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Prosecutions and Cautions
Not all offenders are prosecuted in court.
The guidelines issued by the Department of Justice
provide that a caution may be administered for
minor offences, particularly when it is considered
not in the public interest to prosecute. In 2000,
608 persons were prosecuted and 94 formally
cautioned. A breakdown of the number of
persons prosecuted and cautioned since 1974 is
shown at Appendix 8. Appendix 9 shows the
number of persons from various government
departments, public bodies and the private sector
who were prosecuted in 2000 for corruption and
related offences.
Of those prosecuted, 455 persons were
from the private sector and 82 were private
individuals prosecuted for their dealings with
government or public servants contrary to the
Prevention of Bribery Ordinance or ICAC
Ordinance. Among these 537 persons, 134
persons were charged with involvement in corrupt
transactions in the private sector contrary to
section 9 of the Prevention of Bribery Ordinance;
one was charged for his dealing with government
or public servants contrary to the Prevention of
Bribery Ordinance; 29 persons were charged with
offering bribes to government or public servants
contrary to section 4(1) or section 8 of the
Ordinance; 12 persons were prosecuted for
offences under the Elections (Corrupt and Illegal
Conduct) Ordinance and 361 persons were
prosecuted for offences under the ICAC
Ordinance. In consultation with the ICAC, the
police also undertook the prosecution of three
persons arrested for offering bribes to police
officers during the course of police enquiries.
Appendix 10 shows the type of corruption and
related offences prosecuted in 2000. A
breakdown of persons prosecuted for offences
connected with or facilitated by corruption
offences is at Appendix 11.
Referrals
During the year, we referred 1,291 reports
of a non-corruption nature to the appropriate
government departments and public organisations
concerned. Appendix 12 shows the number and
the nature of cases referred to the Complaints
Against Police Office of the Hong Kong Police
Force.
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