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Aooual Report 00 the Activities of the Iodepeodeot Commissioo Agaiost Corruptioo for 1991
Prepared for submission 10 the Govemor in accordance with Section 17 of 1he Independenl Commission Against Corruption Ordinance (Cap. 204)
Peter AlIan Commissioner of lhe lndependent Commission Against Corruption Hong Kong
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Contents
Chapter 1: lntroduction Constitution Advisory Committees Organisation of the ICAC Responsibilities of the Commissioner
9 Chapter 11 : Commissioner's Review
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Chapter 111 : Administrat的n 8ranch General Administration Training and Development Staff Relations and Welfare Overseas Visitors Long Service Awards for ICAC Officers
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Chapter IV : Operations Department Statutory Responsibilities, Powers of Investigation. Arrest, Search and Seizure Prosecution of Cases Procedures for HandLing AlLegations of Corruption Statistics on Reports Investigations and Prosecutions Interviews, Arrest and Detention Proced叮叮Video Taping Interviews of Suspects Establishment Staff Structure Training Overseas Attachments and Training The Internal Investigation and Monitoring Group Al legations of Corruption against ICAC Officers Allegations of Crime against ICAC Officers Impersonating ICAC Officers Disciplinary or Administrative Action against Crown Servants Accountancy Support Computerisation
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Chapter V : Corruption Prevention Depal初.ent
Structure and Establishment Review of Work Assignments Consultation Activities External Training Advisory Services
23 Chapter VI : Commun仰Rela郎郎Department
23 Role 23 Structure and Establishrnent 23 M句or Areas of Work 25 Liaison wi曲Organisations in China 25 Future Direction
26 Appendices
Chapter 1 Introduction
T he hdmndentCommission Against Corruption (ICAC) wa
established on 15 February 1974 with the enactment of the Independen1 Commission Against Corruption Ordinance (Cap. 204).
Previously, detection and investigation ofco汀uption was the responsibility of the Anti-Corruption Office of the RoyaJ Hong Kong Police Force. Following the publication of the report of a Commission of Inquiry held by Sir Alastair BLAIRKERR into corruption in Hong Kong and other related matters, His Excellency the Govemor announced at 出e opening session of the Legislative Counci l on 17 October 1973 出at responsi bility for the detection and investiga1ion of corruption would be transferred to an independent orgarusatlOn.
CONSTITUTION The Commission derives its existing charter from the Independent Commission Against Corruption Ordinance. The independence of the Commission is estab!ished by the Commissioner being formaJly and directly responsible to 出e
Govemor. In carrying ou1 its work the Commission functions as an independent organ of the public service.
ADVISORY COMMITTEES Every aspect of the work of the rCAC comes under the scrutiny of independent cornmittees comprising responsible citizens drawn from aJl sectors of 出e
community and appointed by the Govemor.
The Advisory Committee Oll Corruptioll reviews the overall policy of the Cornmission. lLs Chairman is a former member of both Executive and 1元gislative Councils. Should any aspect of the ICAC's organisation or operation cause concem to the Committee, its te口ns of reference 陀quire it to draw such problems to the attention of the Govemor. The work of aJ l three departments and the Administration Branch comes under its scrutiny. The Committee met once
5
during the year. The Terms of Reference and Membership of the Committee 訂e at Appendix 1.
The Operatiofls R eview Committee whose Terms of Reference and Membership 缸e at Appendix 2, ad泊必S on the Operations Dep街tment's work under 侃Chairmanshipof the Commissioner. It meets normally eve可 six weeks to consider and advise on completed and outstanding prosecutions, statistics. comple1ed investiga1ions which have not resulted in prosecutions, and cases under disciplinary process by the Civil Service Branch and Government departrnents. The Committee may recommend that the details of an investiga1ion which was not prosecuted on legaJ advice or in which prosecution failed but which revealed indications of maJprac討ce on the part of a Crown servant, be passed to the head of department or the Secretary for the Civil Service for ∞nsideI訕。n of disciplinary or administrative actlOn. 明1e Committee met on eight occasion
during 1991 and advised on 140 reports covering 263 investigations which had not resulted in prosecutions. The SubCommittee , which cons iders less complicated investigation reports, also met on eight occasions, two days prior to the main Committee meeting. The SubCornmittee considered 1,073 reports of minor investigations and brief reports of 679 aJlegations impracticable to pursue.
The Corruption Prevention Advisory Committee met 12 1imes in 1991 10 ∞nsider閃閃的 p悶悶red by the Corruption PI它vention Department and to advise on the recornmendations made. The Terms of Reference and Membership of the Committee are at Appendix 3. A Sub-Committee advises on work priorities, reviews prog ress and monitors implementation of recornmenda討ons by c1ients; it met six times in 1991. The Advisory Committee and Sub-Cornmittee considered 104 reports in 199 1, as against 90 in 1990.
The Citizens Advisory Committee on Community Relatiolls advises the Community Relations Department on its work. The Terms of Reference and Membership of the Commiltee are at Appendix 4. The Committee has 15 members who are appointed by the Govemor and drawn from a wide cross-S民tion of the∞mmunity. ln 19叭 ， onenew member was appointed to the Comminee whlle 16 others were co-opted to its four sub-committees which deal with different aspects ofthe Department's work.
The ICAC Complaints Committee whose Terms ofReference and Membership are at Appendix 5 met on one occasion during 1991. The Commission notifies the Committee of a l1 complaints (which are not related to co付uption or other crimes) against lCAC and its officers and also subrnits detailed reports on 趴e investigation of each case.
During the year, the Commission I玖玖ved 13∞mpl也nts against Comrnission staff. By year end three investigation had been completed, which were wi出 the
Complaints Committee for consideration. Of the remaining 10 complaints, six were under investigation, two were withdrawn and two were awaüing completion of related criminal enquiries or proceedings.
Of the complaints received in years priorto 199 1 ， 由reewe陀 awaiting completion of ongoing criminal investigations and one was under investigation.
O RGANISATION OF T HE ICAC The Commission comprises the office of the Commissioner and three functional departments一 Operations， Corruption Prevention and Community Relationsserviced by the Admi nistration Branch. Its organisation is as shown in the chart in Appendix 6.
RESPONSIBILIT IES OF T HE COMMISSIONER The Commissioner is directly responsible to the Govemor for the duties set out in Section 12 of the Independent Commission
6
Ag也nst Corruption Ordinance as foLlows: lt shall 扭曲e duty of the Comrnissioner,
on behajf of the Govemor, to: (a) receive and consider complaints
alleging corrupt practices and investigate such of these complaints as he considers practicable;
(b) investigate一(i) any a l1eged or suspected offence
under this Ordinance; (ü) any alleged or suspected offence
under the Prevention of Bribery Ordinance (Cap. 201);
(山) any alleged or suspected offence under the Corrupt and IllegaJ Practices Ordinance (Cap. 288);
(iv) any al1eged or suspected offence of blackrnail committed by a Crown servent by or through the misuse of his office;
(v) any aJ leged or suspected conspiracy to commit an offence under the Prevention of Bribery Ordinance (Cap.201 );
(vi) any aJ leged or suspected conspiracy to commit an offence under the Corrupt and Illegal Practice Ordinance (Cap. 288); and
(vü) any aJleged or suspected conspiracy (by two or more persons including a Crown servent) to commit an offence of blackrnail by or through the misuse of the office of that Crown servent;
(c) investigate any conduct of a Crown servant which, in the opinion of the Commissioner, is connected with or conducive to coπupt practices and to report thereon to the Govemor;
(d)ex訕訕ne the practices and procedures of Govemrnent departments and public bodies, in order to fac ilitate the discovery of coπupt practices and to secure the revision of methods of work or procedures whlch, in the opinion of the Commissioner, may be conducive to corrupt practices;
(e) instnlct, advise and assist any person, on the latter's request, on ways in which corrupt practices may be eliminated by such person;
的 advise heads of Govemment departments
or of public bodjes of changes in practices or procedures compatible with the effective discharge of the duties of such departments or public bodies which the Comrrussioner thinks necessary to reduce the likelihood of the occurrence of co汀uptpractlces;
(g) educate the public against the evils of coηuption ; and
(h) e叫ist and foster public suppo口 10
combatting coπuption.
