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Report of the Select Committee to Inquire Into Matters Relating to Mr Timothy TONG's Duty Visits, Entertainment, and Bestowing

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Report of the Select Committee to Inquire Into Matters Relating to Mr Timothy TONG's Duty Visits, Entertainment, and Bestowing LEGISLATIVE COUNCIL OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION Report of the Select Committee to Inquire into Matters Relating to Mr Timothy TONG's Duty Visits, Entertainment, and Bestowing and Receipt of Gifts during his Tenure as Commissioner of the Independent Commission Against Corruption The minutes of evidence which comprise the verbatim transcripts, in their original language, of the public hearings are part of the Report and are available in CD-ROM only. July 2014 Legislative Council Select Committee to Inquire into Matters Relating to Mr Timothy TONG's Duty Visits, Entertainment, and Bestowing and Receipt of Gifts during his Tenure as Commissioner of the Independent Commission Against Corruption TABLE OF CONTENTS Page Part I Establishment of the Select Committee and its work Chapter 1 Introduction 1 – 4 Background 1 – 3 Establishment of the Select Committee 3 – 4 Chapter 2 Various matters relating to the Select 5 – 23 Committee Membership of the Select Committee 5 Terms of reference, areas of study and work 6 – 10 plan of the Select Committee Practice and procedure 10 – 15 Hearings of the Select Committee 15 – 22 Report 22 – 23 Part II Matters relating to Mr Timothy TONG Hin-ming's official duty visits, entertainment, and bestowing and receipt of gifts during his tenure as the Commissioner of the Independent Commission Against Corruption Chapter 3 Basic information on the Independent 24 – 29 Commission Against Corruption and the Commissioner of the Independent Commission Against Corruption Statutory status and functions 24 – 25 Regulations applicable to the Commissioner 25 and officers of the Independent Commission Against Corruption Legislative Council Select Committee to Inquire into Matters Relating to Mr Timothy TONG's Duty Visits, Entertainment, and Bestowing and Receipt of Gifts during his Tenure as Commissioner of the Independent Commission Against Corruption Page Independent Commission Against Corruption's 26 Mission Statement and Code of Ethics Monitoring mechanisms 27 – 29 Chapter 4 Official duty visits 30 – 45 Relevant policy/regulatory systems during Mr 30 TONG Hin-ming's tenure as the Commissioner of the Independent Commission Against Corruption Official duty visits outside Hong Kong made by 31 – 39 Mr Timothy TONG Hin-ming during his tenure as the Commissioner of the Independent Commission Against Corruption Findings and recommendations 40 – 45 Chapter 5 Official entertainments 46 – 65 Relevant policy/regulatory systems during Mr 46 – 47 TONG Hin-ming's tenure as the Commissioner of the Independent Commission Against Corruption Official entertainments hosted by Mr Timothy 48 – 60 TONG Hin-ming during his tenure as the Commissioner of the Independent Commission Against Corruption Findings 60 – 65 Legislative Council Select Committee to Inquire into Matters Relating to Mr Timothy TONG's Duty Visits, Entertainment, and Bestowing and Receipt of Gifts during his Tenure as Commissioner of the Independent Commission Against Corruption Page Chapter 6 Bestowing of gifts 66 – 78 Relevant policy/regulatory systems during Mr 66 TONG Hin-ming's tenure as the Commissioner of the Independent Commission Against Corruption Bestowing of gifts by the Independent 67 – 75 Commission Against Corruption during Mr Timothy TONG Hin-ming's tenure as the Commissioner of the Independent Commission Against Corruption Findings and recommendations 76 – 78 Chapter 7 Receipt of Gifts 79 – 91 Relevant policy/regulatory systems during Mr 79 – 82 TONG Hin-ming's tenure as the Commissioner of the Independent Commission Against Corruption Receipt of gifts by Mr Timothy TONG 83 – 88 Hin-ming during his tenure as the Commissioner of the Independent Commission Against Corruption Findings and recommendations 88 – 91 Chapter 8 Conclusions and recommendations 92 – 104 Conclusions 92 – 100 Recommendations 101 – 104 Legislative Council Select Committee to Inquire into Matters Relating to Mr Timothy TONG's Duty Visits, Entertainment, and Bestowing and Receipt of Gifts during his Tenure as Commissioner of the Independent Commission Against Corruption Page Part III Provision of information by the Independent Commission Against Corruption to the Finance Committee of the Legislative Council Chapter 9 The manner in which the Independent 105 – 118 Commission Against Corruption provided information related to the official duty visits and bestowing of gifts by Mr Timothy TONG Hin-ming during his tenure as the Commissioner of the Independent Commission Against Corruption to the Finance Committee of the Legislative Council in April 2013 Sequence and development of events 106 – 108 