Individuals *<br />

# 3 8 1 12<br />

Public Bodies#<br />

<br />

/ * 3 3 - 6<br />

Public Bodies/Private Individuals *<br />

282 263 62+ 608<br />

Total<br />

* <br />

# <br />

+ 7<br />

1<br />

Notes : * These are cases in which private individuals were charged for their dealings with Government/public servants.<br />

# As defined in the Prevention of Bribery Ordinance.<br />

+ This figure includes 7 persons with no case to answer and 9 persons where no evidence was offered <strong>by</strong> the<br />

prosecution.<br />

@ Including one defendant who died while awaiting trial.<br />

91<br />

@<br />

@


Appendix 10<br />

<br />

<br />

Number of Persons Prosecuted for Corruption and Related Offences<br />

in 2000 (Classified <strong>by</strong> Types of Offences)<br />

<br />

<br />

* ** <br />

Type of Offences<br />

Private<br />

Individuals<br />

and Government/<br />

Government Public Public Private<br />

Departments Servants* Bodies** Sector Total<br />

<br />

Soliciting/accepting<br />

201 3# S3 Cap 201# 10 - - - 10<br />

201 4(2) S4(2) Cap 201 14 - 2 - 16<br />

201 9(1) S9(1) Cap 201 - - - 57 57<br />

<br />

Offering<br />

201 4(1) S4(1) Cap 201 3 20 - - 23<br />

201 8 S8 Cap 201 - 9 - - 9<br />

201 9(2) S9(2) Cap 201 - - - 63 63<br />

<br />

Agent using document to deceive principal<br />

201 9(3) S9(3) Cap 201 4 1 3 14 22<br />

<br />

Giving false reports<br />

204 13B## S13B Cap 204## - - - 7 7<br />

<br />

Impersonating an ICAC Officer<br />

204 13C S13C Cap 204 - - - 1 1<br />

<br />

Offences connected with or facilitated <strong>by</strong> corruption<br />

offences<br />

204 10(2)(a) S10(2)(a) Cap 204 12 10 - 51 73<br />

204 10(5) S10(5) Cap 204 16 42 7 250 315<br />

Election Offences - - - 12 12<br />

59 82 12 455 608<br />

Total<br />

* <br />

<br />

** <br />

# <br />

201<br />

## <br />

204<br />

Notes : * These are cases in which private individuals were charged for their dealings with Government/public servants.<br />

** As defined in the Prevention of Bribery Ordinance.<br />

# Cap 201 is the Prevention of Bribery Ordinance.<br />

## Cap 204 is the ICAC Ordinance.<br />

92


Appendix 11<br />

<br />

<br />

Number of Persons Prosecuted for Offences Connected with or<br />

Facilitated <strong>by</strong> Corruption Offences in 2000<br />

(Classified <strong>by</strong> Types of Offences)<br />

<br />

<br />

<br />

Type of Offences<br />

Private<br />

Individuals<br />

and Government/<br />

Government Public Public Private<br />

Departments Servants Bodies Sector Total<br />

Theft Ordinance<br />

Deception offences 5 21 2 175 203<br />

Theft 6 - 5 30 41<br />

False accounting - 1 - 20 21<br />

- - - 2 2<br />

Procuring the execution of valuable security<br />

Handling stolen goods - - - 1 1<br />

- - - 2 2<br />

Taking conveyance without authority<br />

Crimes Ordinance<br />

Forgery 2 - - 24 26<br />

Vice offences - - - 5 5<br />

Perversion of Public Justice 5 20 - 23 48<br />

Misconduct in public office 4 - - - 4<br />

Dangerous Drugs Ordinance - 3 - 6 9<br />

Gambling Ordinance 1 2 - 2 5<br />

- - - 4 4<br />

Organised & Serious Crimes Ordinance<br />

Trade Description Ordinance 1 2 - - 3<br />

Dutiable Commodities Ordinance 3 - - - 3<br />

Immigration Ordinance - 2 - 2 4<br />

Miscellaneous Ordinances 1 1 - 5 7<br />

28 52 7 301 388<br />

Total<br />

93


Appendix 12<br />

<br />

<br />

Non-corruption Complaints Relating to Police Officers Referred<br />

to Complaints Against Police Office in 2000<br />

(Classified <strong>by</strong> Types of Complaints)<br />

<br />

No. of complaints referred<br />

Misconduct<br />

<br />

/ / 9<br />

Overbearing/Rudeness/Impoliteness/Assault in the execution of duties<br />

<br />

Other conduct prejudicial to good order & discipline 5<br />

Misuse of Authority<br />

<br />

/ Seeking information/case <strong>by</strong> unwarranted action 1<br />

<br />

Using official position for private purpose 1<br />

Improper Handling of Cases<br />

/<br />

Unjust/unwarranted arrests 1<br />

/<br />

Unjust/unwarranted charges 3<br />

<br />

Malpractice concerning road traffic 17<br />

Favouritism towards concerned parties 3<br />

<br />

Failing to take proper action 9<br />

<br />

General dissatisfaction 18<br />

Allegation of Crime, etc<br />

<br />

Perversion of Justice 11<br />

Theft 4<br />

Deception 5<br />

<br />

Malpractice over promotion, recruitment, etc. 5<br />

Others 7<br />

99<br />

Total<br />

94


Appendix 13 Number of Persons Arrested in 2000<br />

(Classified <strong>by</strong> Types of Offences)<br />

<br />

Offence Type<br />

<br />

No. of Persons Arrested<br />

<br />

Prevention of Bribery Ordinance 343<br />

<br />

Corrupt & Illegal Practices Ordinance 10<br />

<br />

ICAC Ordinance 15<br />

<br />

Conspiracy to Commit 82<br />

<br />

10(2)<br />

ICAC Ordinance - S.10(2) 155<br />

<br />

More than 1 offence type 649*<br />

1,254<br />

Total<br />

* 618<br />

<br />

961<br />

Note : *Includes 618 persons who were arrested for offences under Prevention of Bribery Ordinance.<br />

Total number of persons arrested for Prevention of Bribery Ordinance offences = 961.<br />

