Latest update February 23rd, 2025 1:40 PM
Aug 24, 2011 Editorial
The Hong Kong Independent Commission Against Corruption (ICAC) is a very successful model in fighting corruption, turning an old, very corrupt colony into one of the relatively corruption-free places in the world. The following is from Mr Tony Kwok Man-wai, its first local Head of Operations.
“One of the success factors is its three-pronged strategy – fighting corruption through deterrence, prevention and education. All three are important but deterrence is the most important. Most of the staff is engaged in operations.
Nearly all of the major corruption cases dealt with were committed by people with high authority and good wealth. They have certainly been educated about the evil of corruption and may also be subject to certain degree of anti-corruption control. But what inspired them to commit corruption? The answer is simply greed, and they would weigh the fortune they could get from corruption with the chance of them being discovered. So how can we deter them from being corrupt? The only way is to make them realize that there is a high risk of them being caught, which is the Mission of the ICAC Operations Department – to make corruption a high risk crime. To do that, you need a professional investigative force.
Corruption is regarded as one of the most difficult crime to investigate. There is often no scene of crime, no fingerprint, no eye-witness to follow up. It is by nature a very secret crime and can involve just two satisfied parties, so there is no incentive to divulge the truth. Even if there are witnesses, they are often parties to the corruption themselves, hence tainted with doubtful credibility. The offenders can be equally as professional as the investigators and know how to cover up all trails of evidence.
There are several prerequisites to an effective corruption investigation:
Independent – corruption investigation can be politically sensitive and embarrassing to the Government. The investigation can only be effective if it is truly independent and free from undue interference. This depends very much on whether there is a top political will to fight corruption in the country.
Adequate investigative power – Because corruption is so difficult to investigate, you need adequate investigative power. The HK ICAC enjoys wide investigative power, such as power to check bank accounts, requiring suspects to declare their assets, requiring witnesses to answer questions on oath, restraining properties suspected to be derived from corruption, holding the suspects’ travel documents to prevent them from fleeing the jurisdiction. Not only are we empowered to investigate corruption offences, both in the Government and private sectors, we can investigate all crimes which are connected with corruption. There is however an elaborate check and balance system to prevent abuse of such wide power.
Adequate resources – investigating corruption can be very time-consuming and resource intensive, particularly dealing with cross jurisdictional corruption cases. The HK ICAC’s annual budget amounted to US$90M, about US$15 per capita. It represents only 0.3% of our entire Government budget
Confidentiality – it is crucial that all corruption investigation should be conducted covertly and confidentially, before overt action is ready, so as to reduce the opportunities for compromise or interference. Many targets under investigation may prove to be innocent and it is only fair to preserve their reputation before there is clear evidence of their corrupt deeds. Hence Hong Kong has a law prohibiting anyone from disclosing any details of ICAC investigation until overt action such as arrests and searches have been taken.
International mutual assistance – many corruption cases are now cross jurisdictional and it is important that you can obtain international assistance in the areas such as locating witnesses and suspects; money trails, surveillance, exchange of intelligence, arrest, search and extradition.
Professional – all the investigators must be properly trained and professional in their investigation. HKICAC is one of the first agencies in the world to introduce the interview of all suspects under video, because we recognize that professional interview technique and protecting the integrity of the interview evidence are crucial in any corruption investigation.”
Feb 23, 2025
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