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Chapter 11 Commissioner's Review
I as…d office as Commissioner州on 1 December 1991 on the retirement
of my predecessor, Mr David Jeaffreson. It is fitting 出at 1 should, in my opening words, pay tribute to his leadership for the past three years. David Jeaffreson was and is held in high regard by those who work in the Commission and it came as no surprise to me to find that the organisation which J took over was highJy professional, efficient and e仔ective.
Of partjcular significance in the co叮se ofthe y問r past was the requirement that the expenditure of the Commission be reduced. This requirement is reflected in what are currently draft estimates for 1992/93 by a reduction of 3.1% for that financia1 year ag也nst the actual revised figures for 1991/92. Those savings will be achieved by way of intemal reallocation of resources and implementation of more cost-effective means of promoting public education.
1 remain confident that these cuts will not impact significant1y on the effectiveness of the Commission in the fulfilment of its statutory functions and 1 have, in fact, called for a further in-depth intemal review in order 出at we might ascertain whether further cuts are achievable without impairrnent of performance.
It has quickly become evident to me just how much the Comrnission depends on the tru鈍， confidence and goodwill of the community. That such exists and in very high measure is reflected in many ways : the willingness with which busy and highly respected leaders of the community accept invitations to take on yet more and participate in our advisory committees; the large numbers of those who participate in our educational functions which in tum are designed and implemented with the voluntary (and sometimes fmancial) assistance of community groups; and in the provision of reports of activities which are perceived by those reporting as being appropriately the subject of investigation by the Commission.
No fewer than 3480 such repo的 were
made to the Commission in the course of
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1991 and whi1st not all of them were corruption reports the number of reports which were capable of classification as pursuable co汀uption reports (1759) was the highest recorded in the Commission's history. To a large extent 出at figure reflects the fact 出at members of the public- in a display of confidence in the Commission- are increasingly willing to identify themselves and assist to 出eextent possible in the pursuit of those engaging in co汀up1 activities. The number of pursuable reports received also led to the Operations Department having a case load of 的o at the end of the year.
ln terrns of statistical trends the co叮uption reports received relating to the Police showed a decrease of 6% from 475 in 1990 to 446 in 1991. Those relating to civil servants in other Govemment departments fell by 18%, from 650 in 1990 10 532 in 1991. Reports involving 出eprivate sector increased by 13%, from 1207 in 1990 to 1369 in 1991. However, these figures include the 224 reports of election offences 凹 的91 under the Corrupt and I1legal Practices Ordinance compared to only 11 in 1990. Overall, private sector reports accounted for 57% of aIl reports received by the Cornmission.
Although 1 have been with the Comrnission for such a short time, it is clear to me that the substan世al achievements of the Commission in 出e past ye缸， and indeed since its estabJishment，訂eattributable to a unique blend of cooperation and assistance from those in the community who have provided assistance m 出emωmer briefly described above and plain old-fashioned industry, loyalty and application by the men and women who work in the Commission. To all of them my thanks.
1 look forward to a successful1992.
Chapter 111 Administration Branch
T 叫dmin川nis凶s叫 ion 巾B卸ran叫n肘叫C吋hh悅ea吋de吋db句yal削n Assistant Director, is
responsible for management of personnel, finance, supplies and general matters, and for administration of the training, staff relations, welfare, and community research activities of the Commission.
In adrninistrati呃， fmancial, a∞ounting
and supplies matters, the Commission operates under Govemment regulations and the Administration Branch is responsible for ensuring 出at these regulations and other standing procedures are followed.
GENERAL ADMINISTRA TION The establishment of the Commission at the end of 1991 was 1,219. Its strength was 1, J 48 : Operations Department- 794; Corruption Prevention Department- 58; Community Relations Department- 212 and Administration Branch- 84.
Administrative and support staff 訂e
members of grades common to the Govemment generally. Their salaries are 由e same as those of their counterparts in the Civil Service.
The other officers employed in the Commission are in the directorate grade or in grades special to the Commission. These departmental grade officers are paid from the ICAC Pay Scale. The adv isory responsibility for matters relating to the pay and conditions of service of ICAC departmental grade offi閃閃 rests with the Standing Committee on Disciplined Services Salaries and Conditions of Service.
Appointments in the Commission are normally on gratuity-bearing agreements. Some officers, whether on agreement or secondment, are serving on release from the Hong Kong Govemment and from the British Police Forces. A1l officers in 出e ICAC are subject to conditions of service set out in 出e Independent Commission Aga inst Corruption Ordinance.
The Commiss io n is financed from a s ing le head of expenditure in the Govemment's annual estimates. The
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Advisory Committee on Corruption and the Government Secretariat consider the armual estimates of expenditure which are subrnitted to the Govemor in ac∞rdance
with Section 14( 1) of the Independent Commission Against Corruption Ordinance for approval. The Commission's accounts are administered in accordance wi出 the
usual Govemment procedures and are su吋ect to examination by the Director of Audit in the same way as the accounts of Govemment departments.
TRAINING AND DEVELOPMENT The Training and Development Section is responsible for managing the Commission Training School, co-ordinating training activities throughout the Commission and providing in-house training other than that relating to investigative skills. The section also maintains a Resources lnformation Centre which keeps more than 3,000 copies of reference materials. The facility provides a convenient reference point for par位cipants conducting research, projects and self-directed studies at the Training School and for all sta叮 of the Commission in their daily work.
During the year, the Commission organised 33 in-house programmes which included induction training, basic training, refresher, management, language, public speaking, computer, and other job-related courses. These progr剖nmes were attended by 671 officers. A汀angementswere made for 162 officers to attend manageme肘， computer and language courses run by the Civil Service Training Centre. The Commission also sponsored staff to take part in job-related and educational prograrnmes organised by local tertiary and other 甘aining institutes. ln 1991 , 273 officers were sponsored on such programmes.
The Commission seeks oppo此unitiesfor staff development 血rough overseas 甘aining. Eleven Commiss ion staff benefitted from 甘也ning courses in the United Kingdom, United States, Malaysia and the People's Republic of China during the year.
ST AFF RELATIONS AND WELF ARE A Senior Staff Relations Officer acts as a bridge between sta仔 and management 創1d provides welfare suppo叫 to staff.
The Commission StaffConsultative Committee comprises the Commissioner as Chai rman and 31 e lected s taff representatives of the various ranks and departments of the Commission. The Committee 's main objective is to provide a channel for staff to express their views d甘ect to the Commissioner on mauer affecting them and their welfare. This channel is in addition to similar channels of comrnunication in departments. The Consultative Committee held four regular meetings during the year.
The ICAC Welfare Fund provides relief to staff in need of financia1 assistance and finances welfare activities.
The ICAC Credit Ullion w的 formed
by the staff in December 1978 to provide credit facilities for its members in accordance with the Credit Unions Ordinance. It is run entirely by elected office-bearers of aJl ranks from wilhin the Commission and is one of the well established credit unions in Hong Kong. By year end , there were 942 members with total savings in the region of HK$7.7 million.
