ેҖ఍ѐಡ Operations Department Review 2002 ࢶപপҾҖ߆ડຆ߆̳ཌ Independent Commission Against Corruption Hong Kong Special Administrative Region న߉ĂטĂ׍౯кีАซ۞޽೭̈́ଠ͕̚טࢬٙणϯ۞ેҖ఍Җજଠދѐಡ న߉Β߁˘࣎ྤੈ۞͕̚טአຆཌٙซҖ۞ЧีҖજĄҖજଠםϡͽ޽೭׶ አ̈́Ⴞ၅ր௚Ăͽ̈́˘࣎םҖજგநր௚ă˘࣎Ӏϡ኎ߐؠҜԫఙ۞֘ฤ̈́ ტЪ఼ੈր௚ĂΞ֍ેҖ఍·̶ᑕϡАซࡊԫχᑝలѳĄ The front cover depicts the Operations Control Room (OCR), which incorporates a number of sophisticated command and control facilities for use in controlling oper- ations in the field. The OCR is equipped with an on-line information and opera- tions management system, a vehicle fleet co-ordination and monitoring system with satellite-assisted global positioning technology, and an integrated communi- cations system. The facility exemplifies the Operations Department's commitment to adopting advanced technology in combating corruption. ֏Ĉކ׻ֹ ĂڱĂ૞ຽેפҖ఍ˠࣶؠυ᎕ໂซે ዟຍॲߤĂ๐ੵలѳ Mission statement : By enforcing the law vigilantly and professionally, we are determined to seek out and eradicate corruption wherever it exists Ԕ֏ Foreword ຆ߆૞ࣶՂ͌ЍĂJETN BY AMBROSE LEE SIU-KWONG, IDSM, COMMISSIONER, ICAC 9 2:85ѐјϲĂ҃ԧ he ICAC was established in 1974, the very year Iٺ߆̳ཌ Тѐΐˢˢဩְચ఍̍ Tjoined the Immigration Department. Naturally, Iٺຆϒߏ had no way of knowing then that, 28 years later, I would be ົޢүĄаຐ༊ॡĂԧ׽൒൑ଂۢ྽39ѐ̝ the Commissioner of what was destined to become one of the ΍Їຆ߆૞ࣶĂତೠ̫̏͟᜚֗͵ࠧඥలА foremost anti-corruption agencies in the world. Yet, in July ଐಶ 2002, that is exactly what happened. When Hong Kong's Chiefְ۞זዡҖЕ۞ຆ߆̳ཌĄ఺Іຍຐ̙ д3113ѐ8྆͡൴ϠĄ༊ॡĂࢶപপડҖ߆ Executive, Mr TUNG Chee-hwa, asked me to make the transi- tion from Director of Immigration to Commissioner of the ᖼܜරАϠࢋՐԧϤˢဩְચ఍఍ޙ཭ءܜ ICAC, he made very clear to me the challenges I would face in ԧдາ૯Ҝٙ my new role. He reminded me of the high regard in which theځЇຆ߆૞ࣶĂ֭Шԧ୻຾ᄲ ,ᅮࢬ၆۞߄ጼĄ΁Ϻ೩ᏹԧຆ߆̳ཌ่̙౯ Commission is held, not only by the Hong Kong community ׎΁઼छ̈́гડ۞ but by governments and other anti-corruption agencies, asצώപξϔଯૣĂՀஎצ well as a broad range of interested non-government లયᗟ۞ͅڦ׶ͅల፟ၹĂͽҌБ஧ᙯع߆ organisations around the globe. In that knowledge, and with ۞ءܜ௡ᖐٙࢦෛĄԧ·̶ᒢྋҖ߆ع߆ܧ the understanding that the ICAC's goal is to eradicate corrup- ຆཌ۞ֹ׻ߏࢋώ඾̳̂൑ tion, without fear or favour, wherever it exists, I agreed to takeזϨځࢋՐĂϺ .ռă൑ࠦ൑ᛵ۞ჟৠԯలѳ߿જ˘˘ඥ୻Ă on the task ఺ีЇ׻Ą I am deeply honoured to have been chosen to take up˞צ൒ତڟ߇ѩĂԧ the baton carried with such distinction over the years by a suc- ਕૉፉѩࢦЇĂЯࠎຆضၷ૱ܧԧ cession of dedicated Commissioners, under whose guidance ᅳጱ˭Ă̏јࠎ and support the ICAC achieved its exemplary world-wideځ෸׶ࡻמཌд።