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Anti-Corruption Annual Report of the CCAC 2007 1 Annual Report of the CCAC 2007 CONTENTS CHAPTER I INTRODUCTION----------------------------------------------------------------5 CHAPTER II CONSTITUTION & ORGANIZATION STRUCTURE-----------------11 2.1 Constitution------------------------------------------------------------12 2.2 Functions and Organization Structure--------------------------12 2.3 Monitoring Committee for the Discipline of the CCAC Personnel--14 CHAPTER III GENERAL DESCRIPTION WITH STATISTICS--------------------------------15 3.1 Number of Complaints Recorded--------------------------------16 3.2 Complaint Handling Methods------------------------------------------------18 3.3 Progress Analysis of Cases -------------------------------------------------------21 3.4 Cases Handled by the Monitoring Committee for the Discipline of the CCAC Personnel--------------------------------------------------------22 CHAPTER IV ANTI-CORRUPTION------------------------------------------------------23 4.1 The Ao Man Long Corruption and Power Abuse Case-------------------24 4.2 Case Concluded and Referred to Public Prosecutions Office--29 4.3 Mutual Case Assistance in Cross-Regional Investigations, Exchange & Training------------------------------------------------------37 4.4 Evaluation of Incorruptibility in Macao by International Institutions--39 4.5 Cases Adjudicated by the Court-----------------------------------------39 4.6 Declaration of Incomes and Properties----------------------------------42 CHAPTER V OMBUDSMAN-------------------------------------------------------45 5.1 Investigation-------------------------------------------------------------47 5.2 Researches and Examinations-------------------------------------52 5.3 Integrity Management in Government Departments / Agencies-----63 5.4 Formulation of Guidelines and Organization of Seminars/Workshops--65 5.5 Seminars and Academic Research---------------------------------66 5.6. Institutional Exchange and Staff Training----------------------------69 CHAPTER VI COMMUNITY RELATIONS------------------------------------------71 6.1 Integrity Education-----------------------------------------------------72 6.2 Community Activities--------------------------------------------------86 6.3 Other Research and Publicity---------------------------------------88 6.4 Liaison and Exchange-----------------------------------------------91 CHAPTER VII ADMINISTRATION---------------------------------------------------101 7.1 Budget---------------------------------------------------------------102 7.2 Personnel----------------------------------------------------------------107 APPENDIX SUMMARIES OF THE CASES COMMENCED FOR FORMAL INVESTIGATION IN THE AREA OF OMBUDSMANSHIP-------------109 2 Annual Report of the CCAC 2007 INDEX OF TABLES Table 1 General trend of complaints recorded from 2000 to 2007-------------16 Table 2 A comparison of the number of complaints by type from 2005-2007-------------------16 Table 3 Comparison of cases recorded from 2005 to 2007 by source-------------------------17 Table 4 Different components of cases recorded in 2007 by source of reporting method-----18 Table 5 Comparison of cases received from 2005 to 2007 by source of reporting method-18 Table 6 Complaint handling methods recorded in 2007-------------------------------------------19 Table 7 Comparison of cases qualified for handling from 2000 to 2007----------------------19 Table 8 Total number of cases handled in 2007-------------------------------------------------20 Table 9 General trend of cases commenced for investigation in 2000 to 2007------------20 Table 10 Comparison of cases commenced for investigation from 2005 to 2007 by source--21 Table 11 Analysis of handling progress of cases in 2007---------------------------------21 Table 12 Penalties for conviction counts of Ao’s criminal offences-----------------------------29 Table 13 Excerpts of court verdicts in 2007-------------------------------------------------40 Table 14 Content classification of administrative complaints in 2007--------------------49 Table 15 Administrative complaints in 2007---------------------------------------------50 Table 16 Classification of requests for help and consultation in Ombudsman areas in 2007---52 Table 17 Seminars held in 2000-2007-----------------------------------------------------72 Table 18 Seminars and workshops organised for public servants in 2007------------------------74 Table 19 Seminars held for university and secondary students and trainees in 2007-------83 Table 20 Seminars held for community associations, educational institutes, departments and companies in 2007---------------------------------------------------------------------85 Table 21 Seminars, symposiums and workshops in 