The ICAC StaffClub organised a varied programme of sporting and recreational events during the year. Staff Club members also participated in a number of inter-departmental sporting competitions and fund-raising activitie for ch訂ity .
OVERSEAS VISITORS The Commission has established a reputation for being one of the world's leading anti-corruption agencies. During the year, the Commission received visits from nine different organisations in China and 39 vis itors from nine other countnes.
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LONG SERVICE AWARDS FOR ICAC OFFICERS 甘1e ICAC presents a memenωto sta仟 to
mar灰白e汀 long service with the Commission. The memento is in the form of a special plaque, bearing the nωne and the dates of service of the recipient. As at 14 February 199 1, the Commission' s anniversary day, afu前her 56 ICAC officers had completed ten or more ye也1)' service and had become eligible for the awards. A total of 636 ICAC officers had by then completed ten or more ye訂s ' service. Of this total , 511 were still serving in 出e ICAC and represented 45% of the Comrnission's streng出. The continuity and stability provided by these officers has played a signjficant part in the success of the ICAC over 出e past 17 years.
Chapter IV Operations Department
STATUTORY RESPONSffiILITIES, POWERS OF INVESTIGATION, ARREST, SEARC H AND SEIZURE T 加ωOpe叮叫r
responsible for investigations. It is the largest of the Commission 's three departments and its 8 18 posts comprise 67% of the Commission 's present estabLishment of 1,2 19 posts. (See Appendix 6)
The Director of Operations is also 出eDeputy Commissioner. He is responsi ble to the Commissioner, who is subject only to the direction and control of the Govemor. The duties of the Director of Operations are as prescribed in the lndependent Commission Ag也nst
Corruption Ordinance, which inter alia, provides for the investigation of alleged or suspected 。他nces under 趴atO叫inan白，
the Prevention of Bribery Ordinance, and the Corrupt and Dlegal pra咱也s O吋inan臼.
lnvestigating officers have powers of arrest without warrant for offences specified in the three anti-corruption ordinances, for other 0何ences disclosed during the investigation of a suspected offence under the Prevention of B吋beryOrdinance, and for a number of other specified serious offences.
P ROSECUTION OF CASES None of the offences in Part n of the Prevention of Bribery Ordinance may be prosecuted without the consent of the Attorney General. ln practice, the Operations Department consults the Attomey General 's Chambers when any prosecution is under consideration for corruption or related offences.
PROCEDURES FOR HANDLING ALLEGATIONS OF CORRUPTION Reports which allege corrupt activity are made by the public by telephone, person剖visit, or by letter, either directly to the Operations Department Report Centre, or to any of the eight Regional Offices of the Community Relations Department.
Each morning reports are considered by Directorate officers, and a decision is made to investigate or to refer reports to
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other Govemment departments.
STATISTICS ON RE PORTS During the three years 1989- 19叭 ， the tot叫 number of reports ranged from 3,420 to 3,520. The 1991 figure of 3,480 showed a decrease of 1 % when compared with 1990.
ln 199 1 corruption reports (2,41 1) increased by 1ess than 1 % and non-corruption reports ( 1,069) decreased by 5%. 446 corruption reports concemed the Roy剖 Hong Kong Police, a decrease of 6% over the previous year, and 532 concerned officers of other Govemment departments, a decrease of 18%. Reports of private sector corruption, including 224 reports arising out of e lections, registered an increase of 14%. Reports conceming members of public bodies decreased from 69 in 1990 to 64 in 1991.
Corruption Reports Recorded by Sectors -1991
PlIblic bodics (2.6冉的64 reports (40 pursuable)
AII othcr Govemmenl dcpartments combincd(22.1 %) 532 reports (322 pursuable)
Police (1 8.59刊446 report司 (255 pur、uable)
Private sector (56.8%) 1369 reports (1 142 pursllable)
Corruption Reports Recorded by Sectors in 1989 -1991
Police
AIl other Govemment departments combined
Private sector
Public bodies
1989 1990 1991
19.1 ok-: 19.8% 18.5CÆ
23.6% 27.1% 22.1%
54.7吸: 50.2% 56.8%
2.6% 2.9% 2.69毛
100.0% 100.0% 100.0%
The percenlage of persons prepared 10 ide ntify themselves when making reports、
s tood at 66.9%, a s light improvement over the 65.9% recorded in 1990.
Corruption by Method 01 Report -1991
Allonymolls In person By phone By lettcr Referred by Govemment departments
Identi_βed
In person By phone By letter Referred by Govemmcnt departments
14
2.4C',f 11.2% 18.3%
1.2%
33.1%
29.2咚
26.6月哥
4 .4Cý 6.7Cý
66.9%
-(
INVESTIGATIONS AND PROSECUTION I n vestigations 1759 investigations wcre commenced in 19叭， an increase of 27% when compared
with 1990. 848 were completed. The following tab1e and Appendix 7 indicate the number of investigations deaJ t with and comp1eted for the three year period 1989-199 1.
Investigations Commellced, Carried Forward and Completed (1989-1991)
1989 1990 1991
Investigation弓 commenced during ye訂 1573 1390 1759
Less No. incorporated into existing investigation 253 202 146
Additiona1 case10ad 1320 1188 1613
Add lnvestigations brought forward from previous years 582 877 817
TotaJ caseload during year 1902 2065 2430
Less No. of investigations comp1eted from New casc10ad 546 536 848#
from investigations brought forward 479 712 652
Investigations carried forward 877 817 930
#The lime laken 10 complele Ihese 848 investigalions and their results are shown at Appendix 8 and Appendi且 12 respectively.
Prosecutions and Cautions 334 persons were prosecuted and 86 we陀formaJ1y cautioned in 1991. Cautions are administered to adults for crime in minor 也必s where the Attomey GeneraJ∞的iders
that prosecution is nOI appropriate in the public interest and the offender makes a full admission. A breakdown of the number of persons pro鉛cuted and 臼ution吋 sioce
1974 is shown at Appendix 9. Appendix 10 shows the number of pe的ons from varioωdepωtments， public bodies and the private sector who were prosecuted in 1991 for coπuption and re1ated offences.
In the private sector, 68 prosecutions involved corrupt transactions under Section 9 of the Prevention of Bribery Ordinance and re1ated offences; 46 persons were charged with offering bribes to Crown or pub1ic scrvant contrary to Section 4; and 166 persons were prosecuted for offences under other ordinances. In agreement with ICAC, the po1ice undertook the prosecution of 20 persons arrested for offering bribes to po1ice officers during the course of dea1ing with other offences. Appendix
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11 shows the type of corruption and re1ated offences for which persons were prosecuted in 1991.
INTERVIEWS, ARREST AND DETENTION PROCEDURES The Commission maintains comprehensive detention facilities for arrested persons. Whenever anyone is delained in ICAC custody, under the powers contained in Section IOA(2) of the ICAC Ordinance or by order of a magistrate under the Magistrates Ordinance, the provisions of the ICAC (Treatment of Delained Persons) Order apply. The Department now has two cells designed to accommodate resident informers.
ln 19叭 ， 25 visits were conducted by Justices of the Peace from outside the Commission.
During 1991 , 649 persons were arrested. 62 were Crown and public servants and 587 were from the p討vatesector. Of those detained , 125 persons were held for one night and 28 for two nights.