95


Appendix 14<br />

<br />

A List of <strong>Report</strong>s Issued to Government Departments and<br />

Public Sector Organisations in 2000<br />

<br />

Client<br />

<br />

Subject Area<br />

<br />

Government Departments<br />

<br />

Agriculture, Fisheries and<br />

Conservation Department<br />

<br />

Architectural Services Department<br />

<br />

Letting and Administration of Cleaning and Security<br />

Constracts for Wholesale Markets<br />

<br />

Letting and Administration of Design and Build Capital<br />

Works Projects<br />

<br />

Administration of Minor Works Term Contracts<br />

<br />

Buildings Department<br />

<br />

Civil Aid Service<br />

<br />

Correctional Services Department<br />

<br />

Prosecution and Disciplinary Actions<br />

<br />

Administration of Operation and Training Expenses<br />

<br />

Property Procedures<br />

<br />

Operation of Commercial Laundries<br />

<br />

Customs and Excise Department<br />

<br />

Enforcement Against Sale of Counterfeit Goods<br />

<br />

Seizure, Storage and Disposal of<br />

Dangerous Drugs Exhibits<br />

<br />

Enforcement Against Illegal Sale and Use of Fuel Oil<br />

<br />

Customs Control on Rail Passengers<br />

<br />

Seizure, Storage and Disposal of<br />

Non-Dangerous Drugs Exhibits<br />

<br />

Department of Health<br />

<br />

Purchase of High Value Medical Equipment<br />

96


Client<br />

<br />

Subject Area<br />

<br />

Administration of Drug Addiction Treatment Programme<br />

<strong>by</strong> Society for the Aid and Rehabilitation<br />

of Drug Abusers<br />

<br />

Drainage Services Department<br />

<br />

Education Department<br />

<br />

Procurement Procedures for Specialist Supplies,<br />

Maintenance Materials and Equipment<br />

<br />

Administration of Contracts for the Procurement of<br />

Computer Systems for Aided Schools<br />

<br />

Curriculum Development and Textbook Review<br />

<br />

Appointment, Promotion and Termination<br />

of Service of Aided School Teachers<br />

<br />

Electrical and Mechanical Services Department<br />

<br />

Registration and Control of Electrical Contractors<br />

and Workers<br />

<br />

Approval and Inspection of Liquefied Petroleum Gas<br />

Cylinders and Vehicles<br />

<br />

Environmental Protection Department<br />

<br />

Smoky Vehicle Control Programme<br />

<br />

Management of Landfills<br />

<br />

Fire Services Department<br />

<br />

Registration of Fire Service Installation Contractors<br />

<br />

Inspection of Fire Service Installations<br />

<br />

Food and Environmental Hygiene Department<br />

<br />

Complaints Handling Procedures<br />

<br />

Supervision of Field Staff<br />

<br />

Hawker Control Operations<br />

97


Client<br />

<br />

Subject Area<br />

<br />

Enforcement of Licence Conditions for Food Businesses<br />

<br />

Booking of Cremation Times and<br />

Allocation of Columbarium Niches<br />

<br />

Government Land Transport Agency<br />

<br />

Government Property Agency<br />

<br />

Highways Department<br />

<br />

Hong Kong Police Force<br />

<br />

Procurement of Government Vehicles<br />

<br />

Leasing Out Surplus Government Quarters<br />

<br />

Administration of Capital Works Contracts<br />

<br />

Police Vehicle Pounds - Work of Motor Vehicle<br />

Examiners<br />

<br />

Handling Confidential Information at Regional<br />

Command and Control Centres<br />

<br />

Massage Establishment Licences<br />

<br />

Police Driving School - System for Driver Examination,<br />

Routine Validation and Licensing<br />

<br />

Issue of Security Personnel Permits<br />

<br />

Hong Kong Post<br />

<br />

Housing Department<br />

<br />

Administration of Staff Attendance and Overtime<br />

<br />

Management of Tenants Purchase Scheme Estates<br />

<br />

Letting and Management of Public Housing Markets<br />

<br />

Quality Control Procedures for Private Sector<br />

Participation Scheme Projects<br />

<br />

Letting of Commercial Premises<br />

98


Client<br />

<br />

Subject Area<br />

<br />

Lists of Building Services Contractors and Materials<br />

<br />

Review of Site Supervision System<br />

<br />

Letting and Administration of Cleansing Contracts<br />

<br />

Review of Site Supervision System<br />

(Progress <strong>Report</strong> No.2)<br />

<br />

Immigration Department<br />

<br />

Information Technology Services Department<br />

<br />

Innovation and Technology Commission<br />

<br />

Judiciary<br />

<br />

Admission of Talents Scheme<br />

<br />

Letting and Administration of Contracts for the<br />

of Information Technology Contract Staff<br />

Provision<br />

<br />

Administration of the Innovation and Technology<br />

Fund<br />

<br />

Work of the Probate Registry<br />

<br />

Work of the Bailiff Office<br />

<br />

Lands Department<br />

<br />

Legal Aid Department<br />

<br />

Leisure and Cultural Services Department<br />

<br />

Work of the Non-Development Clearance Unit<br />

<br />

Settlement of Personal Injury Actions<br />

<br />

Engagement of Artists<br />

<br />

Acquisition and Storage of Museum Artefacts<br />

<br />

Selection, Acquisition and Control of Library Materials<br />

<br />

Marine Department<br />

<br />

Maintenance of Vessels<br />

99


Client<br />

<br />

Official Receiver’s Office<br />

<br />

Radio Television Hong Kong<br />

<br />

Rating and Valuation Department<br />

<br />

Social Welfare Department<br />

<br />

Subject Area<br />

<br />

Accounting Management for Insolvency Cases<br />

<br />

Engagement of Contractors for Programme Production<br />

<br />

Landed Property Valuation for Estate Duty and Stamp<br />

Duty Purposes<br />

<br />

Licensing of Residential Care Homes for the Elderly<br />

<br />

Application and Payment Procedures for Charitable and<br />

Trust Funds<br />

<br />

Training Scheme for Health Workers for Residential Care<br />

Homes for the Elderly<br />

<br />

Television and Entertainment Licensing Authority<br />

<br />

Enforcement of the Control of Obscene and Indecent<br />

Articles Ordinance<br />

<br />

Licensing of Amusement Game Centres<br />

<br />

Territory Development Department<br />

<br />

Transport Department<br />

<br />

Management of Projects <strong>by</strong> Consultants<br />

<br />

School Bus Licence<br />

<br />

Driving Test Appointment Procedures of Tsuen Wan<br />

Driving School<br />

<br />

Vehicle Examination Centres -Test Appointment System<br />

<br />

Liquefied Petroleum Gas Taxi Grant Scheme<br />

<br />

Water Supplies Department<br />

<br />

Licensing of Plumbers<br />

100


Client<br />

<br />

Subject Area<br />

<br />

Public Sector<br />

<br />

Airport Authority<br />

<br />

Citybus Limited<br />

<br />

CLP Power Hong Kong Limited<br />

<br />

Estate Agents Authority<br />

<br />

Hong Kong and China Gas Company Limited<br />

<br />

Hong Kong Arts Development Council<br />

<br />

Hong Kong Baptist University<br />

<br />

