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If you have issues viewing or accessing this file, please contact us at NCJRS.gov. ,-, , • • • . -• • • • • • , , .. • • • , , • • , ',.~ ~ ----~-~ ------- if ANNUAL REPORT ON THE ACTIVITIES, iJ INDEPENDENT COltiMISSION AGAINST' CORRUPTION FOR 1979 DONALD LUDDINGTON, K.B.E., C.M.G., C.V.D. ~, ; '. Commissioner of the Independent Commission Against Corruption Prepared for suhmission to His Excellency the Governor , c) ; in accordance with Section 17 of the Independent Commission Against C()rruption Ordinance 1974 :.;' 7 ,", f\~CJRS CONTENTS .. ('-1 JUN 4 1980 Chapter ACQ Page . UISITIONS-·- DIRECTORATE OF THE ICAC 5 ADVISORY COMMITTEES- rrERMS OF REEBRENCE 6 AND MEMBERSHIP INTRODUCTION 8 COMMISSIONER1S REVIEW 9 2 ADMINISTRATION 13 , 3 OPERATIONS DEPARTMENT 17 4 CORRUPTION PREVENTION DEPARTMENT) 32 5 COMMUNITY RELATIONS DEPARTMENT 41 Appendix I Duties of the Commissioner 51,; II Deployment of Senior Posts and 52 Organisation of Office of the Commissioner and Administr'at ion Branch III Organisation of the Operations Department 53 IV Organisation of the Corruption Prevention 54 Department V Organisation of the Community Relations 55 Departmen't VI(a) Staffing Position - Analysis by Origin of 56 Officers VI(b) Staffing Position - Analysis of Strength 57 by Departments VII(a.) Statement of Accounts for the Year ended 58 31st March 1979 - Report and Certificate of the Director of Audit VII.(b) Statement of Estimated and Actual 59 Expenditure for the Year ended 31st March 1979 VIII Comparative Sfatement of Approved and" 60 I Revised Estimates of Expenditure for t 1979-80 and Draft Estimates for 1980-81 \, .3 IX Corruption Reports Received and 61 Investigated X Non-Corruption Reports ReC'eived 62 XI Corruption Reports by Modes of Report 63 t XII Corruption Reports (Cla~sified by 64 Government Departments and Others) XIII Corruption Reports Received and , 65 Investigated and Persons ProsecJited (Classifie!i by Government Dep~!cments and Others) c>./ XIV Corruption Reports Investigated 66 xv Corruption Reports Investigated 67 (Classified by Government Departments and Others) XVI Corruption and Related Offences Prosecute& 68 (Classified by Type of Offences) XVII Corruption and Related Offences Prosecuted 69 (Classified by Government Dep'artments and Others) XVIII Cases Referred to Government Departments 7Q and Others :ear Disciplinary or I Administcrat±ve Action 'I XIX Reports Forwarded to Client Organisations 71 by Corruption Prevention Department in 1979 xx Studies Being Conducted by Corruption 80 Prevention Department XXI Monitoring Studies Completed by Corruption 83 Prevention Department in 1979 XXII Sub-Committees of Citizens Advisory 88 Committee. on Community Relations - Terms of Reference and Membership XXIII Community Relations Departm~nt Liaison 90 Functions XXIV Activities Undertaken by ICAC Local Offices 91 XXV A Sampling of Special Activities Organised 92 by the ICAC Local Offices in 1979 4 DIHECTOHATE OF THE ICAC AS AT 31ST DECEMBER 1979 Commissioner Sir Donald LDDDINGTON, KBE, CMG, CVO Secretary to the Commission Mr. 3.3. HIDGE Operations Department Director Mr. G.A. HARKNETT, OBE, QPM, CPM Deputy Director Mr. H.N. WHITELEY, C:PM <"·1 Assistant Director Mr. D.B. SUTHERLAND Assistant Director Mr. N. MATT IN Assistant Director Mr. C.A. LENEHAN Corruption Prevention Department I, Senior Assistant Director Mr. 3.A. HARRISON, MBE, MC Assistant Director Mr~ E. LOWE Assistant Director Mr. B.G. HEMSHALL Community Relations Department Senior Assistant Director Mrs. Helen YU LAI Ching-ping Assistant Director Mrs. Lily LAM KWAN Pui-ying 5 F /i ~,r \ «( ADVISORY COMMITTEES - TERMS OF REFERENCE AND MEMJ:!ER'!3HIP .' J; AS AT 31ST DECEMBER 1979 /1 A. Advisory Committee on Corruption '1(;: Terms of Reference . Membership (1) To advise the Comm~ssioner of the The Hon. Sir Yuet-keungKAN, G~B.E., Independent Commission Against J.r. (Chairman) Corruption on any aspect of the (\ The Rev. the Hon. Joyce Mary BENNETT, O.B.E.,: ~problem· of corruption in Hong Ko;;'g, whether within or outside the J.P. Government Service, and, to ~his end The Hon. J .H.BREMRIDGE, O.B.E., J.P. (a) to keep the policies of the The Hon. R.H. LOBO, C.B.E., J ;P. Commi\~sion under review; (b) to consider the. annual Mr. Paul K.C. TSUI, C.B.E., J.P. estimates of expenditure of Commissioner of t.he Independent ) the Commission; ) '0> Commission Against Corruption ) (c) to Gcrutinise the annual ) (ex officio) report ·of the Commission Secretary ~or the Civil Service ) ) before its submission to Director of:Operations ) the Governor. Secretary An officer of the I.C.A.C .. (2) To draw to the Governor's attention, as it considers necessary, any aspect of the work oithe GOmmission or any problems encountered by it. \~ \\ B. Operations Review Committee Terms of Reference Mambership (1) To receive from the Commissioner Commissioner of the-'Independent Commiss1.on information about all complaints of Against Corruption (Chairman ex offi<;';io) corruption made to