VIDEO T APING INTERVIEWS OF SUSPECTS The experiment in video taping lnterviews which began in March 1989 is now complete. A detaiJed 陀portw品 published
and the system is now an established method of interviewing suspects. In 1992 it is planned to equip all interview rooms with video facilities. Statistics continue to be maintained and circulated to interested parties.
EST ABLISHMENT As at 3 1 December 1991, the Operations Department establishment was 818 posts, of which 794 were filled一 個 increase in establishment of nine posts and an increase in strength of three officers when compared with the end of 1990.
STAFF Of the 794 on the stren到1 ofthe Oper祖ons
Departrnent as at 31 December 19叭 ，
630 were department剖 grades officers and the remainder were general grades staff supplying essential support services.
At the end of the ye缸， 27 seconded and 29 retired United Kingdom police officers were serving in the Operations Departrnen t.
STRUCTURE The Operations Department comprises four Investigation Branches. The Department is mainly accommodated in the Murray Road Carpark Building but owing to an insufficiency of space there, one Group and some suppo口 services
staff are based in the Hong Kong Trade Centre; two other Groups are in the Sincere Building; and three sections are in the Hollywood Centre.
TRAINING The Operations Department Training School conducted 18 full-time investigator trainlng courses during 1991. The inhouse courses calered for the needs of the Department at alllevels, including recruit induction and continuation training of those at more senior ran.ks.
Three overseas trained Sen ior
16
Investi gators provided a tota] of 13 one week courses in interview techniques for aωtal of 1∞ o伍臼rs， including s戶C迫問lly
designed courses for officers of the Customs and Excise and Immigration Departments and the Securities and Futures Commission.
During the y臼r， the IJ剖ningprogramme
for Assistant Inves討ga泊的 was 記struc仙red.
In futu時， all recruits will attend a more practical nine week induction course. The course will include a full residential week at Sai Kung Regional Services Recreation Centre where recruits will learn the value of team work. A greater emphasis on action learning 血rough
practical exercises will be structured to test and develop initiative and enhance problem solving ski lls. A1 though attached to various Groups within the Departrnent, the officers will remain under the control of the Training School for a period of two and a half year乳 白eir progress being monitored on a quarterly basis by selected Senior Investigator ‘tutors' .
OVERSEAS ATTACHMENTS AND TRAINING As in previous years, officers attended the Senior, Intermediate and Junior Command Courses at the Police Staff College, Bramshill , and anti-corruption agencies in Singapore, M剖aysia and Thailand continued to invite officers on attachment for short periods.
THE INTERNAL INVESTIGA TION AND 恥tlONITORING GROUP The Commission has had an intemal investigation and monitoring unit since its establishment in 1974. Designated ‘L' Group, it is under the imrnediatβ command
of the Deputy Director of Operations. The Attomey General advises on all
investigations conducted by L Group into allegations of coηuption， or other crin1inal
offences against Commission personnel. All completed investigations are reported to the Operations Review Committee.
ALLEGATIONS OF CORRUPTION AGAINST ICAC OFFICERS
The Annual Repo口 for 1990 recorded one pending case in 出is category. The investigation was completed in 1991 and it concluded that the allegation was unsubstantiated. The Attomey General advised no further action.
There were four complaints of coηuption ag也nst ICAC officers in 1991. One was unsubstantiated and the Attorney General advised no further action. The other cases are still under investigation.
d副間11，
4
副司1
ALLEGA TIONS OF C RIME AGAINST ICAC OFFICERS An enquiry in itiated in 1989 into an alleged leakage of con.fidential infonnation by ICAC officers was concluded in 199 1. The allegation was unsubstantiated.
Two investigations into suspected breaches of confidentiality which commenced in 1990 were also completed in 1991. In the first, no evidence was adduced to support the aUegation. The second investigation led to two ICAC officers being dismissed.
Investigations into two allegations of deception and theft against ICAC offi臼rs
recorded in the 1990 Annual Report, were concluded in 1991. In 0悶， enquiries revealed that an allowance had been c1aimed by mist此e and 出e error had been rectified by a supervising officer. The officers concerned were advised of 趴en記d for strict adhαm臼 to Cornrnission Standing Orders. In the other case，由ecornplaint was withdrawn but the officer concemed received advice from a senior officer.
During 1 9叭， six complaints of breaches of confidentiality against ICAC officers were received and dealt with. None of them were substantiated. Six aUegations of crime were made against ICAC officers during the year. Three of them were investigated by the Police. In one no impropriety was discovered, in another an ICAC officer was acquitted on a charge of gambling in an illegal gambling establishment and in the third a cornpl也nt of assault was not substantiated, but the ICAC officer concerned was reprimanded for failing to report his
involvement in the caseω the Cornrnissioner. Of the three compl也nts dealt with by the ICAC one revealed that the allegation was un汀ue and malicious and the other were still under investigation at year end.
I恥1PERSONATING ICAC OFFICERS Twenty-nine cases of irnpersonating ICAC officers were reported in 1991. At the end ofthe y開r， investigations into nineteen of the ∞mpl也nts had been completed, six were waiting to be tabled before 出eOperations Review Committee and four were ongoing. Of the∞mple惚d enqu崗位，
three were found to be misunderstandings between ICAC 0伍cers and complainants, two concerned other genuine rnistakes and in fourteen cas自由eo叮enders could not be identified.
M iscellaneous Legal advice is awaited conceming a case in which a man was arrested on suspicion of making twenty-seven anonymous f剖se
and malicious co汀uption complaints to ICAC against named individuals.
DISCIPLINARY OR ADMINISTRATIVE ACTION AGAINST CROWN SERVANTS On the recommendation of the Opera討onsReview Comrnittee reports on alleged misconduct by 98 Crown servants were forwarded to the Secretary for the Civil Service and heads of departments in 199 1. Cases involving 24 of these officers had been resolved by the end of 出e ye缸， resulting in disciplinary action being taken in respect of 14 officers. Cases involving 170 officers outstanding from the end of 1990 were 叫so∞mple悅d
during 199 1, resulting in disciplinary action being taken in respect of 106 officers.
ACCOUNTANCYSUPPORT The Panel of Accountants for Fraud Investigation have again given valuable assistance during 1991. Their ex戶口ise
has been called upon in several instances to assist officers in complex corruption related fraud investigations.
17
COMPUTERlSA TION Back reco吋 conversion of the Departm蚓、s
manual indices continued during the year and is expected to be completed by October 1992. Parallel with back record conversion, phase one live-run of the mainframe computer system commenced in July 1991. Micro-computer systems continued to be used extensively in the Departrnent for both administrative and investigative pu巾的的. At the end of the year a total of 42 desktop and two portable personal computers and three multi-user systems had been installed.
18
Chapter V Corruption Prevention Department
T hemwheCormplion prevenlion Department, as prescribed by
Sections 12(d), (e) , and (f) of the Independent Commission Against Corruption Ordinance, is to examine Govemment departments and public bodies to identify opportunities for corruption and advise how to reduce 出em. A private organisation or person may also seek advice on the e limination of corrupt practices.
STRUCfURE AND EST ABLISHMENT The Department is headed by a Director, Wl出 two Assistant Directors each in charge of a Division of three Assignment Groups. Each of these Groups consists of a Group Head with four or five Assignment Offi臼rs. [n addition , there is an Advisory Services Group which advises the private sector. Administrative and clerical suppo口 is provided by a Management Group. Al the end of 1991 , the strength of伽 Department stood at 58 against an establishment of 59.
REVIEW OF WORK The work of the Department consists of studies of new subject areas known as “assignments", the review or “monitoring" of previously completed assignments and giving co汀uption prevention advice through consultation. The Department also participates in a wide variety of comminees and working groups. Some assignments and consultation work of particular interest during 1991 are described in the fo l1owing paragraphs.