Letting and Administration of the Term Contract for<br />

Airport Civil Maintenance Works<br />

<br />

Maintenance of Buses<br />

<br />

Strategic Purchasing<br />

<br />

Work of the Compliance/Regulations Section<br />

<br />

Letting and Administration of Cleaning Contracts<br />

<br />

Allocation of Project Grants<br />

<br />

Administration of Staff Benefits<br />

<br />

Recruitment of Temporary and Part-time Staff<br />

<br />

Hong Kong Housing Society<br />

<br />

Hong Kong Industrial Technology Centre Corporation<br />

<br />

Hong Kong Jockey Club<br />

<br />

Hong Kong Tourist Association<br />

<br />

Hong Kong Trade Development Council<br />

<br />

Hong Kong Mortgage Corporation Limited<br />

<br />

Letting and Administration of Service Contracts<br />

<br />

Business Incubation Programme<br />

<br />

Administration of Security Contracts<br />

<br />

Management of the International Events Fund<br />

<br />

Administration of Local Trade Fairs<br />

<br />

Hire of Professional Consultancy Services<br />

<br />

Procurement of Goods and General Services<br />

101


Client<br />

<br />

Kowloon Motor Bus Company (1933) Limited<br />

<br />

Lingnan University<br />

<br />

Mandatory Provident Fund Schemes Authority<br />

<br />

Mass Transit Railway Corporation<br />

<br />

Subject Area<br />

<br />

Letting and Administration of Contracts for Bus Body<br />

Construction and Bus Overhauls<br />

<br />

Letting and Administration of Service and Maintenance<br />

Contracts<br />

<br />

Registration and Approval of Provident Fund Schemes<br />

and Funds<br />

<br />

Project Administration of Civil Construction Contracts<br />

<br />

New Lantao Bus Company (1973) Limited<br />

Fare Collection Procedures<br />

<br />

New World First Bus Services Limited<br />

Procurement of Goods<br />

<br />

<br />

<br />

Letting and Administration of Service Contracts<br />

<br />

Securities and Futures Commission<br />

<br />

Work of the Enforcement Division<br />

<br />

Work of the Corporate Finance Division<br />

<br />

The Hong Kong Examinations Authority<br />

<br />

The Hong Kong University of Science and Technology<br />

<br />

The Hospital Authority<br />

<br />

The Kowloon-Canton Railway Corporation<br />

<br />

Conduct of Practical Examinations<br />

<br />

Appointment and Administration of Consultants<br />

<br />

Investment of Surplus Funds in Fixed Income Instruments<br />

<br />

In-house Security Services<br />

<br />

Administration of Staff Attendance and Leave<br />

<br />

Project Administration of Civil Construction Contracts<br />

102


Client<br />

<br />

Subject Area<br />

<br />

Freight Operations<br />

<br />

East Rail - Ticketing and Cash Collection Procedures<br />

<br />

The Vocational Training Council<br />

<br />

Purchasing Procedures of Goods and Services<br />

<br />

Security of Examination Papers<br />

<br />

Recruitment of Temporary and Part-time Staff<br />

103


Appendix 15<br />

<br />

ICAC Regional Offices<br />

<br />

<br />

Hong Kong Island<br />

Districts<br />

ICAC Regional Office<br />

Central & Western<br />

- Hong Kong West/Islands Southern<br />

G/F, Harbour Commercial Building Islands<br />

<br />

<br />

124 Connaught Road Central<br />

Hong Kong<br />

Tel : 2543 0000<br />

Fax: 2545 5036<br />

<br />

ICAC Regional Office<br />

Wan Chai<br />

- Hong Kong East Eastern<br />

<br />

<br />

<br />

G/F, Tung Wah Mansion<br />

201 Hennessy Road<br />

Wan Chai<br />

Hong Kong<br />

Tel : 2519 6555<br />

Fax: 2519 7762<br />

<br />

<br />

Kowloon<br />

Districts<br />

ICAC Regional Office<br />

Kowloon City<br />

- Kowloon Central Wong Tai Sin<br />

<br />

<br />

G/F, 21E Nga Tsin Wai Road<br />

Kowloon City<br />

Kowloon<br />

Tel : 2382 2922<br />

Fax: 2382 2112<br />

ICAC Regional Office<br />

Kwun Tong<br />

- Kowloon East/Sai Kung Sai Kung<br />

<br />

<br />

<br />

Shop No.4, G/F, Kai Tin Building<br />

67 Kai Tin Road<br />

Lam Tin<br />

Kowloon<br />

Tel : 2756 3300<br />

Fax: 2755 9036<br />

ICAC Regional Office<br />

Yau Ma Tei<br />

- Kowloon <br />

West Tsim Sha Tsui<br />

G/F, Nathan Commercial Building Mong Kok<br />

434-436 Nathan Road Sham Shui Po<br />

Kowloon<br />

Tel : 2780 8080<br />

Fax: 2770 3415<br />

104


New Territories<br />

Districts<br />

ICAC Regional Office<br />

Tsuen Wan<br />

- New Territories South West Kwai Tsing<br />

<br />

<br />

G/F, 271-275 Castle Peak Road<br />

Tsuen Wan<br />

New Territories<br />

Tel : 2493 7733<br />

Fax: 2413 8490<br />

ICAC Regional Office<br />

Tuen Mun<br />

<br />

- New Territories North West Yuen Long<br />

Shop 4-5 and 22-24, Level 1<br />

<br />

<br />

Trend Plaza(North Wing)<br />

2 Tuen Lung Street<br />

Tuen Mun<br />

New Territories<br />

Tel : 2459 0459<br />

Fax: 2450 7925<br />

ICAC Regional Office<br />

Sha Tin<br />

- New Territories East Tai Po<br />

119-122, Level <br />

1 N.T. Northern<br />

<br />

<br />

Citylink Plaza<br />

1 Shatin Station Circuit<br />

Sha Tin<br />

New Territories<br />

Tel : 2606 1144<br />

Fax: 2601 6447<br />

105


ICAC Headquarters<br />

Fairmont House, 25th Floor, 8 Cotton Tree Drive, Hong Kong<br />

ICAC Website http://www.icac.org.hk<br />

106


Contents<br />

<br />

<br />

<br />

<br />

2 Advisory Committee on Corruption<br />

6 Operations Review Committee<br />

12 Corruption Prevention Advisory Committee<br />

25 Citizens Advisory Committee on Community Relations<br />

1


Advisory Committee on Corruption<br />

<br />

<br />

ANNUAL REPORT 2000<br />

TO THE CHIEF EXECUTIVE<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

() <br />

<br />

<br />

<br />

<br />

Sir,<br />

I present my report on the work of the<br />

Advisory Committee on Corruption (ACOC) for<br />

the year 2000.<br />

TERMS OF REFERENCE AND MEMBERSHIP<br />

The ACOC is the principal advisory body<br />

of the Independent Commission Against<br />

Corruption (ICAC) and oversees all the<br />

Commission's activities. Its membership includes<br />

the chairmen of the Operations Review<br />

Committee, Corruption Prevention Advisory<br />

Committee and Citizens Advisory Committee on<br />

Community Relations who serve on ACOC as exofficio<br />

members. Professor CHENG Kai-ming,<br />

who succeeded Professor WONG Siu-lun as<br />

Chairman of the Citizens Advisory Committee on<br />

Community Relations, was appointed an ex-officio<br />

member of ACOC on 1 January 2000.<br />

The terms of reference and membership of<br />

ACOC during the year are at Annexes A and B.<br />

WORK OF THE COMMITTEE<br />

The ACOC met on three occasions during<br />

2000. At each meeting, we reviewed the<br />

corruption problem in Hong Kong, and were<br />

briefed on the Commission's work <strong>by</strong> the heads of<br />

the three ICAC departments.<br />

We monitored the formulation and<br />

implementation of staffing and administrative<br />

policies of the Commission. In addition, we<br />

received reports <strong>by</strong> the Commissioner on<br />