Workflow of the preparation of the Independent 108 – 109 Commission Against Corruption's replies Reasons for the inaccuracies in the replies to the 110 – 114 Finance Committee Findings and recommendations 114 – 118 Acknowledgement 120 Signatures of members of the Select Committee 121 – 122 Abbreviations 125 – 126 Legislative Council Select Committee to Inquire into Matters Relating to Mr Timothy TONG's Duty Visits, Entertainment, and Bestowing and Receipt of Gifts during his Tenure as Commissioner of the Independent Commission Against Corruption Page Appendices Appendix 1 Petition jointly signed by Hon Dennis 129 KWOK and Hon Cyd HO Appendix 2 Practice and Procedure of the Select 130 – 140 Committee Appendix 3 Press release issued by Department of Justice 141 – 142 on 14 May 2013 Appendix 4 Press release issued by the Independent 143 – 144 Commission Against Corruption ("ICAC") on 14 May 2013 Appendix 5 Questions raised by the Select Committee for 145 – 153 reply by ICAC Appendix 6 Written reply dated 6 September 2013 from 154 – 156 ICAC to the Select Committee Appendix 7 Written reply dated 27 September 2013 from 157 – 158 ICAC to the Select Committee Appendix 8 Written reply dated 23 October 2013 from 159 – 160 ICAC to the Select Committee Appendix 9 List of questions submitted by Hon Cyd HO 161 – 163 to the Select Committee Appendix 10 Written reply from ICAC to the questions 164 – 168 raised by Hon Cyd HO Appendix 11 Information on ICAC's policy on duty visits 169 Appendix 12 Written reply dated 28 May 2014 from the 170 Chief Executive's Office to the Select Committee Legislative Council Select Committee to Inquire into Matters Relating to Mr Timothy TONG's Duty Visits, Entertainment, and Bestowing and Receipt of Gifts during his Tenure as Commissioner of the Independent Commission Against Corruption Page Appendix 13 Details of the 35 duty visits outside Hong 171 – 186 Kong headed by the former Commissioner of ICAC, Mr Timothy TONG Hin-ming, from 2007-2008 to 2012-2013 Appendix 14 Itinerary of the duty visit to 187 – 188 Beijing-Kunming-Lijiang (11 to 17 January 2009) Appendix 15 Itinerary of the duty visit to 189 – 190 Beijing-Chengdu-Leshan (16 to 23 May 2010) Appendix 16 Information on the number of reports 191 submitted by the former Commissioner of ICAC, Mr Timothy TONG Hin-ming, to the Chief Executive after attending duty visits outside Hong Kong Appendix 17 Relevant parts of ICAC's Commission 192 Standing Orders relating to duty visits applicable during Mr Timothy TONG Hin-ming's tenure as the Commissioner of ICAC and the changes that have been made since Mr TONG Hin-ming left ICAC Appendix 18 Information on ICAC's policy, rules and 193 – 194 guidelines on official entertainment Appendix 19 Information on the procedure for approving 195 the hosting of official entertainment by the Commissioner and officers of ICAC Appendix 20 Information on the procedure for handling 196 the expenses arising from the official entertainment made by the Commissioner and officers of ICAC Legislative Council Select Committee to Inquire into Matters Relating to Mr Timothy TONG's Duty Visits, Entertainment, and Bestowing and Receipt of Gifts during his Tenure as Commissioner of the Independent Commission Against Corruption Page Appendix 21 Information on the attendees of ICAC's 197 Weekly Meetings and the procedures for drafting and confirming the minutes of these meetings Appendix 22 ICAC's Commission Standing Orders relating 198 – 200 to entertainment expenses Appendix 23 Form 569 introduced by ICAC in June 2008 201 – 202 Appendix 24 Information on the lunches/dinners hosted by 203 – 204 the Commissioner of ICAC for the Consuls General in Hong Kong Appendix 25 Reply from ICAC on the lunches/dinners 205 hosted by the former Commissioner of ICAC, Mr Timothy TONG Hin-ming, for the Consuls General in Hong Kong Appendix 26 Terms of reference, composition and term of 206 office of the committee overseeing the operation of ICAC Staff Mess Appendix 27 Reply from ICAC on whether there were any 207 precedent cases in which chefs from other organizations were arranged to provide catering services for the functions of ICAC Appendix 28 ICAC's Commission Standing Orders relating 208 – 212 to entertainment expenses and offering/exchange of souvenirs Appendix 29 Information on ICAC's policy, rules and 213 – 214 guidelines on bestowing and receipt of gifts Appendix 30 Information on the incorporation of the 215 – 226 policy on exchange of gifts into ICAC's Commission Standing Orders Legislative Council Select Committee to Inquire into Matters Relating to Mr Timothy TONG's Duty Visits, Entertainment, and Bestowing and Receipt of Gifts during his Tenure as Commissioner of the Independent Commission Against Corruption Page Appendix 31 Examples of "Commission-wide" gifts of 227 – 228 ICAC Appendix 32 Examples of gifts procured by individual 229 departments of ICAC Appendix 33 List of gifts presented
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