Independent Commission Against Corruption (Hong Kong)
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The Independent Commission Against Corruption (ICAC; Chinese: 廉政公署; and 總督特派廉政專員公署 before 1997) of Hong Kong was established by Governor Murray MacLehose on 15 February 1974, when Hong Kong was under British rule. Its main aim was to clean up endemic corruption in the Hong Kong Government and, in particular, the Royal Hong Kong Police Force (now Hong Kong Police Force). The ICAC is headed by the Commissioner.
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[edit] Background
The Hong Kong Police had previously had an Anti-Corruption Branch, but it did little to reduce corruption. There was a popular perception among Hong Kong locals the Anti Corruption cops essentially, following the discovery of corrupt practises, would then enter themselves into the dodgy deals.
A particular example was Peter Fitzroy Godber, a senior officer at Wanchai police station and later at Kai Tak Airport police station. Before his retirement due date in 1973, he had amassed no less than 4.3 million Hong Kong Dollars (approximately 600,000 US Dollars) in his overseas bank accounts. The police anti-corruption branch investigated his mysterious wealth and ordered him to explain his source of income. In response, Godber immediately arranged for his wife to leave the colony, then he used his police airport pass to bypass Immigration and Passport checks and walked onto a plane for London. Godber's escape led to a large public outcry over the integrity of the quality of the police's self-investigation and called for reforms in the government's anti-corruption efforts.
The newly-formed Independent Commission Against Corruption was created to root out corruption; unlike the old Police Anti-Corruption Branch, the new ICAC would be answerable to only the Governor of Hong Kong. Local cynics first joked that "ICAC" stood for "Investigating Chinese Ancient Customs" or even "I Can Accept Cash".
Godber was eventually extradited and brought back to Hong Kong for trial in 1974 but not before the ICAC granted two other high-ranking police officers amnesty over their own corruptions. Godber was convicted and sentenced to four years in jail.
[edit] Development
In the early days there were running punch-ups between ICAC officers and angry policemen who stormed their offices in Central District; this situation ended only with the announcement of a partial amnesty for minor corruptions committed before 1977. But gradually, the ICAC made itself felt and several high profile police officers were tried and convicted. Others were forced to retire. As a result of its investigations, a mass purge took place in early 1978, where it was announced that 119 officers including one customs official were asked to leave under the provisions of Colonial Regulation 55 (see below) to fast track the decisions in the public interest; a further 24 officers were held on conspiracy charges, 36 officers and a customs official were given amnesties[1]. The move received a mixed response from the public whilst being broadly supported by Legislative councillors as being in the best interests of Hong Kong no to let the affair fester and further demoralise the Police Force[2]. Elsie Elliot criticised the government for being lenient to senior corrupt officials and punished only "small flies."
[edit] Controversy over use of Regulation 55
Henry Litton, Chairman of the Hong Kong Bar Association questioned the use of Regulation 55, when Regulations 56 and 57 (which provides for "dismissal after due enquiry" before a judge) could have been used[3]. He furthermore said " As far as I know, Colonial Regulations apply to only sovereign gazetted officers", and that "no Chinese policeman has ever been given a copy ...before signing on". Most Legislators supported the move as "exceptional circumstances" and "necessary."
[edit] Constitutional status of the Commission
In preparation for Hong Kong's reunification with China in 1997, the National People's Congress of the People's Republic of China enacted the Hong Kong Basic Law in 1990, providing for the establishment of a Commission Against Corruption. This anti-graft agency thus subsists as a constitutionally sanctioned body. As a passing remark the name of the agency has been questioned as unconstitutional; however, as the Chinese version of the Basic Law prevails over the English version, this is not considered a misnomer. Another interpretation is that the Basic Law states only that such a commission has to be established without directing how it should be named.
In 2005, there were several legal cases in which evidence presented by the ICAC was ruled to have been collected through means that were unconstitutional.
[edit] Colonial Regulation 55
Colonial Regulation 55 is an executive provision of the highest order for which the colonial Government is not obliged to give cause. It stipulates that "An officer holds office subject to the pleasure of the Crown, and the pleasure of the Crown that he may no longer hold it may be signified through the Secretary of State, in which case no special formalities are required."
As a safeguard for this regulation, action must be taken by the Secretary of State for Foreign and Commonwealth Affairs in London after review by the Secretary of the Civil Service and the British Attorney General. The highest authority would have been the Lord Chancellor.
Its provisions were used approximately 25 times by the colonial Government as at 1978, including twice under Governor MacLehose.
[edit] Organisation
Commissioners of the ICAC
- Fanny Law 2006-present
- Raymond H.C. Wong 2003-2006
- Ambrose S.K. Lee 2002-2003
- Alan Nai Lin 1999-2002
- Lily Yam 1997?-1999
- Tony Kwok Man-wai
- Peter Allan QC
- Sir Jack Cater 1974-1978
[edit] References
- ^ "119 forced to retire in graft purge", South China Morning Post, April 9, 1978, pp. 1, 26. Retrieved on October 24, 2006.
- ^ "Graft purge receives mixed public response", The Gist, April 10, 1978. Retrieved on October 24, 2006.
- ^ Guild, Frazer. "Dismissals under fire", Hong Kong Standard, April 8, 1978. Retrieved on October 24, 2006.