complaints and disciplinary action taken against<br />

ICAC officers. The Commissioner is required to<br />

seek our advice before terminating the<br />

appointment of an ICAC officer under section 8(2)<br />

of the ICAC Ordinance. During the year, there<br />

were no such cases.<br />

We also considered and endorsed the<br />

2


Commission's policy initiatives and draft Estimates<br />

of Expenditure for 2001/02, and monitored its<br />

progress in implementing the enhanced<br />

productivity programme. Furthermore, we<br />

scrutinised the 1999 Annual <strong>Report</strong> of the<br />

Commission before it was submitted to you.<br />

MEDIA BRIEFING<br />

Together with the chairmen of the other<br />

three ICAC advisory committees, I conducted a<br />

media briefing on 5 December 2000 to report on<br />

the work of the advisory committees during 2000.<br />

We emphasised the checks and balances built into<br />

the system. We also dealt with questions from the<br />

press on the corruption scene.<br />

I wish to record my thanks to members of<br />

the ACOC for their contributions and support<br />

during the year. I would also like to thank the<br />

ICAC heads of departments for their reports and<br />

briefings.<br />

<br />

, GBS, JP<br />

Dr the Hon Raymond CH'IEN Kuo-fung, GBS, JP<br />

Chairman<br />

Advisory Committee on Corruption<br />

3


Annex A<br />

<br />

<br />

Advisory Committee on Corruption (ACOC)<br />

Terms of Reference (as at 31 December 2000)<br />

. <br />

<br />

(a) <br />

<br />

(b) <br />

() <br />

<br />

(c) <br />

<br />

(d) <br />

(e) <br />

<br />

(f) <br />

<br />

. <br />

<br />

<br />

1. To advise the Commissioner of the<br />

Independent Commission Against Corruption<br />

on any aspect of the problem of corruption in<br />

Hong Kong, and, to this end :<br />

(a) to keep the operational, staffing and<br />

administrative policies of the Commission<br />

under review;<br />

(b) to advise on action being considered <strong>by</strong><br />

the Commissioner under section 8(2) of<br />

the Independent Commission Against<br />

Corruption Ordinance;<br />

(c) to receive reports <strong>by</strong> the Commissioner on<br />

disciplinary action taken;<br />

(d) to consider the annual estimates of<br />

expenditure of the Commission;<br />

(e) to scrutinize the annual report of the<br />

Commission before its submission to the<br />

Chief Executive ; and<br />

(f) to submit an annual report to the Chief<br />

Executive on the work of the Committee.<br />

2. To draw to the Chief Executive's attention, as it<br />

considers necessary, any aspect of the work of<br />

the Commission or any problem encountered<br />

<strong>by</strong> it.<br />

4


Annex B<br />

<br />

<br />

Advisory Committee on Corruption (ACOC)<br />

Membership (as at 31 December 2000)<br />

, GBS, JP<br />

, JP<br />

, SBS, JP<br />

, JP<br />

, JP<br />

()<br />

Dr the Hon Raymond CH'IEN Kuo-fung, GBS, JP<br />

(Chairman)<br />

Mr Henry FAN Hung-ling, JP<br />

Mr Edward HO Sing-tin, SBS, JP<br />

Mr LEE Jark-pui, JP<br />

The Hon Fred LI Wah-ming, JP<br />

<br />

Mr Carson WEN<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

()<br />

()<br />

()<br />

()<br />

()<br />

()<br />

Chairman of the Operations Review Committee<br />

(ex officio)<br />

Chairman of the Corruption Prevention Advisory<br />

Committee (ex officio)<br />

Chairman of the Citizens Advisory Committee on<br />

Community Relations (ex officio)<br />

Director of Administration (ex officio)<br />

Commissioner of the Independent Commission<br />

Against Corruption (ex officio)<br />

Head of Operations, Independent Commission<br />

Against Corruption (ex officio)<br />

5


Operations Review Committee<br />

<br />

<br />

ANNUAL REPORT 2000<br />

TO THE CHIEF EXECUTIVE<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

,<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

,,<br />

<br />

<br />

<br />

<br />

<br />

Sir,<br />

I present my report on the work of the<br />

Operations Review Committee (ORC) for the year<br />

2000.<br />

TERMS OF REFERENCE AND MEMBERSHIP<br />

The terms of reference and membership of<br />

the ORC are at Annexes A and B respectively.<br />

There was no change in membership during the<br />

year.<br />

WORK OF THE COMMITTEE<br />

The ORC met on eight occasions during<br />

2000 to review reports prepared <strong>by</strong> the<br />

Operations Department. At each meeting, the<br />

Committee received progress reports on current<br />

major investigations, cases that had been<br />

investigated <strong>by</strong> the ICAC for over 12 months,<br />

reports on persons who had been on ICAC bail for<br />

over 6 months and searches authorised <strong>by</strong> the<br />

Commissioner under Section 17 of the Prevention<br />

of Bribery Ordinance. During the year, the<br />

Committee also received 245 reports on cases<br />

which had been prosecuted at court and<br />

considered 67 major investigations which had not<br />

resulted in prosecution. The Committee handled<br />

a total of 3,970 cases during the year.<br />

The Head of Operations attended all<br />

meetings of the Committee to brief members on<br />

the work of the Operations Department,<br />

corruption statistics and trends, operational liaison<br />

matters and other issues of interest to the ORC.<br />

A Sub-Committee comprising three nonofficial<br />

members sitting in rotation was convened<br />

on eight separate occasions to consider and advise<br />

on 2,672 minor investigations and 1,231 nonpursuable<br />

reports of corruption. In addition, the<br />

Sub-Committee reviewed investigation reports on<br />

cases which, on the advice of the Committee, had<br />

been forwarded to other government departments<br />

for consideration of disciplinary or administrative<br />

6


, <br />

% <br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

action. Findings of the Sub-Committee were<br />

reported to the main Committee for endorsement.<br />

CORRUPTION IN THE GOVERNMENT<br />

SECTOR<br />

The ORC noted that the number of<br />

complaints in the government sector capable of<br />

investigation increased <strong>by</strong> 16% from 921 in 1999<br />

to 1,066 in 2000. Of these, about 59% related to<br />

government servants in three departments,<br />

namely, Police, Food & Environmental Hygiene<br />

Department and Housing Department.<br />

While the Committee is satisfied that,<br />

overall, the problem of corruption in government<br />

is under control, the continuous surge in<br />

corruption reports in the last few years does<br />

require careful monitoring. There is no indication<br />

of resurgence of syndicated corruption. The<br />

common types of malpractice and misconduct<br />

included misuse of authority, neglect of duty,<br />

outside employment, acceptance of gifts, loans,<br />

entertainment, and favours etc. from persons of<br />

