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Chapter 4 Operations Department .% () ( ) ESTABLISHMENT The Operations Department is the investigative arm and the largest department of the Commission. The Head of Operations, who is also the Deputy Commissioner, is responsible to the Commissioner. At the end of 2000, the Department had a staff strength of 932 officers, representing 72.5% of the Commission’s total strength. RESPONSIBILITY AND POWER The Department is responsible for receiving, considering and investigating alleged offences under the Prevention of Bribery Ordinance, the Independent Commission Against Corruption Ordinance and the Elections (Corrupt and Illegal Conduct) Ordinance. The Department is also responsible for investigating any conduct of a public servant which, in the opinion of the Commissioner, is connected with or conducive to corrupt practices and to report thereon to the Chief Executive. Investigating officers have powers of arrest without warrant for offences stipulated in the above three anti-corruption ordinances and for offences connected with or facilitated by corruption that are disclosed in the course of investigation. The powers to enter and search premises for evidence of these offences are normally granted by the court under judicial warrants. PROSECUTION OF CASES The consent of the Secretary for Justice is required for the prosecution of any offence in Part II of the Prevention of Bribery Ordinance. In practice, the Commission seeks the advice of the Department of Justice before commencing any prosecution of corruption and/or related offences. SOURCES OF CORRUPTION CASES Corruption Complaints We encourage the public to report corruption or suspected corruption by using the ICAC Complaint Hotline (2526 6366), by letter (GPO Box 1000), in person to the Operations Department Report Centre or any of the eight Regional Offices throughout the territory. 28
, % %, % ,, % % , , % Directorate officers of the Department consider all reports on a daily basis and decide whether to investigate or to refer them to other government departments or public organisations. Proactive Approach The Department has in recent years adopted a proactive approach to detect unreported corruption and identify potential areas for corruption. The approach has proved to be effective and has uncovered several major and serious cases of corruption in both the public and private sectors. STATISTICS ON REPORTS Apart from election-related cases, the Department received a total of 4,390 corruption reports in 2000, representing an increase of 23% over that in 1999. Of these, 602 corruption reports concerned the Hong Kong Police, representing an increase of 95 reports or 19% over the previous year, and 1,130 reports concerned officers of other government departments, representing an increase of 192 reports or 20%. The number of reports of corruption in the private sector increased by 26% from 1,904 in 1999 to 2,402 in 2000. 256 reports concerned members of public bodies, compared with 212 in 1999, representing an increase of 21%. Of the 4,390 corruption reports received during the year, 3,002 reports were by complainants who identified themselves, representing 68% of the total reports received. Elections In 2000, the Department received 229 election complaints, of which 111 concerned the 2000 Legislative Council elections, seven concerned the 2000 District Council by-election, 106 concerned the 1999 District Council elections, two concerned the 1998 Legislative Council elections and one concerned the 1995 Legislative Council elections. The remaining two complaints were related to the Rural Committee elections held in 1998 and 1999. Of the 229 complaints, only 32 involved bribery whilst the remainder concerned illegal conduct. All except 17 complaints were capable of investigation and of these 17, one was referred to the Electoral Affairs Commission for action. 29
Page 1 and 2: 2000 Annual Report by the Commissio
Page 3 and 4: Independent Commission Against Corr
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Page 7 and 8: (b) (c) (d) (e) (f) (i) (ii)
Page 9 and 10: Chapter 2 Commissioner’s Review
Page 11 and 12: To tackle the problem of rising rep
Page 13 and 14: , practices and
Page 15 and 16: 35 jurisdictions brainstormed over
Page 17 and 18: ▲ Mr Zhang Xue-jun, Chief Procu
Page 19 and 20: ▲ Closing loopholes in freight
Page 21 and 22: ▲ ICAC Common Induction Course
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Page 39 and 40: USA, the Royal Canadian Mounted Pol
Page 41 and 42: Chapter 5 Corruption Prevention Dep
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Page 45 and 46: Customs and Excise Department (C&ED
Page 47 and 48: selection exercises to declare conf
Page 49 and 50: Hong Kong Examinations Authority (H
Page 51 and 52: Finance Bureau - Proposed Amendment
Page 53 and 54: feasibility study of the computeriz
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Page 65 and 66: Appendices 1. Organisation of Inde
Page 67 and 68: Appendix 1 Organisation of the Inde
Page 69 and 70: Appendix 3 Overseas Visitors to ICA
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Date Country Organisation Visitor(s
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Appendix 5 Time Taken to Complete
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Appendix 7 Time Taken for Outstand
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Appendix 9 Number of Persons Pros
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Appendix 11 Number of Persons Pr
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Appendix 13 Number of Persons Arres
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Client Subject Area Administratio
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Client Subject Area Lists of Buil
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Client Subject Area Public Sector
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Client Subject Area Freight Opera
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New Territories Districts ICAC Reg
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Contents 2 Advisory Committee o
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Commission's policy initiatives and
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Annex B Advisory Committee on Cor
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, SBS, JP prosecuted, it represents
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Annex B Operations Review Committ
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esponse approach. We note the effec
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Annex A Corruption Prevention Ad
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Annex C A List of Reports Issued to
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Client Marine Department Official R
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Citizens Advisory Committee on Comm
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TEEN TEEN , S
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Annex B Citizens Advisory Committ
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