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Annual Report of the CCAC of Macao

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Annual Report of the CCAC of Macao Annual Report of the CCAC of Macao 1 Annual Report of the CCAC of Macao Contents FOREWORD............................................................................................................5 Part I CASE PROCESSING SUMMARY...............................................................9 I. Number of cases recorded..............................................................................11 II. Case processing..............................................................................................14 PART II ANTI-CORRUPTION..............................................................................15 I. Numbers of reports and cases commenced for investigation...................17 II. Summary of some of the cases investigated by the CCAC......................18 III. Mutual case assistance in cross-border investigations and judiciary assistance.........................................................................................................28 PART III OMBUDSMAN.......................................................................................29 I. Introduction..............................................................................................31 II. Number and nature of requests for help and consultation.......................32 III. Investigation file, analysis and recommendations.............................................36 IV. Summary of some ombudsman cases...........................................................37 PART IV OTHERS...................................................................................................69 I. Declaration of incomes and properties.........................................................71 II. Training and exchange programmes............................................................72 III. Legislative Assembly gives general approval for the bills to revise Law The Commission Against Corruption of Macao SAR and Law Declaration of Incomes and Properties..................................................................................78 2 Annual Report of the CCAC of Macao PART V INTEGRITY PROMOTIONS & COMMUNITY RELATIONS.....83 I. Integrity education.........................................................................................85 II. Promotion in the community.......................................................................94 III. Other education and promotion work........................................................95 IV. Contacts and exchanges...............................................................................97 PART VI APPENDIX............................................................................................101 APPENDIX I Legal analysis submitted to the Chief Executive by the CCAC - Legal analysis on the eligibility of a certain type of retirees to obtain housing subsidy under Law no. 2/2011 of 28th March......105 APPENDIX II Some of the recommendations and investigation reports by CCAC (1) - A comprehensive report on problems concerning the organizational structure and operation of Macao Polytechnic Institute.............................................................134 (2) - An investigation and analysis report on complaints regarding personnel management of units subordinate to Maritime Administration.....................................................................261 (3) - An investigation report on the grant of 10 graves by former Temporary Municipal Council of Macao.............................289 APPENDIX III The CCAC’s Complaint Handling Procedure..............................403 3 Annual Report of the CCAC of Macao The Commissioner Against Corruption, Fong Man Chong, submitting the 2011 Annual Report of the CCAC of Macao to the Chief Executive, Dr. Chui Sai On 4 Annual Report of the CCAC of Macao FOREWORD According to the stipulation of Article 15 of Law no. 10/2000 of 14th August, the Organic Law of the Commission Against Corruption of the Macao Special Administrative Region, the Commissioner shall submit to the Chief Executive, no later than 31st March of every calendar year, a report of its activities in relation to the previous year. Concerning the work of the CCAC in 2011, it could be concluded as: (1) effectively fulfiling the functions assigned to it; (2) enhancing the effectiveness in the prevention, investigation and punishment of the crime and (3) making progress while ensuring stability. In the area of anti-corruption, the CCAC continued to uphold the two-pronged strategy of combating and prevention, to conduct investigation upon the obtaining of evidence on any cases to curb corruption. In 2011, the Anti-Corruption Bureau investigated over one hundred cases. There was an increase in the number of bribery cases for investigation in both public and private sector, indicating an elevated awareness on law-abidingness, integrity and fair business environment, and also a stronger pursuit for fairness. Two aspects are noteworthy: (1) The number of cases lodged by complainants willing to provide personal data has for the first time recorded a significant increase, amounting to over 60% of the total number of cases received. This shows that the citizens’ willingness to lodge a complaint and the awareness of safeguarding their rights were enhanced significantly and their tolerance towards corruption was greatly lowered. (2) The law Prevention and Suppression of Bribery in the Private Sector has entered into force for almost two years, there was a significant increase in the number of complaints and enquiries. This proved that the legal knowledge of both the industries and the general public has been increasing and more emphasis was placed on the importance of a fair business environment. In the area of ombudsman, the CCAC handled nearly 1,000 petitions and complaints in 2011. The CCAC basically managed to grasp the comprehensive range of information in aspects such as the problems faced by the administrative system in its operation, the factors affecting administrative efficiency, the reasons of grievances 5 Annual Report of the CCAC of Macao among citizens and the issues that are being criticized. In order to overcome the current dilemma, the Administration should have the mindset of self-reflection, to learn from past lessons, to abolish the outdated and to innovate. An imperfect system and poor management are always some of the main reasons for the problems. On the education front, as always, the CCAC invested a large portion of its manpower and resources in this area. Over the past year, the publicity strategy of going into the community and visiting civil association was implemented to broadly promote the awareness of integrity and law-abidingness as well as to publicize the concept of fair business. In 2011, the CCAC has organized a total of nearly 400 sessions of seminars and symposia with more than 25,000 participants including public servants, teenaged students, employees of commercial institutions and the general public. This is basically in line with the provisions of Paragraph 11 of Article 5 and Article 122 of the United Nations Convention against Corruption. Promotion and education is an essential part in anti-corruption and the saying “prevention is better than cure” has its own truth. In fact, the role and the position of the corruption monitoring entity itself needs to keep pace with the times, just as the traditional concept of the hospital, in the past the first importance was to make a diagnosis and give treatment, however, in modern concept, the hospital has already shouldered the functions of pathology and regular health check-ups in order to achieve the prevention effect. 1 The contents of the respective Paragraph: “1. Each State Party shall, in accordance with the fundamental principles of its legal system, develop and implement or maintain effective, coordinated anti-corruption policies that promote the participation of society and reflect the principles of the rule of law, proper management of public affairs and public property, integrity, transparency and accountability.” 2 The stipulations of the respective Article: “1. Each State Party shall take measures, in accordance with the fundamental principles of its domestic law, to prevent corruption involving the private sector, enhance accounting and auditing standards in the private sector and, where appropriate, provide effective, proportionate and dissuasive civil, administrative or criminal penalties for failure to comply with such measures. 2. Measures to achieve these ends may include, inter alia: (a) Promoting cooperation between law enforcement agencies and relevant private entities; (b) Promoting the development of standards and procedures designed to safeguard the integrity of relevant private entities, including codes of conduct for the correct, honourable and proper performance of the activities of business and all relevant professions and the prevention of conflicts of interest, and for the promotion of the use of good commercial practices among businesses and in the contractual relations of businesses with the State; (c) Promoting transparency among private entities, including, where appropriate, measures regarding the identity of legal and natural persons involved in the establishment and management of corporate 6 Annual Report of the CCAC of Macao To face the community, listen to the views of society and make progress while ensuring stability are the deployment of the CCAC in fulfiling its duties. In addition, the strengthening of cooperation with civil associations to obtain support and participation
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