doubtful character or persons having official<br />

dealings. Indeed the ORC is concerned with the<br />

need to shore up discipline and ethical standards<br />

amongst government servants as instances of<br />

government servants misusing their position,<br />

though not amounting to bribery offences, has<br />

become a significant issue. The ORC has also<br />

pointed out lax management as a contributing<br />

factor to this problem.<br />

MISUSE OF PUBLIC OFFICE<br />

The ORC noted the present constraints of<br />

the Common Law offence on Malfeasance which<br />

made it difficult to lay charges on civil servants<br />

who allegedly abused their positions for personal<br />

gain. In order to plug the loophole, we support<br />

the ICAC in conducting a study to statutorise the<br />

offence of Malfeasance <strong>by</strong> adding provisions to<br />

the existing Prevention of Bribery Ordinance.<br />

7


% <br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

, <br />

<br />

<br />

% <br />

<br />

% <br />

<br />

<br />

<br />

<br />

REFERRAL OF CASES FOR CONSIDERATION<br />

OF DISCIPLINARY / ADMINISTRATIVE<br />

ACTION BY HEADS OF DEPARTMENTS<br />

The ORC has, over the past few years,<br />

expressed concern over the apparent delay in<br />

some of the disciplinary proceedings and urged<br />

Government to expedite matters. The Committee<br />

was pleased to note that the Civil Service Bureau<br />

set up an independent Secretariat on Civil Service<br />

Discipline to centrally process disciplinary cases<br />

from April 2000. We look to the improved<br />

mechanism to deter and punish officers for<br />

misconduct, while complying with the principles<br />

of natural justice.<br />

In 2000, the Committee advised that 117<br />

disciplinary cases involving 295 officers be<br />

referred to government departments for<br />

consideration of disciplinary and administrative<br />

action.<br />

CORRUPTION IN THE PRIVATE SECTOR<br />

The Committee noted with concern a<br />

surge of 26% in the number of private sector<br />

corruption reports received <strong>by</strong> the ICAC in 2000.<br />

The increase might be attributable to economic<br />

downturn, increased public awareness and the<br />

ICAC's proactive approach.<br />

The increase in the number of corruption<br />

reports is particularly acute in the building<br />

management, construction, finance and insurance<br />

areas. Common offences include unauthorised<br />

commission and rebates, bogus documentation,<br />

purchases and receipts, inflated expenses and<br />

fraudulently diverting contracts or business to<br />

related companies. The ORC is particularly<br />

concerned with bribery offences in connection<br />

with sub-standard construction.<br />

ANOTHER BUSY YEAR<br />

The ORC noted that the Operations<br />

Department had another busy and successful year,<br />

with heavy involvement in a number of protracted<br />

corruption related fraud investigations. 2000<br />

recorded the highest number of corruption<br />

complaints at 4,390. A total of 608 persons were<br />

prosecuted in 283 cases. In terms of cases<br />

8


, SBS, JP<br />

prosecuted, it represents an increase of 29% over<br />

1999. The cases are also more complex and<br />

serious in nature. A total of 72 cases were triable<br />

in the District and High Court, an increase of 64%<br />

over 1999. The Committee is concerned that the<br />

heavy caseload is posing a strain on the already<br />

stretched investigative manpower of the<br />

Operations Department. I have sought the<br />

assurance of the Commissioner that adequate<br />

resource and manpower deployment would be<br />

made to meet with the increasing workload. I<br />

would also urge the government to provide<br />

additional resources to the Commission to<br />

maintain its effectiveness in combating corruption<br />

in Hong Kong.<br />

CONCLUSION<br />

The Committee fulfils its monitoring<br />

functions <strong>by</strong> keeping a watch on the way the<br />

Operations Department discharges its statutory<br />

functions. As Chairman of the Committee, I am<br />

satisfied that during the year the Department<br />

carried out its functions and duties in a<br />

responsible and accountable manner.<br />

APPRECIATION<br />

I would like to thank all members of the<br />

Committee for their contributions and support<br />

during the year. I would also like to thank staff of<br />

the Operations Department for their hard work.<br />

Anna WU Hung-yuk, SBS, JP<br />

Chairman<br />

Operations Review Committee<br />

9


Annex A<br />

<br />

<br />

Operations Review Committee (ORC)<br />

Terms of Reference (as at 31 December 2000)<br />

. <br />

<br />

<br />

. <br />

<br />

<br />

. <br />

<br />

<br />

. <br />

<br />

. <br />

<br />

<br />

. <br />

<br />

<br />

. <br />

<br />

<br />

<br />

<br />

<br />

<br />

. <br />

<br />

. <br />

<br />

<br />

. <br />

<br />

10<br />

1. To receive from the Commissioner information<br />

about all complaints of corruption made to the<br />

Commission and the manner in which the<br />

Commission is dealing with them.<br />

2. To receive from the Commissioner progress<br />

reports on all investigations lasting over a year<br />

or requiring substantial resources.<br />

3. To receive from the Commissioner reports on<br />

the number of, and justifications for, search<br />

warrants authorised <strong>by</strong> the Commissioner, and<br />

explanations as to the need for urgency, as<br />

soon afterwards as practical.<br />

4. To receive from the Commissioner reports on<br />

all cases where suspects have been bailed <strong>by</strong><br />

ICAC for more than six months.<br />

5. To receive from the Commissioner reports on<br />

the investigations the Commission has<br />

completed and to advise on how those cases<br />

that on legal advice are not being subject to<br />

prosecution or caution, should be pursued.<br />

6. To receive from the Commissioner reports on<br />

the results of prosecutions of offences within<br />

the Commission's jurisdiction and of any<br />

subsequent appeals.<br />

7. To advise the Commissioner on what<br />

information revealed <strong>by</strong> investigations into<br />

offences within its jurisdiction shall be passed<br />

to government departments or public bodies,<br />

or other organisations and individuals, or,<br />

where in exceptional cases, it has been<br />

necessary to pass such information in advance<br />

of a Committee meeting, to review such action<br />

at the first meeting thereafter.<br />

8. To advise on such other matters as the<br />

Commissioner may refer to the Committee or<br />

on which the Committee may wish to advise.<br />

9. To draw to the Chief Executive's attention any<br />

aspect of the work of the Operations<br />

Department or any problems encountered <strong>by</strong><br />

the Committee.<br />

10. To submit annual reports to the Chief<br />

Executive which should be published.