ASSIGNMENTS lmmigration Department Computerised Tra_伊c lndex System The study reviewed the Immigration Department's monitoring of passenger movements to identify overstayers. The repo口 made a number of recommendations to reduce the possibility of unauthorised removal or alteration of movement records; these included tighter control over data collection and computer enqui巾s and more supervisory checks. The study also concluded that the system
19
could be streamlined to provide faster information on overstayers.
Education Departmellt Publishers' DOllations to Schools This assignment followed an Operations Department case and public criticism that some schools accepted donations from publishers in retum for adopting their textbooks. The study recommended that the Education Departmem should establish formal textbook selection procedures for schools. Model guidelines to prohibit gifts or donations likely to give rise to confl ict of interests for schools' staff were also recommended.
TransportDepartment Review of Driving Test Procedures A comprehensive examination of the driving test system was carried out, including the monitoring of driving tuition standards. Because of the system' s vulnerability to corruption, substantial recommendations were made to improve 出e quality of supervision, to reduce test waiting times and to monitor p的s rates. Other recommendations included modifications to test marking and an enhanced complaints handling system.
Review of Procedures of the Buildings Ordillance Office (BOO) The first in a series of BOO studies covered the building development stage. Recommendations were made to improve the system of plans' approvaJ, the granting of consent to commence building works and the issue of occupation permits. Suggestions for long-term consideration, invoJving self-regulation by the building industry and quality assuran白， were made to the Building Authority.
Kowloon Canton Railway Corporation Proper，砂 Development J oint Venture Agreements This study , conducted at 出erequest of the Kowloon Canton Railway Corporation (KCRC), examined KCRC's selection of consultants and partners to develop KCRC land for residential and commercial use, the drawing up of the
joint venture agreements and KCRC's control of the development, inc luding accounting for the 叫自 income. Attention focussed on the lists of pOlenlial joint venture partners, the time available for developers lo submit proposals, the procedure for receiving proposaJs, negotiation of the terms of the finaJ agreements after the tender stage and the control of development expenditure. Recommendations included a standard form of agreement to enable developers to make their financial proposals at an early stage.
Department 01 Health Procuremellt alld Issue 01 Drugs The Departrnent uses about 1,000 drugs for which the annual expenditure is over $60 million. Two assignmenls on this area were conducted; the first examined the procurement of dru軒， a complex subject involving considerab1e professionaJ judgement and discretion and the second studied the prescription and issue of drugs, with emphasis on the contro1s exercised. Recommendations made included modifying restrictions against 10cal manufacturers , compiling a list of established supp1iers and products obtainable from them, fo lJowing up compJ的nts and reports of adverse patient reactions, estab1ishing a c1ear policy on the use of drugs outside the master formulary , and contro1 of prescription forms to enab1e the source of irregularities to be traced.
CONSULTATION ACTIVITIES Urball Services Department Hawker Surveys and Registration The p1anned redeve10pment of Shamshuipo m訂ket requires that all hawkers there be surveyed , registered and screened in order to relocate them into new market complexes or to on-s汀eet sites. The Urban Services Departrnent sought the advice of the Corruption Prevention Departrnent on resiting strategies and improvement in the s叮veyand 陀gistr刻ion
procedures. CPD assisted in p1anning the surveys
20
by advising on methodo10gy, documentation and 10gistical arrangements. The first two surveys were observed by officers of CPD and their co lJective observation were uscd to offer further advice on supervision, timing, policy and effectiveness of the survey methods.
Transport Department Privatisation Transport Department sought CPD's views on a number of areas where Government operations, or those previously franchised , were to be “叭vatised" by competitive tender. These included the aJJocation of bus routes, p付vatisation of 出e operation of road tunnels and of the management of a Government-constructed vehicle testing centre.
Review 01 Electoral Provisions Following the 1991 public e1ections, CPD was represented on a Worki ng Group formed by the Govemment Secretariat to review the legislative provisions and other constitutiona1 issues which affect e1ections. CPD's major concem was that the election laws should be clearly understlα滔 by the candidates and el駝的問肥，that they should not unnecessarily inhibit the eJection process and that they shou1d be enforceable.
Port and Airport Development The Department advised on the procedures adopted in the award of Port and Airport Deve10pment Scheme relat叫∞nsultanc悶，
which involve accelerated programme and 1ar阱-value projects. Suggestions made dealt with assessment pane1 procedures, evaluation of information , judgement criteria, marking systems and fee negotiations.
Advicew倒也o given to the Provisional A坪。口 Authority on such matters as se1ection of consultants, purchasing and tendering , and personne1 administration. Liaison with the Authority continues.
Conveyancing 01 Home Ownership and Private Sector Participation Scheme Flats The Department was consu1ted about procedures to appoint solicitors to
h
undertake conveyancing work to sell Home Ownership Scheme and Private Sector Participation Scheme Oats. A working group with representatives from the Registrar General's Department, Housing Department and Corruption Prevention Department was formed. Criteria for appointment were s訓，
methods to consider applications agreed, and a balloting system in甘oduced to enable as many firms as possible to share the work. A representative from CPD attended early balloting exercises.
Hospital Authority The Authority, which took over the management of剖l
public hospitals on 1 December 19叭， drew up its own Financ ial and Accounting Regulations, Stores Regulations and Procurement and Supplies Instructions, and requested the Corruption Prevention Departrnent to comment on the drafts to ensure 出at su旺Ïcient preventive safeguards were built into the systems. Advice was given accordingly and inc。中orated into the regulations.
EXTERNAL TRAINING The Department prov ides training for Govemment staff and public servants in co汀uption p時vention related subjects, such as de legation, supervision and, for junior sta旺， how to respond if offered bribes. During 199 1, 41 seminars were conducted for 1,423 participants.
ADVISORY SERVICES The Advisory Services Group provides a confidential and free intemal audit servlce on r悶的st to pnvate sector organisations to prevent co汀uption and fraud . During the year, 205 enquiries were received (as againsl184 in 1990) and assistance was given to 193 organisations (154 in 1990). The cl ients included industrial, commercial, welfare and educational organi組討0肘， with manufacturing and trading forming the largest categories. The advice given to these organisations typically dealt with purchasing, inventory control, cash collection, sales and accounting controls.
21
JEE.E.-
•• , •• 『4E.E.-44
Chapter VI Community Relations Department
ROLE TMom州Relations Department
is responsible for educating the public ag也nst the evi ls of corruption and for fostering support for lhc Commission as laid down in Section 12(g) and (h) of the lndependent Commission Against Corruption Ordinance.
STRUCTURE & ESTABLlSHMENT The Departrnenl is headed by a Director and operates 出rough two divisions. Division 1 uses specialist uruts to promote public aw訂eness of anti-corruption work 血rough the mass media and educalional institutions. Division 2 makes persona1 contacts with the public to convey the anti-corruption message. The division operates eight ICAC Regional Offices and forrnerly operated three sub-offices to provide preventive education services to the local community and a1so to serve as centres for receiving complaints and enquiries about co訂uption. The three sub-offices were c losed down early this year as part of a cost-saving exercise of 出e Department. Al the end of the ye缸，the Departrnent had an establishment of 247, of wruch 2 12 posts were filled.
MAJ OR AREAS OF WORK The Department conducted an intensive education programme at the communily with emphasis on selected sectors. To enhance the impact and effectiveness of its work, the Department adopted in 1991 a new scheme whereby work is planned and executed under a number of target programme areas.