Ї૞ࣶ۞ reputation. I know the job will not be easy, but I also know ٽБ஧ͅల፟ၹ۞׏ቑĄԧۢ྽тѩࢦЇ̙ ĂдᅳጱຆཌᚶᜈͽĶˬგ that, in leading the Commission's celebrated three-prongedܫٚፉĂҭԧஎ attack on corruption into the future, I will have the support of ຆזᆅ˭ķඉரχᑝలѳ۞ॡ࣏Ăԧ૟ົ଀ a body of men and women of the highest professional skills .૞ຽ׶எ׍ྕ and integrity who have dedicated their lives to the causeޘཌТˠБ˧͚޺Ą΁ࣇ੼ ĂϭԠᚥ֗ඥల࣍ຆ۞ૣ੼ֹ׻Ąܫ The prevailing economic decline dictates the need for .дϫ݈གྷᑻ਽ੜ۞ᒖဩ˭Ăଂְඥ particular vigilance in the field of anti-corruption work Corruption is a crime which, even in the best of times, eats ల̍үืপҾ೩੼ᛋᛇĄӈֹдᓄර஽͵Ă away at the very fabric of society. When times are hard and -లѳϺ֖ͽឭࢴۤົ۞ॲૄĄдགྷᑻ̙ഀă money tight, the temptation to resort to corruption is signifi .྽ᇇᇾ໤̙੼۞ˠĂ cantly greater to those of already borderline ethical standardsٺᅙॲൺ௞۞ॡ࣏Ă၆ Ăԧ And it is in times of adversity that the need to keep corruptionגలѳ۞͔ᄵҋ൒ົՀ̂Ąдѩᓞᙱॡ firmly under control is paramount, for that is when the com- ׎च҃צࣇՀืѣड़࿄ͤలѳĂͽҺۤົᄋ munity is most vulnerable. Here at the ICAC, we are very con- ᛋᛇγĂຆཌົა scious of the threat, and as our enforcement successes clearlyޘĄੵ˞ჯ޺੼ڶΐஎࡴ дࢶപᛈ demonstrate, corruption in Hong Kong has never been aځĂᙋڱٺႽٙਕԯలѳЊ̄ᘰ̝ .Ϛలѳؠࢋ;΍Օࢦ΃ᆊĄ higher risk crime : -ੵ˞གྷᑻ׶׎ιЯ৵ĂలѳཋҖ۞ In the fight against corruption some challenges are con ׽ѣপኳ΄ඥల̍үໂ׍߄ጼّĄలѳߏຳ stant, unaffected by economics or other factors. The secretive nature of this insidious crime, where there are rarely witnesses ᙋĂ߇ѩໂۏг㝯ซҖ۞̺༊Ăᔿѣˠᙋٕ or even evidence that it has taken place, makes it one of the ᙱઍߤĄҭߏĂຆཌ۞አߤˠࣶώ඾൑ͧ۞ most difficult to investigate. But the zeal and professionalism ,ࢬ၆߄ጼĂ൴೭࿱ૻ of our investigators is legendary. They thrive on challengeٺሤྕ׶૞ຽჟৠĂ݌ ੽Ԡć҃ԧүࠎຆ߆૞ࣶĂؠົაႽБ˧ග and for my part as Commissioner I will do everything in my power to ensure that they receive the support they need to suc- ଀јΑĄפ͚޺Ăቁܲ΁ࣇд̍ү˯ᚶᜈ̟ ceed in the future as they have in the past. -Of course, we do not stand alone in the war on corrup ܧ༊൒Ăಶඥల̍үֽᄲĂԧࣇ֭ -tion, and there is a growing global demand for clean govern ع؝࢕үጼĄᒖᜪБ஧ЧгĂன̫၆ຆሒ߆ -෦Րດֽດ̂ć҃Հࢦࢋ ment and high standards of corporate governance in the pri۞ڼ׶։р̳Φგ vate sector. More importantly, there is growing understanding ѩЪү׶̢كυืזϨځߏĂЧ઼ు႙۞ among nations that co-operation and mutual assistance are ӄĂ̖ਕѣड़χᑝྭဩలѳ߿જĄ͹જ΍ᑝ essential to tackling corruption on an international basis. ϲϾҡЪүᙯܼĂ̪ߏຆཌ͹ࢋ۞ Proactive investigation and the partnership approach remainޙአߤ׶ ͅలඉரĄ3114ѐ2͡Ăຆ߆̳ཌ૟ᄃ઼ᅫ staples in the ICAC's strategy for tackling corruption. Together with the International Criminal Police Organisation - Жᛋ௡ᖐдࢶപЪᏱ˘઼࣎ᅫͅలົᛉĂԧ Interpol - which is one of our longest standing partners against ࣇ֭Ᏼፄ˞Ķྭાᛸ͘ໝలѳķүࠎ఺Ѩົ corruption, we have chosen the latter as the theme for our joint ᛉ۞͹ᗟĄдેඊᇤᆷ఺ቔԔ֏ॡĂԧ࿰ࢍ international conference in Hong Kong in January 2003. At the ણΐ఺Ѩ઼ᅫົᛉົѣ39Щᓾ۰Ă̶Ҿֽҋ time of writing this foreword, I expect the conference to be attended by 28 speakers and 131 delegates ፟ᙯ׶̙Т፟ၹ۞242عώപ׶̰г92࣎߆ from 81 organisations and government departments in Hong Щ΃ܑĂͽֽ̈́ҋ෹࿅61઼࣎छ̈́гડ۞ Kong and the Mainland, and more than 250 from 104 overseas ௡ᖐ۞361Щ΃ governments and non-government organisations in over 50ع߆ܧ׶ܝొع215࣎߆ Ą఺Ѩົᛉ૟೩ֻ˘݈࣎ٙϏѣ۞։፟Ă countries. The conference will present an unprecedentedܑ ឰБ஧Чгͽඥల࣍ຆࠎВТϫᇾ۞፟ၹ׶ opportunity for networking, experience sharing and strengthening ties between organisations and individuals from ϲᓑඛშඛă࠹̢Ϲ߹གྷរ̈́ޙѩكˠ̀Ă around the world who share the same ideal - the eradication of ซ˘ՎΐૻᓑᘭĄ corruption. So in summary, yes, times are tough... and may yet get ڶਗ਼ဩ̝̚Ă҃ଐٺࢶപ൑Ⴗϒ఍ ΞਕՀᔌೋ̼Ą൒҃ĂᏓᄬѣ̠ĈĶਗ਼ဩҋ tougher, but as the adage has it, when the going gets tough, the tough get going. That is certainly our motto in the ICAC, and ؠߏԧࣇຆཌˠࣶ۞ۺૻĂૻ۰ດૻĄķ఺ those in Hong Kong who would seek to line their pockets at ळΠᅛĂֱ֤ྏဦͽలѳ߱͘ຫˠӀ̎۞ˠ the expense of their fellow citizens by corrupt means would do ચืღ੃Ą well to remember it. ͽ˭ౢ༼૟ᛚࢗຆ߆̳ཌેҖ఍࿅ The following pages provide an overview of the work of the ICAC's Operations Department during the past year. I ኷זĂԓ୕᝝۰၆̰टຏڶΝ˘ѐ۞̍үໄ hope that you will find them interesting reading. Ąק 21 ࢬ၆າ߄ጼ Accepting the Challenge Ղᅛ፨ĂJETĂ ઘຆ߆૞ࣶࣘેҖ఍ࢵܜ BY DANIEL LI MING-CHAK, IDS, DEPUTY COMMISSIONER AND HEAD OF OPERATIONS 22 ѐ΃̚ΐˢຆ߆̳ became an ICAC officer in the mid-seventies at a˩˛ٺ ,ԧཌĂ༊ॡࢶപۤົలѳј Itime when corruption was endemic in Hong Kong and syndicated corruption in the public sector was a source ڶะဥёలѳ߿જ஡ሩĂଐ۞ܝొعࢲĂ߆ of shame and, to many, indignation. Even with the support -of the community in those early days, the fight against cor ז၁д΄ˠ௧ປ׶ᇙೖĄᔵ൒༊ѐຆཌ̏଀ ˠ͚̀޺ĂҭᆹҖඥలֹ׻̪ߏਥഌ႕ ruption proved incredibly challenging. ICAC officersົۤ worked long hours under very difficult conditions, often ॡมܜ˭ᓞᙱ۞ᒖဩ૱ܧ౉Ąຆཌˠࣶࢋд meeting with resistance or outright aggression from those ၆ԧࣇ·႕ԩ١׶ᇲ they sought to investigate and their misguidedــአߤˠ̀צүĂ̍ -ຍĂࠤҌᄱጱ΁ˠ၆׎૙̟ТଐĂ̂̂ᆧΐ sympathisers. But determination and professionalism ulti mately won the day. Thanks to the endeavours of those Ą൒҃Ăጴ඾ЧАᜭአߤ˧ܡአߤ̍ү۞˞ pioneer investigators, syndicated corruption eventually ˠࣶ൑ͧ۞ՙ͕ăላ˧׶૞ຽჟৠĂะဥё became a thing of the past, and the reputation and integrity ᓏ᜖׶ྕ of the Hong Kong Government Service was restored. But۞عјࠎ።