the Commission and Dr. ~h6 Hon. HO Kam-xai progress reports on the manner in which the Commission is dealing with Mr, J.L. SOONG them. Mrs. Joyce SYMONS, C.B.E., J.P. (2) To receive from the Commissioner Attorney General (or his ) reports on action taken by the "<,',< ) r!lpresentative) ) Commission in the invastigation of ) offences within its jurisdlctionand A Deputy Commissioner of Police ) (ex officio) ) to advise the Commissioner which Director of Operations (or his ) complaints should no longer be pursued. ) deputy) ) (3) To advise the Commissioner what Secretary information revealed by investigations An officer of the I.C.A.C. into offences within its jurisdiction shall be pass~;d to Government Departments or public bodies, or other organisations and individuals. (4) To advise on such other IIiI1:,;ters as the Commissioner may refer to the Committee or on which the Committee may wish to advise. 6 C. Corruption Prevention Advisory Committee Terms of Reference Membership ,I) (1) To receive and call for repQrts Commissioner of the Independent Commission from the Commission about p!~actic~s Against -Corruption (Chairman ex officio) and 'procedures of" governmeni0'departmeJi't;s, Mr. CHEN Shou-Ium, O.B.E., J.P. public bodies ~nd the private sector ~Mr. Eric CUMlNE, O.B.E., J.P. which may be conducive t~ corruption and to advise the Commissioner what areas Drj;, :(.;'jl:. DING should be examined and the degree of Mrs. -Nellie Fm!G priority to be accorded to each. Mr. Gerald FORSGATE, O.B.~., J.P. (2) To consider recommendations arising from such examinations and to advise the Mr. S.V. GITTINS, Q.C',,/J.P. Commissioner on further action to b~ Mi. Gallant Y.T. HO; .J.P. taken. Mr. Edmond T.C. LAU (3) To monitor action taken to implement Miss Elsie LEUNG, recommendations made on the advice of the Corruption Prevention Advispry Mr. Albert LI Sze-bay Committee. Mr. \~d;M. MACWHINNIE, O.B.E., J.P. Mr. J.D. MCGREGOR, O.B.E., I.S.C. Mr. M.M. ?MITH The Hon. WO!'tI:>,::>o-yan, ~•• 13.E. Director of Administratit:m and Management Services (ex officio) Director of Corruption Prevention Secretary An officer of the I.C.A.C. D. Citizens Advisory Committee on Community Relations Terms of Reference Membership (1) To advise the Commissioner of the Commissioner of the Independeut Commission Independent Commission Against Against Corruption (Chairman ex officio) Corruption on the measures to be Mr. Louis L.Y. CHA taken to enlist and foster public snpport in combatting corruption and Mr. Stephen K.C. CHEONG to educate the public against the Dr. David FAURE evils of corruption. Dr. HWANG King-hung (2) To rece'ive and call for reports on" Dr. AlIlbrose Y.C. KING action taken by the Community Relations Department of the Mrs. KWAN KO Siu-wah, O.B.B. , J.P. Commission in pursuance of (1) above. Mrs. LEE LO Yuk-sim, J.P. (3) To monitor community response to Mr. Andrew K.N. LI the Commission's work and public Mr. PONG Ding-yuen, O.B.E. ,attitudes towards corruption in "general." Ill:'. SO Cherk-ming, J. P'. The Hon. Andrew SO Kwok-wing Mr. Michael STEVENSON Dr. Daniel C.W. TSE, J.P. Mr. TSIM Tak-lung Mrs . WONG LEUNG Chiu-ping Mr. YEUNG Po-kwan Secretary for the New Territories (ex officio) Director of' Community Relations Secretary An officer of the I.C.A.C. 7 INTRODUCTION D The Independent Co1l1mission Against Corruption (ICAC) was brought into ,existence on 15th February 1974 with the enactment of the Independent Commission Against Corruption. Ordinance 1974. 2. Prior to this 1 detection andinvestigat1ion of corruption were the responsibility .of<' the Anti-Corruption Office of the Royal Hong Kong Police Force. Following the publication .of the report of a Commission of Inquiry, held by Sir Alastair Blair-Kerr into corrupti9ll in Hong Kong and o~her related matters, His Excellen.cy the Governor announced at the opening session of the Legislative Council on 17th October 1973 that the responsibility for the detection and investigation of corrupti'on would be transferred from the Police Force to .an independent organisation.'" !? Constitution '~'. ~ 3. The Commission derives i ts"existence and charter from the Independent Commission Against Corruption Ordinance 1974. The independence of the Commission is established by the Commissioner being apart from the Civil Service and formally responsible directly to the Governor.' The Commissioner and his staff aJ:;'e not subject tq the purview:of the Public Services Commission and are; therefore, notp~rt of the .' Civil Service. Finance 4. ", The Commission is financed from a singleih,gad o:{'" expenditure in government's annual estimates. All ~~quirements for funds are first considered by the Advisory Comi:rd:ttee on Corruption and are then processed by the Government Sec+~atariil·t through the Finance Committee of the Legislative Council.. The Commission's accounts are administered in accordance with the usual government procedures and are subject to examination by the Director of Audit in the same way as the accounts of government departments.