Annex B<br />

<br />

<br />

Operations Review Committee (ORC)<br />

Membership (as at 31 December 2000)<br />

, SBS, JP<br />

<br />

, JP<br />

<br />

, SBS, JP<br />

, JP<br />

<br />

, JP<br />

, JP<br />

, JP<br />

, SC, JP<br />

, JP<br />

, SBS, JP<br />

<br />

<br />

<br />

<br />

()<br />

()<br />

()<br />

()<br />

()<br />

Ms Anna WU Hung-yuk, SBS, JP (Chairman)<br />

Mr Victor CHA Mou-zing<br />

Professor Edward CHEN Kwan-yiu, JP<br />

Mr Edward CHENG Wai-sun<br />

Dr Andrew CHUANG Siu-leung, SBS, JP<br />

Professor LEUNG Ping-chung, JP<br />

Dr the Hon Margaret NG Ngoi-yee<br />

Dr PANG Hok-tuen, JP<br />

Mr Jack SO Chak-kwong, JP<br />

The Hon Kenneth TING Woo-shou, JP<br />

Mr Ronny WONG Fook-hum, SC, JP<br />

Ms WONG Mee-chun, JP<br />

Ms Annie WU Suk-ching, SBS, JP<br />

Secretary for Justice or her representative<br />

(ex officio)<br />

Commissioner of Police or his representative<br />

(ex officio)<br />

Director of Administration or his representative<br />

(ex officio)<br />

Commissioner of the Independent Commission<br />

Against Corruption<br />

(ex officio)<br />

11


Corruption Prevention Advisory Committee<br />

<br />

<br />

ANNUAL REPORT 2000<br />

TO THE CHIEF EXECUTIVE<br />

<br />

<br />

<br />

<br />

<br />

() <br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

Sir,<br />

I present my report on the work of the<br />

Corruption Prevention Advisory Committee<br />

(CPAC) for the year 2000.<br />

TERMS OF REFERENCE AND MEMBERSHIP<br />

The CPAC advises the Commissioner of<br />

the ICAC on the work of the Corruption<br />

Prevention Department (CPD). Its terms of<br />

reference and membership are at Annexes A and<br />

B respectively. The Committee has six subcommittees<br />

overseeing the work of CPD's five<br />

Assignment Groups and the Advisory Services<br />

Group. Each sub-committee consists of two nonofficial<br />

members with the more senior member<br />

serving as chairman.<br />

WORK OF THE COMMITTEE<br />

During the year, the CPAC met 12 times<br />

and considered 106 detailed reports presented <strong>by</strong><br />

CPD, of which 71 were related to the work of<br />

government departments and 35 related to that of<br />

public bodies. The reports examined a wide<br />

range of topics and made recommendations to<br />

remove corruption opportunities. A list of the<br />

reports is at Annex C. Each report was carefully<br />

studied and deliberated <strong>by</strong> CPAC to ensure that<br />

the recommendations would strengthen system<br />

control, promote good management practices and<br />

eliminate opportunities for malpractice.<br />

The sub-committees advise on CPD's<br />

work priorities and monitor progress of individual<br />

studies. They also review the implementation of<br />

the corruption prevention recommendations. The<br />

sub-committees meet half yearly and report to the<br />

main Committee on the key issues discussed.<br />

ISSUES AND EVENTS<br />

CPD is committed to promptly follow up<br />

corruption cases in the public sector which have<br />

been brought to light <strong>by</strong> corruption investigations.<br />

13 of the 106 reports resulted from this quick<br />

12


esponse approach. We note the effectiveness of<br />

this approach in providing prompt corruption<br />

prevention advice to the affected organizations.<br />

During the year, we considered a number<br />

of assignment reports relating to construction<br />

works in the wake of several corruption cases in<br />

the industry. In April, the ICAC formed a task<br />

force to further analyse the problems in the<br />

industry and to make recommendations for<br />

improvement. We endorse the task force's<br />

recommendations that government should take<br />

the lead in introducing best practices in the key<br />

areas. We also support the task force's efforts to<br />

provide ethics training for all levels of personnel<br />

in the industry. The CPD has obtained agreement<br />

from tertiary and other institutions to include<br />

corruption prevention and ethics training in their<br />

construction related courses.<br />

A key role of CPD is to secure revision of<br />

methods of work or procedures which may be<br />

conducive to corrupt practices. We are pleased<br />

that CPD's recommendations are well received <strong>by</strong><br />

government departments and public bodies. We<br />

consider it important that CPD should closely<br />

track the implementation of the recommendations,<br />

and to this end we fully endorse CPD's efforts to<br />

check at quarterly intervals client's<br />

implementation of the recommendations made in<br />

an assignment report until all the agreed measures<br />

have been put in place.<br />

Apart from the detailed studies, CPD also<br />

provides timely corruption prevention advice to<br />

government departments and public bodies<br />

through consultation, <strong>by</strong> commenting on<br />

proposed new systems and procedures and<br />

participating in inter-departmental working<br />

groups. During the year, the Department<br />

undertook more than 270 such consultation<br />

exercises and we were apprised of the content of<br />

the corruption prevention advice given.<br />

We endorse CPD's continuous effort in<br />

producing best practice packages for various<br />

trades, and 22 such packages have been issued<br />

since 1998. Two of the packages issued this year,<br />

13


, JP<br />

entitled "Procurement Procedures in Schools" and<br />

"Staff Administration in Schools", were to tie in<br />

with Education Department's school-based<br />

management policy under which aided schools<br />

assume more autonomy and responsibilities.<br />

We are pleased to note that corruption<br />

prevention in the private sector has also received<br />

due attention. CPD's Advisory Services Group<br />

(ASG) now routinely offers its assistance to all<br />

private sector organizations which have been a<br />

victim of corruption. The number of private<br />

organizations seeking the free and confidential<br />

ASG services on their own accord has also<br />

increased.<br />

On 5 December 2000, I participated in a<br />

joint press briefing <strong>by</strong> the Chairmen of all ICAC<br />

advisory committees. These briefings enhance the<br />

transparency of the work of the advisory<br />

committees.<br />

CONCLUSION<br />

The CPAC is a busy working committee.<br />

We are regularly and well briefed on the work of<br />

CPD. We agree with CPD's pro-active approach<br />

in preventing corruption and are pleased to note<br />

that practical and effective corruption prevention<br />

recommendations have been provided to client<br />

organizations on a timely basis. We are satisfied<br />

that CPD has discharged its corruption prevention<br />

functions in an efficient and effective manner.<br />

I would like to take this opportunity to<br />

express my appreciation of the contributions and<br />

support of all members, and to thank CPD staff for<br />

their efforts and dedication.<br />

CHENG Yan-kee, JP<br />

Chairman<br />

Corruption Prevention Advisory Committee<br />

14


Annex A<br />

<br />

<br />

Corruption Prevention Advisory Committee (CPAC)<br />

Terms of Reference (as at 31 December 2000)<br />

. <br />

<br />

<br />

<br />

<br />

. <br />

<br />

<br />

. <br />

<br />

1. To receive and call for reports from the<br />

Commission about practices and procedures<br />

of Government Departments, public bodies<br />

and the private sector which may be<br />

conducive to corruption and to advise the<br />

Commissioner what areas should be examined<br />

and the degree of priority to be accorded to<br />

each.<br />

2. To consider recommendations arising from<br />

such examinations and to advise the<br />

Commissioner on further action to be taken.<br />

3. To monitor action taken to implement<br />

recommendations made on the advice of the<br />

Corruption Prevention Advisory Committee.<br />

15


Annex B<br />

<br />

<br />

Corruption Prevention Advisory Committee (CPAC)<br />

Membership (as at 31 December 2000)<br />

, JP<br />

<br />

<br />

, JP<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

()<br />

()<br />

()<br />

()<br />

Mr CHENG Yan-kee, JP (Chairman)<br />

Mr Henry CHAN Shing-kai<br />

Mr Lennon CHAN Wing-luk<br />

Mr Barry CHEUNG Chun-yuen, JP<br />

Mrs Myrette Jean FOK<br />

Mr KAM Pok-man<br />

Mr Henry LAM Hing-cheung<br />

Mr Edwin LAU Chi-kit<br />

Mr NG Sai-ho<br />

Mr Herbert TSOI Hak-kong<br />

Ms Lina YAN Hau-yee<br />

Mr YAU Chung-wan<br />

Commissioner of Police or his representative<br />

(ex officio)<br />

Director of Administration or his representative<br />

(ex officio)<br />

Commissioner of the Independent Commission<br />

Against Corruption (ex officio)<br />

16


17


18


19


20


Annex C<br />

A List of <strong>Report</strong>s Issued to Government Departments and Public Sector<br />

Organisations in 2000<br />

Client<br />

Subject Area<br />

I. Government Departments<br />

Agriculture, Fisheries and<br />

Conservation Department<br />

Letting and Administration of Cleaning and<br />

Security Contracts for Wholesale Markets<br />

Architectural Services Department<br />

Letting and Administration of Design and Build Capital Works<br />

Projects<br />

Administration of Minor Works Term Contracts<br />

Buildings Department<br />

Civil Aid Service<br />

Correctional Services Department<br />

Prosecution and Disciplinary Actions<br />

Administration of Operation and Training Expenses<br />

Property Procedures<br />

Operation of Commercial Laundries<br />

Customs and Excise Department<br />

Enforcement Against Sale of Counterfeit Goods<br />

Seizure, Storage and Disposal of Dangerous Drugs Exhibits<br />

Enforcement Against Illegal Sale and Use of Fuel Oil<br />

Customs Control on Rail Passengers<br />

Seizure, Storage and Disposal of Non-Dangerous Drugs Exhibits<br />

Department of Health<br />

Purchase of High Value Medical Equipment<br />

Administration of Drug Addiction Treatment Programme <strong>by</strong> Society<br />