ΫĂ΄ࢶപ߆ٺలѳ௣ the greed of men and the nature of power are such that cor- ٺٽˠّ۞ల૏׶ٺ଀ͽॖаĄΞߏĂૄܫ ruption can never be eliminated, and the ICAC continues to ॲੵ۞ĂຆཌЯѩ play a vital role in protecting the community against thoseڱజᝋ˧ჺ̼Ăలѳߏ՟ .ᕝӅ˧Ăͽჯ޺˘࣎ຆሒ̳π۞ۤ who seek to profit from betraying the trust placed in them̙ื̪ ົĄ Today, corruption in Hong Kong is at least under con- trol, and what makes that situation possible is the never- ,ĂБ ending war waged against the corrupt by the ICACטଠזצĂࢶപ۞లѳયᗟ͇̫ ᏥຆཌӅ˧̙ጻχᑝలѳ׶ۤົˠ̀က˧͚ together with the support of the community. The Operations Department's task in that war is to ensure that Ж۞غ޺ĄેҖ఍۞ЇચĂߏ౅࿅᎕ໂ׶ၔ corruption remains a high-risk crime, and we do that .አߤĂቁܲలѳߏ੼ࢲᐍཋҖĄԧࣇᖣ඾ through vigorous and thorough criminal investigationְ ѐٙଳϡ۞͹જ΍ᑝአߤඉரĂ೬൴˞̙ Whilst the proactive approach to corruption investigationܕ we have pursued in recent years continues to unearth లѳ९Іćҭ඗̂ొ̶۞አߤ̍үĂலౣ͌ pockets of corruption, the vast majority of our work results ໚ҋξϔٙү΍۞లѳᓝಡĄкѐֽĂల from corruption reports from the community. For the firstౌ ѳᓝಡᇴф޺ᜈ˯̿Ă఺ᔌ๕д3113ѐҬͼ time in many years, 2002 saw a levelling off of corruption reports received by the Commission, and whilst there were ׶ռᒉ፟ၹ׌͞ܝొعᘦؠ˭ֽĄᔵ൒߆̏ marginal increases and decreases in public and private sec- ࢬ۞లѳᓝಡᇴф̶Ҿѣᅅ຋ᆧഴĂҭፋវ tor reports, respectively, the overall statistics more or less .ᓝಡᇴф̂࡭ᄃ3112ѐ࠹ࡶĄ reflect those of 2001۞ Our overall objective is to ensure clean government ొعҖ఍۞ፋវϫᇾĂߏ౅࿅д߆ે and a level playing field for commerce, which we strive to -׶ռᒉ፟ၹ׌͞ࢬχᑝలѳĂቁܲࢶപጾ achieve by targeting corruption in both the public and priܝ vate sectors. Tackling private sector corruption often ۞ۋ׶˘࣎ΞซҖ̳πᚮعѣ˘࣎ຆሒ۞߆ involves investigating complex commercial crime in tan- ᒉથᒖဩĄ఍நռᒉ፟ၹ۞లѳ९ІॡĂੵ dem with associated offences of corruption by agents con- .አߤ࿁ͅĮ֨ͤྦྩ୧ּįௐ:୧۞΃ந trary to Section 9 of the Prevention of Bribery Ordinance˞ ᔘืአߤ९Іٙঘ̈́۞ Roughly fifty percent of the Department's investigativeــˠలѳҖࠎγĂ workforce is deployed in the investigation of these cases, 23 ኑᗔથຽཋ९ĄેҖ఍̂ໄ˘Ηአߤˠ͘ߏ which tend to be difficult, painstaking and time አߤ఺ᙷྵࠎӧᙱă෱˧̈́ᅮॡ۞९ consuming.