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Operations Department Review 2002 - 廉政公署

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587 of the 613 defendants whose prosecution was<br />

completed in <strong>2002</strong> were interviewed on video. 114 challenged<br />

the interviews, and as a result the interviews of 20<br />

individuals, relating to 16 cases, were ruled inadmissible.<br />

In six cases the interviews were ruled inadmissible because<br />

the judges or magistrates were not satisfied beyond<br />

reasonable doubt that the admissions made were voluntary.<br />

In another two cases they ruled that the interviews were<br />

inadmissible because the status of the suspects (i.e. witness<br />

or suspect) had not been made clear during the interviews.<br />

604 persons were prosecuted in <strong>2002</strong>. This total<br />

included 536 individuals in private sector cases, comprising<br />

99 prosecuted for involvement in corrupt transactions contrary<br />

to Section 9 of the Prevention of Bribery Ordinance; 19<br />

for offences of offering bribes to Government officers or<br />

public servants contrary to sections 4(1) and 8; four for conspiracy<br />

to commit Section 4(2) and one for offering bribes<br />

to procure a public body contract contrary to Section 5(1);<br />

one was charged with disclosing the identity of a person<br />

under investigation, two with making false reports, four<br />

with offences under the Corrupt and Illegal Practices<br />

Ordinance, and 406 for offences under the ICAC<br />

Ordinance. With the agreement of the ICAC, the Police<br />

undertook the prosecution of two persons arrested for<br />

offering bribes to police officers during police investigations<br />

into other offences. Of the 613 defendants whose<br />

prosecution was completed in <strong>2002</strong>, 455 were convicted. A<br />

further 116 individuals were formally cautioned. In <strong>2002</strong>,<br />

the <strong>Operations</strong> <strong>Review</strong> Committee recommended disciplinary<br />

action against 165 persons compared with 188 in 2001.

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