for the Aid and Rehabilitation of Drug Abusers<br />

Drainage Services Department<br />

Education Department<br />

Procurement Procedures for Specialist Supplies, Maintenance<br />

Materials and Equipment<br />

Administration of Contracts for the Procurement of Computer Systems<br />

for Aided Schools<br />

Curriculum Development and Textbook Review<br />

Appointment, Promotion and Termination of Service of Aided School<br />

Teachers<br />

Electrical and Mechanical<br />

Services Department<br />

Environmental Protection Department<br />

Registration and Control of Electrical Contractors and Workers<br />

Approval and Inspection of Liquefied Petroleum Gas Cylinders and<br />

Vehicles<br />

Smoky Vehicle Control Programme<br />

Management of Landfills<br />

Fire Services Department<br />

Registration of Fire Service Installation Contractors<br />

Inspection of Fire Service Installations<br />

Food and Environmental Hygiene<br />

Department<br />

Complaints Handling Procedures<br />

Supervision of Field Staff<br />

Hawker Control Operations<br />

21


Client<br />

Subject Area<br />

Enforcement of Licence Conditions for Food Businesses<br />

Booking of Cremation Times and Allocation of Columbarium Niches<br />

Government Land Transport Agency<br />

Government Property Agency<br />

Highways Department<br />

Hong Kong Police Force<br />

Procurement of Government Vehicles<br />

Leasing Out Surplus Government Quarters<br />

Administration of Capital Works Contracts<br />

Police Vehicle Pounds - Work of Motor Vehicle Examiners<br />

Handling Confidential Information at Regional Command<br />

and Control Centres<br />

Massage Establishment Licences<br />

Police Driving School - System for Driver Examination, Routine<br />

Validation and Licensing<br />

Issue of Security Personnel Permits<br />

Hong Kong Post<br />

Housing Department<br />

Administration of Staff Attendance and Overtime<br />

Management of Tenants Purchase Scheme Estates<br />

Letting and Management of Public Housing Markets<br />

Quality Control Procedures for Private Sector Participation Scheme<br />

Projects<br />

Letting of Commercial Premises<br />

Lists of Building Services Contractors and Materials<br />

Review of Site Supervision System<br />

Letting and Administration of Cleansing Contracts<br />

Review of Site Supervision System (Progress <strong>Report</strong> No. 2)<br />

Immigration Department<br />

Information Technology Services<br />

Department<br />

Innovation and Technology Commission<br />

Judiciary<br />

Admission of Talents Scheme<br />

Letting and Administration of Contracts for the Provision of<br />

Information Technology Contract Staff<br />

Administration of the Innovation and Technology Fund<br />

Work of the Probate Registry<br />

Work of the Bailiff Office<br />

Lands Department<br />

Legal Aid Department<br />

Leisure and Cultural Services Department<br />

Work of the Non-Development Clearance Unit<br />

Settlement of Personal Injury Actions<br />

Engagement of Artists<br />

Acquisition and Storage of Museum Artefacts<br />

Selection, Acquisition and Control of Library Materials<br />

22


Client<br />

Marine Department<br />

Official Receiver's Office<br />

Radio Television Hong Kong<br />

Rating and Valuation Department<br />

Social Welfare Department<br />

Subject Area<br />

Maintenance of Vessels<br />

Accounting Management for Insolvency Cases<br />

Engagement of Contractors for Programme Production<br />

Landed Property Valuation for Estate Duty and Stamp Duty Purposes<br />

Licensing of Residential Care Homes for the Elderly<br />

Application and Payment Procedures for Charitable and Trust Funds<br />

Training Scheme for Health Workers for Residential Care Homes for<br />

the Elderly<br />

Television and Entertainment<br />

Licensing Authority<br />

Enforcement of the Control of Obscene and Indecent Articles<br />

Ordinance<br />

Licensing of Amusement Game Centres<br />

Territory Development Department<br />

Transport Department<br />

Management of Projects <strong>by</strong> Consultants<br />

School Bus Licence<br />

Driving Test Appointment Procedures of Tsuen Wan Driving School<br />

Vehicle Examination Centres -Test Appointment System<br />

Liquefied Petroleum Gas Taxi Grant Scheme<br />

Water Supplies Department<br />

Licensing of Plumbers<br />

II. Public Sector<br />

Airport Authority<br />

Citybus Limited<br />

CLP Power Hong Kong Limited<br />

Estate Agents Authority<br />

Hong Kong and China Gas<br />

Company Limited<br />

Hong Kong Arts Development Council<br />

Hong Kong Baptist University<br />

Letting and Administration of the Term Contract for Airport Civil<br />

Maintenance Works<br />

Maintenance of Buses<br />

Strategic Purchasing<br />

Work of the Compliance/Regulations Section<br />

Letting and Administration of Cleaning Contracts<br />

Allocation of Project Grants<br />

Administration of Staff Benefits<br />

Recruitment of Temporary and Part-time Staff<br />

Hong Kong Housing Society<br />

Hong Kong Industrial Technology<br />

Centre Corporation<br />

Letting and Administration of Service Contracts<br />

Business Incubation Programme<br />

23


Client<br />

Hong Kong Jockey Club<br />

Hong Kong Tourist Association<br />

Hong Kong Trade Development Council<br />

Subject Area<br />

Administration of Security Contracts<br />

Management of the International Events Fund<br />

Administration of Local Trade Fairs<br />

Hong Kong Mortgage Corporation Limited Hire of Professional Consultancy Services<br />