Commercial and lndustrial Sectors These sectors were given emphasis in view of the fact 出al private sector co汀uption reports took up ha1f of all reports in recent years. Through visits, meetings, workshops and seminars, the Departrnent focussed on the role of the chief executives of medium and largesized companies in taking the lead for co汀uption prevention within their working environmen t.
Ready-made coπuption prevention
23
packages enabling a Oexible use of resources were designed for targetted trades and indus的es. B齡ked by promotional advertising in business newspapers and trade joumals, specially trained ICAC staff visited company executives to 0叮叮these packages 出at could be easily adapted for use in their companies. At the same time, companies cou ld choose to join a Business Community Participation Programme under which they would design their own coπuption prevention activities and would receive a sma11 ICAC subsidy towards the cosl of these actlvltles.
For small-sized firrns , the Department used the labour-saving method of direct mail to put the message across. With as many as 330,164 establishments in the trading and manufacturing sectors a1one, the Departrnent will endeavour to reach 的 many of them as possible over 出e next few years with its avai1able resources whilst making sure thal preventive education for other sectors are a1so adequately covered.
In i怨“u叫onal effo巾， the C地partmentwas assisted by 13 professional bodies and trade associations in co-organising various specia1 projects and designing the coπuption prevention packages. Their support not only enhanced irnpact but a1so generated a positive influence in promoting ethical business practices amongst their members.
Schools The Department believes that anti-co汀uplion education for young people will help them develop firrn attitudes ag也nsl coπuption. Consequently, it conducts an active school education programme where anti-corruption messages are conveyed through teaching materia1s. In 1991 the Department added Two-Plus-You , a new set of mora1 education teaching materials for p付maryschools, to its aπay of teaching materia1s for schools. A special feature of this latest sel of materials was the involvement of parents in the inculcation of sound person剖 values in primary pupils.
In order to enhance teachers' e叮'ectiveness in using ICAC teachjng materi剖s， the Department ran a development course to enrich their theoretical knowledge and practical classroom skills.
To prepare senior secondary school students for their first jobs, the Depru甘lent
conducted studjes on young people 's attitudes towards work and work ethlcs. The fmdings from these studies formed the basis of a new set of c訂閱rs guidance teaching materials for teachers to prepare their students for the work environment.
Talks held for secondary school-leavers and tertiary students airn to convey to them basic but practical knowledge on the anti-corruption laws. For tertiary students, case studies of direct relevance to the ∞山田s they undertook we陀 built inω
the talks to explain 出e legal and ethical aspects of the problem of coπuption .
To cover the fu ll spectrum of educationalists, the Department conducted seminars for 1,930 student teacher during 出e year to acquaint them with the Preven位on of Bribery Ordinance and the moral education teaching materials produced by the Department.
Public Sector The Department maintained regular contact with Government offices to promote a clean civil service. During the ye缸， the Department conducted 950 talks for 18,000 civil servants participating in induction and refresher courses. The lectures cen甘ed on points of relevant laws, the role of supervisors in preven自19
corruption, and how to de叫 Wl出 acts of bribery.
Similar talks were given to 5,200 employ臼s of public bodies to enable them to understand bener the Prevention of Bribery Ordinance. Where applicable, messages on supervisory and management role in coπuption prevention were put across.
Report Corruption The Department launched an integrated prograrnme to encourage and facilitate the public to repo口 coπuption. On the
24
m品s media front, television, radio and press advertisements were used to motivate public support for the ICAC and to appeal for the reporting of coπuption offences. Where applicable , the Department also used the opportunity of its direct contacts with the public to encourage the reporting of co汀uption.
All three modes of coπuption reporting, i.e., by telephone; by personal visits to Report Centre or Regional Offices; and by writing to 出e ICAC's post剖 box;
were publicised by various means. In addition, the Department produced, as a pilot scheme, a proforma to provide a simple aJ1d convenient means to report corruption offences in writing. Copies of the proforma were mailed to Owners Corporations aJ1d Mutual Aid Committees of private tenements or given to them during visits by ICAC staff. An evaluation will be carried out in March 1992 to see 叮 the scheme is feasib le for wider use.
In 1991 , the eight ICAC Regional Offices received 1 ， 1詢問ports and 3,975 enquiries. Of these reports, 754 were related to coπuption which was 31 % of total co汀uption repo口s received by the ICAC.
Clean Elections For the elections held during the ye缸，the Department mounted a multi-media crunp也gn aJ1d a series of briefmg sessions to advise caJ1didates, their agents, aJ1d voters against election malpractices. In addition, a telephone hotline was set up to handle public enquiries in the election period.
For the fust direct election to the Legislative Council in September, the Department sent each caJ1didate a personal copy of an information kit containing a digest of the main points of the Corrupt aJ1d Illegal Practices Ordinance aJ1d its practical applications.
Pubüc Support The Department maintained close contacts with both the mass media and district organisations to inspire the public's confidence in 出e ICAC and to
foster the support of the population. Apart from using various media to
publicise ICAC court trials and other 訂閱s of its work to achieve both deterrent and educational effects, a series of new Announcements in the Public Interest (APIs) was produced and broadcast on television and radio to emphasize the efforts of the ICAC in m也ntainingfairness and integrity, values 曲的的的sential to a stable and efficient society.
To educate the public against the evils of coπuption and promote better understanding of the work of the ICAC, the Department completed its sixth te levision drama series on past ICAC investigations. The series was telecast in February 1992. The fi缸h series was also re-run in Putonghua on satellite television m 出e same period.
LIAISON WITH ORGANISATIONS IN CHIr叫A
In view of Hong Kong's close cultural, geographical and econornic links wi出the People 's Republic of China, the Department maintained its momenturn in meeting PRC personnel and discussing with them various aspects of anti-corruption work.
An ICAC delegation led by the Commissioner，附 David Jea如eson ，
visited the Guangdong Provincial People's Procuratorate and made contacts with other law enforcement agencies in Guangdong in J une 1991. During the ye缸， senior officials of the PRC's Hong Kong and Macau Affairs Office，出eShenzhen Special Economic Zone People's Procuratora肥，出e Guangdong Provincial People's Procuratorate, and 出e Education Department of the Hainan Provincial Government visited the ICAC.
Throughout the year, there were 23 other visits by ICAC officers upon invitation to various Chinese organisations in Hong Kong to introduce the work of 出e ICAC. Upon the invitation of intermediary org街úsations， 1,000 PRC officials were introduced to the work of the ICAC while they attended various 叮aining COUIses in Hong Kong.
25
FUTURE DD主ECTION
In the year to come, the Department airns to e他ance 出e cost-effectiveness of its education and publicity efforts by making greater use of the mass media and community resources. In view of the high percentage of corruption reports concerning the private sector, the Department wiU continue to target its preventive education at the managerial level of business organisations. However, sufficient emphasis will be maintained in educating civil servants and public body employees on anti-corruption laws and 血e importance of a clean public service.