2007-----------------------------------------86 Table 22 Number of citizens received by the branch office in 2007---------------------------87 Table 23 Financial income in 2007-----------------------------------------------------------------103 Table 24 Income components in 2007----------------------------------------------------------104 Table 25 Financial expenditure in 2007---------------------------------------106 Table 26 Expenditure components in 2007-------------------------------------------------106 Table 27 Comparison between the budgeted and actual expenditures in 2007-----------107 Table 28 Comparison of the numbers of staff from 1999 to 2007-------------------------108 3 Annual Report of the CCAC 2007 The CCAC Commissioner Cheong U submits to the Chief Executive, Mr. Ho Hau Wah, the Annual Report of the CCAC 2007 4 Annual Report of the CCAC 2007 CHAPTERCHAPTER II INTRODUCTIONINTRODUCTION 5 Annual Report of the CCAC 2007 6 Annual Report of the CCAC 2007 Chapter I – Introduction 2007 was a significant year in the anti-corruption history of Macao. The corruption case of the former Secretary for Transport and Public Works Ao Man Long, involving huge bribes, was referred to the prosecution and judicial authorities, and eventually Ao was brought to trial. This case attracted great attention from the media and the general worldwide public. Other cases related to Ao’s corruption are also under investigation, some of which have been referred to the Public Prosecutions Office. These cases expose the fact that some large-scale public construction projects have been riddled with corrupt practices in recent years, and indicate that some public functionaries and business people have a low esteem of the rule of law and would rather follow their own base inclinations. To address the situation, the CCAC has initi- ated a series of measures to prevent the recurrence of such incidents in the expectation that the public will maintain their concern and vigilance in regard to such transgressions. According to the Transparency International report published in September 2007, Ma- cao ranked 34th out of a total of 180 countries and regions in terms of incorruptibility, down from 26th the year before. It ranked sixth in a list of 25 regions or countries in the Asia Pacific Region, maintaining the same ranking as the year before. The report stated that attention should be paid to the slippage in the Corruption Perception Index of Macao. According to the 2007 report by the Political and Economic Risk Consultancy, Macao retained its fourth-place ranking among 13 Asian regions and countries. While both reports give Macao a rather high ranking in terms of incorruptibility in East Asia, the CCAC will nevertheless pay close attention to the warning. In 2007, the CCAC received a total of 736 complaints and reports, a drop of about 12% year-on-year. Of these 736 cases, 369 qualified for further follow-up, with proceedings com- menced in 75 cases. Along with the accumulated cases and those necessitating re-investigation, a total of 125 commenced cases required investigation. The CCAC completed a total of 40 cases in the year, of which 11 were referred to the Public Prosecutions Office. A total of 297 cases not commenced for investigation were handled by informal proceedings and brought to a conclusion. Of the cases inspected and instigated by the CCAC, 6 were brought to verdict by the courts in 2007, including 3 cases related to the Legislative Assembly Election. A majority of the prosecuted were found guilty. 7 Annual Report of the CCAC 2007 In 2007, the CCAC focused its anti-corruption efforts on high-risk sectors. After uncov- ering the bribery activities of the former Secretary for Transport and Public Works Ao Man Long in 2006, the CCAC went on to inspect related cases in 2007. In addition, the CCAC also inspected cases involving police officers of the Macao Judiciary Police taking bribes, an inspec- tor of the Labour Affairs Bureau abusing power, an inspector of the Gaming Inspection and Coordination Bureau defying legal proceedings, a prison guard from Macao Prison accepting bribes and a civil servant of the Land, Public Works and Transport Bureau taking bribes. On the ombudsman front, the CCAC received 236 cases. Along with the cases carried over from 2006, a total of 293 cases necessitated handling. Most of these cases were com- plaints about the civil service system, municipal affairs and governmental operations, among other things. In order to expedite the solution to such problems, most of the cases concerning administrative complaints were handled via informal and referral approach. Only cases involv- ing serious breaches of law were commenced for formal proceedings. The CCAC received an additional 647 requests for help and consultation. In regard
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