Procurement of Goods and General Services<br />

Kowloon Motor Bus Company<br />

Letting and Administration of Contracts for Bus Body Construction<br />

(1933) Limited and Bus Overhauls<br />

Lingnan University<br />

Mandatory Provident Fund Schemes<br />

Authority<br />

Mass Transit Railway Corporation<br />

New Lantao Bus Company (1973) Limited<br />

New World First Bus Services Limited<br />

Letting and Administration of Service and Maintenance Contracts<br />

Registration and Approval of Provident Fund Schemes and Funds<br />

Project Administration of Civil Construction Contracts<br />

Fare Collection Procedures<br />

Procurement of Goods<br />

Letting and Administration of Service Contracts<br />

Securities and Futures Commission<br />

Work of the Enforcement Division<br />

Work of the Corporate Finance Division<br />

The Hong Kong Examinations Authority<br />

The Hong Kong University of<br />

Science and Technology<br />

The Hospital Authority<br />

Conduct of Practical Examinations<br />

Appointment and Administration of Consultants<br />

Investment of Surplus Funds in Fixed Income Instruments<br />

The Kowloon-Canton Railway Corporation In-house Security Services<br />

Administration of Staff Attendance and Leave<br />

Project Administration of Civil Construction Contracts<br />

Freight Operations<br />

East Rail - Ticketing and Cash Collection Procedures<br />

The Vocational Training Council<br />

Purchasing Procedures of Goods and Services<br />

Security of Examination Papers<br />

Recruitment of Temporary and Part-time Staff<br />

24


Citizens Advisory Committee on Community Relations<br />

<br />

<br />

ANNUAL REPORT 2000<br />

TO THE CHIEF EXECUTIVE<br />

<br />

<br />

<br />

<br />

<br />

()<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

Sir,<br />

I present my report on the work of the<br />

Citizens Advisory Committee on Community<br />

Relations (CACCR) for the year 2000.<br />

TERMS OF REFERENCE AND MEMBERSHIP<br />

The CACCR advises the Commissioner of<br />

the ICAC on the work of the Community Relations<br />

Department (CRD). The Committee has 17<br />

members drawn from a wide cross-section of the<br />

community. Its terms of reference and<br />

membership are at Annexes A and B respectively.<br />

The Committee has four sub-committees namely,<br />

Community Liaison Sub-Committee, Public<br />

Education Sub-Committee, Mass Media Sub-<br />

Committee and Community Research Sub-<br />

Committee which scrutinise specific aspects of<br />

work of the CRD and submit progress reports to<br />

the CACCR every quarter. A total of 26 co-opted<br />

members sit on these four sub-committees.<br />

WORK OF THE COMMITTEE<br />

During the year, the CACCR met four<br />

times and gave advice on measures to promote<br />

anti-corruption messages through multi-media and<br />

direct contact with different strata of the<br />

community. The four sub-committees held a total<br />

of 16 meetings in 2000 and their deliberations<br />

were reported to the main Committee for<br />

endorsement.<br />

In summing up the work of CACCR for the<br />

year 2000, we felt that there were several areas of<br />

the work of CRD which our Committee members<br />

would wish to bring to your attention.<br />

ISSUES AND EVENTS<br />

Civil Service and business sectors<br />

continued to be the key areas of work of CRD.<br />

The Committee supported and gave advice on a<br />

number of CRD's educational activities which<br />

aimed to raise the ethical standards of public and<br />

25


26<br />

(a)<br />

(b)<br />

(c)<br />

(d)<br />

(e)<br />

(f)<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

private sector employees. Examples of these<br />

events are :<br />

(a) the launching of the second phase of the<br />

'Civil Service Integrity Programme' which<br />

aims to enhance a culture of probity in the<br />

civil service in 2000;<br />

(b) the joint organisation of an 'Ethical<br />

Leadership Forum' with the Civil Service<br />

Bureau for senior executives in both the<br />

public and private sectors to explore ways<br />

to uphold high ethical standards in the<br />

new millennium;<br />

(c) the mapping out of a two-year preventive<br />

education plan for the banking industry<br />

and the production of a corruption<br />

prevention guide for bank managers;<br />

(d) a series of corruption prevention and<br />

training programmes for service providers<br />

of the Mandatory Provident Fund<br />

Schemes;<br />

(e) the setting up of a task force within the<br />

ICAC comprising members from<br />

Operations Department, Corruption<br />

Prevention Department and CRD to<br />

provide corruption prevention services for<br />

the construction industry; and<br />

(f)<br />

the launching of a programme on building<br />

management for owners' corporations and<br />

property management companies.<br />

In parallel, the growing popularity and<br />

rapid development of the Internet are a new area<br />

of concern for both the Committee and CRD.<br />

During the year, we discussed CRD's strategy in<br />

using the Internet to help disseminate anticorruption<br />

messages. We also suggested ways for<br />

the Department to pursue in order to improve its<br />

existing websites.<br />

CRD consulted the four sub-committees<br />

on a wide range of subjects. During the year, the<br />

Community Liaison Sub-Committee deliberated<br />

on the education and publicity programmes for<br />

the Legislative Council Elections 2000 and


TEEN<br />

<br />

<br />

<br />

TEEN<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

, SBS, JP<br />

recommended the future strategy for the elections<br />

in rural sector. They also processed applications<br />

for funds made <strong>by</strong> various organisations who were<br />

interested in organising anti-corruption activities.<br />

The Public Education Sub-Committee<br />

advised the Department on a series of activities<br />

which aimed to instil positive values in children<br />

and young people. These activities included the<br />

production of a comic book on the 'Gee-dor-dor'<br />

television cartoon series and a new chapter for the<br />

'Teensland' Website for youth. Members also<br />

supported the idea of setting up a 'Moral<br />

Education' Website for teachers.<br />

To enhance the dissemination of anticorruption<br />

messages, the Mass Media Sub-<br />

Committee gave their views on the structure of the<br />

ICAC Corporate Website and the contents of the<br />

Youth Website 'Teensland'. Members also advised<br />

the Department on the ways of co-operation with<br />

advertising agencies and electronic media in the<br />

production of corruption prevention advertising<br />

and media programmes.<br />

The Community Research Sub-Committee<br />

monitored the ICAC Annual Survey 2000. Upon<br />

completion of fieldwork, members discussed its<br />

findings and their implications on community<br />

education strategy. The survey findings were<br />

released to the public at a press briefing in mid-<br />

2000. The Sub-Committee also gave valuable and<br />

professional comments on the design of the<br />

questionnaire and the methodology to be adopted<br />

in a number of in-house surveys.<br />

APPRECIATION<br />

I wish to take this opportunity to record<br />

my thanks to members of the CACCR and its subcommittees<br />

for their contributions and support<br />

during the year. I would also like to thank CRD<br />

staff for their service and efforts.<br />

Professor CHENG Kai-ming, SBS, JP<br />

Chairman<br />

Citizens Advisory Committee on<br />

Community Relations<br />

27


Annex A<br />

<br />

<br />

Citizens Advisory Committee on Community Relations (CACCR)<br />

Terms of Reference (as at 31 December 2000)<br />

. <br />

<br />

<br />

. <br />

<br />

. <br />

<br />

1. To advise the Commissioner of the Independent<br />

Commission Against Corruption measures to<br />

be taken to foster public support in combating<br />

corruption and to educate the public against<br />

the evils of corruption.<br />

2. To receive and call for reports on action taken<br />

<strong>by</strong> the Community Relations Department of<br />

the Commission in pursuance of (1) above.<br />

3. To monitor community response to the<br />

Commission's work and public attitudes<br />

towards corruption in general.<br />

28


Annex B<br />

<br />

<br />

Citizens Advisory Committee on Community Relations (CACCR)<br />

Membership (as at 31 December 2000)<br />

, SBS, JP<br />

, SBS, JP<br />

, JP<br />

, MH<br />

, JP<br />

, MH<br />

<br />

<br />

<br />

<br />

, JP<br />

<br />

, BBS, JP<br />

, BBS, JP<br />

<br />

<br />

, JP<br />

<br />

()<br />

<br />

Professor CHENG Kai-ming, SBS, JP (Chairman)<br />

Mr CHAN Bing-woon, SBS, JP<br />

Mr Paul CHAN Kam-cheung, JP<br />

Ms CHAU Chuen-heung, MH<br />

Mr Philip CHEN Nan-lok, JP<br />

Ms Jennifer CHOW Kit-bing, MH<br />

Dr Robert CHUNG Ting-yiu<br />

Mr Phileas FOK Kwan-wing<br />

Mr Andy HO On-tat<br />

Mr Herbert HUI Ho-ming<br />

Mr HUI Yung-chung, JP<br />

Dr LO Tit-wing<br />

Mr George NG Sze-fuk, BBS, JP<br />

Mr TAI Hay-lap, BBS, JP<br />

Mr TAM Ping-shing<br />

Mr Zachary WONG Wai-yin<br />

Mr YUEN Mo, JP<br />

Commissioner of the Independent Commission<br />

Against Corruption (ex-officio)<br />

29


, JP<br />

<br />

<br />

<br />

<br />

<br />

, BBS<br />

<br />

<br />

(.. - ..)<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

, JP<br />

<br />

, JP<br />

<br />

<br />

<br />

<br />

Membership (Co-opted Members)<br />

Dr. CHAN Kin-man<br />

Professor Joseph CHAN Man<br />

Miss Cecilia CHEN Sheau-ling, JP<br />

Mr. King CHENG King-hung<br />

Mr. John FUNG Yat-chu<br />

Professor Simon HO Shun-man<br />

Mr. Ted T.P. TSIUNG<br />

Ms Julie HUI Ching-ling<br />

Mr. KAN Tai-keung, BBS<br />

Mr. KWAN Chuk-fai<br />

Dr. LAM Chi-chung<br />

Mr. LAU Kwong-mo (27.6.2000 - 31.12.2000)<br />

Dr. Priscilla LEUNG Mei-fun<br />

Mr. Alvin LI Wing-kong<br />

Mr. LO Wing-hung<br />

Miss Shirley LOO<br />

Ms Belinda LUK Kwan-sim<br />

Ms Kitty LUN Kit-ying<br />

Mr. NG Chun-bong<br />

Mr. Almon POON Chin-hung, JP<br />

Mrs. TAI LAM Sau-mui<br />

Mr. TIK Chi-yuen, JP<br />

Dr. Janie TO Wai-lan<br />

Mr. YIP Hon-leung<br />

Mr. YU Chung-ki<br />

Mr. Peter YUEN<br />

30

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