Appendices
1. Tenns of Reference and Membership of the Advisory Committee on Conuption as at 31 Decembcr 1991
2. Tenns of Reference and Membcrship of <he Operations Review Commiuee as at 31 Deccmber 1991
3. Tenns of Reference and Membership of the Corruption Prevention Advisory Committee as at 31 December 1991
4. Tenns of Reference and Membership of the Citizens Advisory Committee on Community Relations as at 31 December 1991
5. Tenns of Reference and Membership of the ICAC Complaints Committee as at 31 December 1991
6. Organisation of the Independent Commission Against Corruption
7. Investigations Commenced、 Carried Forward and Completed (1989-1991)
8. Time Taken to Complete Investigations of Reports Recorded in 1991
9. Persons Prosecuted and Cautioned
10. Number of Persons Prosecuted for Corruption and Related Offences. 1991 (Classified by Govemment Departments and Others)
11. Number of Persons Prosecuted for Conuption and Related Offences- 1991 (Classified by Types of Offences)
12. Pursuable Reports Reccived by Results (1990 & 1991)
26
Appendix 1 Terms of Reference and Membership of the Advisory Committee on Corruption as at 31 December 1991
Terms of Referellce
(1) To advise thc Commissioner of the Independent Commission Again~t Corruption on any aspect of the problem of coηuption in Hong Kong, whcther within or outside the Government service、 and， to this end:-
(a) to keep the policie!> of Ihe Commission under review;
(b) to consider the annual estimatcs of expenditure of the Commission; and
(c) to scrutinisc thc annual report of the Commission before its submission 10 the Governor.
(2) To draw to the Governor‘s anention，的 il considers necessary , any aspect of the work of the Commissiol1 or any problems encountered by it.
Membership
Dr. Daniel C.W. TSE, CBE. lP (Chairman)
The Hon Ronald ARCULLI, lP
Mr. Paul CHENG Ming-fun
Mr. G.M. MACWHlNN凹， CBE、 FCA， FHKSA , JP
Miss WONG Mee心hun
卸1r. Paul WONG Sui-leung
Commissioner of ICAC 、
Secretary for the Civil Service ~
Director of Operations J
27
(e.\-officio)
Appendix 2 Terms of Reference and Membership of the Operations Review Committee as at 31 December 1991
Terms of Refere1lce
(1) To receive from thc Commissioner information about all complaints of coπuption made to the Commission. and progress reports on the manner in which the Commission is dealing with thcm.
(2) To receive from the Commissioner reports on the investigations the Commission has completed and to advise on how those c郎的 that on Jegal advice are not being subject to prosecution or caution, should be pursued.
(3) To receive from the Commissioner reports on the results 0 1" prosccutions 0 1' offences within the Commission's jurisdiction and of any subsequent appcaJs.
(4) To advise the Commissioncr on what information revcaled by investigations into offences within its jurisdiction shall be passed to Govemmcnt departments or public bodies, or other organisations and individuals, OR. where ‘ in exceptionaJ C品的‘ it has been necessary to pass such information in advancc of a Committee meeting, to review 月uch action at the first meeting thcreaftcr.
(5) To advise on such other matters as the Commissioner may refer to the Committee or on which the Committce may wish to advise.
Memberslzip
Commissioner of the Independent Commission Against Corruption (Chaimllln 凹-officioJ
Mr. Denys E. CONNOLL Y、 OBE， lP
TheHonLAUW油-sum， OBE, lP
The Hon Eric LI Ka-chcung
Mr. YEUNG Po-kwan, OBE, CPM、 lP
Mr. Peter WONG Po-kci
The Hon. Simon lP Sik-on、 jp
Attomey General (or his representative) 、
Commissioner of Police (or hi" rcpresentativc) ~ 你x-officioJ
Director of Operations (or his Deputy) J
28
Appendix 3 Terms of Reference and Membership of the Corruption Prevention Advisory Committee as at 31 December 1991
Terms of Ref erence
(1) To receive and call for repo口s from the Commission about practices and proce.
dures of Govemment departmen的， public bodies and the private sector which may be conducive to conuption and to advise 出e Commissioner what areas should be examined and the degree of priority to be accorded to each.
(2) T o consider rccommcndations arising from such examinations and to advisc the Commissioner on further act ion to be taken.
(3) To monitor action to implement recommendations made on the advicc of thc Corruption Prevention Advisory Committee.
M embership
Commissioner of the Independent Commission Against Conuption (Chairmall e.呵。可cio)
Mr. Ronald CHAN Tat-hung
Mr. Dennis H.S. LAM
Mr. Wyman LI
Mr. John F. MCMEEKAN
Mr. Peter NGUYEN
Mr. E.W.D. RADCLIFFE
Ms. Elizabeth S.C. SHING
Mr. TSANG Chiu-kwan
Mr. Thomas K.C. WONG
Mr. WONG Kai-man
Mrs. Judy WOO
Mr. Norman YUEN Kec-tong
Secretary for Constitutional Affairs (or his representative) 、
Commissioner of Police (or his representative) ~ (ex-officio)
Director of Corruption Prevention J
29
Appendix 4 Terms of Reference and Membership of the Citizens Advisory Committee on Community Relations as at 31 December 1991
Terms of Referellce
(1) To advise the Commissioner of the Independent Commission Against Corruption the measures to be taken to foster public support in combatting corruption and to educate the public against the evils of corruption.
(2) To receive and call for reports on action taken by 出e Community Relations Department of the Commission in pursuance of (1) above.
(3) To monjtor community response to the Comrnission ‘s work and public attitudes towards conuption in general.
Membership
Comrnissioner of the lndependent Commission Against Corruption (Chairman ex-咿cio)
Mr. AU YEUNG Ying-cheong
Mr. CHAN Wing-tai
扎位ss Annie CHENG
Mr. Peter CHOI P也-cheung
Mr. CHUNG Pui-Iam, OBE, JP
Mr. FUNG Yee-wang
Dr. KU AN Hsin-chi
Mr. Lawrence LAM Yin-ming
Dr. Michael LUK Yan-lung
Mr. POON Chi-fai, JP
Mr. S阻H Wing-ching
Mr. TANG Kwai-nang , JP
Miss Carlye W.L. TSUI
Miss Dorothy WONG Man-w的
Mr. Jonathan YU Hoy-gin
Director of Community Relations (ex吋'ficio)
30
Appendix 5 Terms of Reference and Membership of the ICAC Complaints Committee as at 31 December 1991
Terms ofRφrence
(1) To monitor、 and where it considers appropriate to review. the handling by the JCAC of complaints by anyone against thc ICAC and officers of the ICAC.
(2) To identify any faults in ICAC procedures which lead or miεhl lead to complaints.
(3) When it considers appropriale to make recommendations to the Commissioner of the ICAC 0 1', whcn considercd necessary , to the Govemor.
