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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 />
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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 />
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<br />
<br />
(a)<br />
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<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 />
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<br />
(ii) <br />
<br />
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(iii) <br />
( ) <br />
<br />
(iv) <br />
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(v)<br />
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(vi) <br />
()<br />
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(vii) <br />
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(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 />
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(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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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 />
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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 />
11
%<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 />
12
,<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 />
13
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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 />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<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 />
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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 />
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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 />
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(http://www.icac.org.hk)<br />
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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 />
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<br />
<br />
<br />
<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