M emberslzip
The Rt Hon the Baroncss DUNN, DBE. JP (Clzairman)
The Hon Allen LEE、 CBE， JP
The Hon R.J. ARCULLI , JP
The Hon Edward HO. OBE、 JP
Professor the Ilon W ANG Gung-wu. CBE
Mr. Wilfred CHAN, JP
The Hon J.F. MATHEWS、 CMG， JP 、(Attomey General) I
> (ex-officio) Mr. A. GARCIA, CBE I (Comrnissioner for Administrative Complaints) J
31
Appendix 6 Organisation of the Independent Commission Against Corruption
COMMISSIONER
l H c…叫叫s Depart叫|
Direcror
Operations Department
Deputy Commis~ioner Director of Operations
Depul) Director
Investigation lnvestigation Division 1 Division 2 Branch J Branch 2
Assistanr Asslstant Assistant Assistam Director Direclor D汀巳ctor Director
Publicity -Programme -Print Media -Design
Planning & Administration
lnvestigation Groups
Investigation Groups
oa e c nU EES o l oa n o oe e R
Press lnformation -Pr句ects
-News
Education
Marketing & Development
Estab/ishment Strength Directorate officers 3 3 Departmental grade officers 160 129 General grades orticers 84 80
247 212
32
rnve~tigalion Branch 3
n .的4
t aLH SC -hunH 劃
a
sJur.-恥
B
n VEEa
Assi弓lamDireclor
A的istam
Director
Task Forces Administration
LH F、訂戶
iv
ca ρ戶，
口的
,UW
FLU nH mrM HUnv 惚中hn訓
Advisory Committees
Banking Support
Detention Centre
Report Centre
Computerisation
Surveillance
Intemal Monitoring
Directorate officers Departmental grade of!ïcers General grades officer~
Establishment Streflgth 6 6
648 642 164 164
818 794
----u Administration Branch
Assistam Director
Personnel Finance & Supplies Staff Relations Training & Development Community Research
Directorate officers Departrncntal grade officers General grades officers
Establisllment Strength
13 9 81 74
95 84
Technical Servlccs Division
Technical Advisor
Technical SUppOrl
Teleconununications
Research and Development
Corruption Prevention Department
Director
Examination Division 1
Assistant Director
A弓signment
Groups
-Comrnunications -Immigration -Post Office -Recreation& Culture
-Judiciary -Transport -Education -Labour Relations and Employment Services
-Hawkcr Control
33
-Mass Media -Public Housing -Urban Services -Disciplined Services
-Agriculture & Fisheries
-Health and Hospital Services
-Social Welfare -Staff Administration
Advisory Management Services
-AdrninistraLion -Private -Advisory SeclOr Commi tLee -Public
Bodies -Subvented Organisations
-Banking
Directorate officers Departmental grade officers General grades officer司
Establishment Strenglh 3 3
43 41 13 14
59 58
Examination Division 2
AssistanL Director
t n ES 明
P
mu 恆的
組G
A
-Accounti.ng、 -SquatterPurcha耳ing Control and Tendering -Control of Procedures Subventions
-Bui1ding -Factory Controls lnspeclorate
-Fire Services -Capilal Works -Public Utilities -Public Housing -Building Conslruction Services -Civil Aviation
-District -Land Use & Administration Control
-Marine -Registrar Department General's
-Rating & Department Valuation
Appendix 7
~umber of
rep o r ts
2500
2000
1500
100。
500
。
Investigations Commenced, Carried Forward and Completed (1989-1991)
1989 1990
lnv~tigalions broughl forward from p陀、:iousy開昆
34
ca而且d forward to ne\1 year
Completcd during the year
1991
叭盯u恤able I陀它p仰o恥 I陀它玖恥叫çαωω;λ氾划civ、vc慨叫c以!<划d during the y戶ea釘r
日日C…叫叫叫………d趴ω川…tω川川…on川n附cCompleled during the year r
Total c的eload
Carried forward 10 next year
Completed during the year
Appendix 8
Time required 10
Time Taken to Complete Investigations of Reports Recorded in 1991
Nofurther compÚ!te an illvestigatioll actiofl Prosecutioll Total Percefl的ge ofto的I
1991 1990
Less than 1 wcek 4 7 II 1.3% 2.69毛
1 - less than 2 weeks 22 22 2.6% 2.2%
2 - less than 3 weeks 42 7 49 5.8% 2.1%
3 - less than 1 month 31 32 3.8% 2.4%
Sub-total 99 15 114 13.5% 9.3%
1 - less than 2 months 88 9 97 11 .4% 10.5%
2 - less 出an 3 months 117 7 124 14.6% 16.4%
3 - less than 4 months 122 5 127 15.0% 15.7%
4 - 1ess than 5 months 103 6 109 12.9% 17.5%
5 - less thω16 monlhs 84 8 92 10.8% 9.9%
6 months or more 171 14 185 21.8% 20.7%
Total 784 64 848* 100.0% 100.0%
* This figure does not include 765 ca弓es still out~tanding from repons recorded at various dates during 1991 and 146 pursuable c臨的which were inco巾orated IOtO on-golOg enqUlrie!> carried out dunng the ycar.
!'Iote: Dcspite a significantly heavier caseload in 1991 ‘ the time taken ro complcte inve~tigation!> showed a marginal improvemcnt.
35
Appendix 9
恥ìumberof
persons 600
500
400
300
200
100
。
Persons Prosecuted and Cautioned
Yearlv 1984 1985 1986 1987 1988 average for 1974-1983
_Pe伽枷e叮叭r昀削s
I I Pe加枷川e叮叭ωr昀m削sωO… t叫d i泊ion忱叫O凹m帥叫ne削1唸叫e吋
36
1989 1990 1991
Appendix 10 Number of Persons Prosecuted for Corruption and Related Offences . 1991 ( Classified by Government Departments and Others )
Government Department Pending Convicted Acquitted
Buildings & Lands 2
Correctional Services
Customs & Excise 4 4
Drainage Services
Environmental Protection
Fire Services
Hospital Services
Post Office
Regional Services
Royal Hong Kong Police 4 3
Transport
Urban Services 5
Others
Crown Servants/private lndividualst 35 27 6
Public Bodies# 2 1
Public Bodies/Private Individualst 3
Private Sector 101 85 22
Grand Total : 179 125 30~
Notes: t These are cases 10 which p吋V8le individuals were charged for their dealings Wilh Crownjpublic servan的# As defined in the Prevention of Bribery Ordinance
Nolle Prosequi
~ This figure IOcludes 7 persons Wilh no case to answ缸， 2 persons whose cases were dismissed and 5 悍的on弓 whe昀 noe制叭v圳1晦foffered by I伽he Crown
37
Total
3
8
8
6
68
21
4
208
334
Number of Persons Prosecuted for Corruption and Related Offences - 1991 (Classified by Types of Offences)
Appendix 11
Private lndividuals alld Crowll/
Public Servants*
Govemment Departmellts/
Crown Service
Private Sector
Public Bodiest Total
556
AUT
46
5 5
Soliciting/accepting S.3 Cap 201# S.4(2) Cap 201 S.9(1) Cap 201
Type of Offences
524 A句4••••
14
44 2
Cap 201 Cap 201 Cap 201
Offering S.4( 1) S.8 S.9(2)
Deceivmg principa1 by false document S.9(3) Cap 201 8 8
Uneλp1ained resources S.l 0(1 )(b) Cap 20 I
Offences connected with or facili tated by corruption offences S.10(2)(a) Cap 204* 61 49 4 7
Giving false reports S.13B Cap 204 3 3
Offences listed in S.10(5) Cap 204
.... l 143 87 20 22 14
Fai1ing to declare electJOn expenses S.29 Cap 288 :1:
Grand TotaJ : 334 208 21 72 33
Notes: Thesc arc cascs in which p討vate indivlduals were charged for their dealings with Crown/public servants
t As dcfincd in the Prcvcntion of Bribery Ordinance # Cap 20 I is the Prevention of Bribery Ordinance * Cap 204 i~ the ICAC Ordinance :j: Cap 288 b the Corrupt and IlIegal Practices Ordinance
38
Appendix 12 Pursuable Reports Received by Results (1990 and 1991)
No.ofreports % oftotal
Results 1990 1991 1990 1991
Prosecutions 66 64 4.7 3.6
Caulioned 5 19 0.4 1. 1
Disciplined 22 19 1.6 1.1
Prescnted to ORC:j: 15 130 1.1 7.4
Prcscntcd to ORC(SC)# 428 616 30.8 35.0
536 848 38.6 48.2
No. incorporated into existing investigations 202 146 14.5 8.3
738 994 53. 1 56.5
Carried forward lO the fo llowing year 652 765 46.9 43.5
1390 1759 100.0 100.0
"iotc~ . i ORC 1\ Opcrauons Re\lc恥 Committee
#ORC(SC)的 Opcrations Revlew Committee (Sub-Committec)
39
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