98-468: ICAC may refer to: Independent Commission Against Corruption (Hong Kong) Independent Commission Against Corruption (Mauritius) Independent Commission Against Corruption (New South Wales) Independent Commissioner Against Corruption (Northern Territory) Independent Commission Against Corruption (South Australia) Indiana Collegiate Athletic Conference Institute of Chartered Accountants of
196-561: A 'final' posting, allowing the official to work without fear or favour. In 2013, Timothy Tong was found to have overspent on entertaining and gifts for mainland and other overseas officials during his 5-year tenure as Commissioner. An independent committee found that he had authorised entertaining expenses at banquets that exceeded internal guidelines. There was an example of an airline upgrade for two officers to business class costing HK186,000 that had no record of approval, and one gift costing HK$ 4,140 ($ 530) that had been reportedly offered to
294-477: A battery of physical, written, and psychometric tests, and receive a three-phase training if they are selected, which involves multiple tactics in witness protection, firearms and more. Up to now, no shots were fired by R4 during missions and the unit remains a good reputation. Colonial Regulation 55 was an executive provision of the highest order for which the colonial Government was not obliged to give cause. It stipulated that "An officer holds office subject to
392-650: A conflict between "one country" and "two systems" by stating that the interests of China ("one country") should prevail over Hong Kong's constitutional autonomy ("two systems"). This ignited criticism from many people in Hong Kong, who said that the Communist leadership was undermining the Basic Law Article 8, in that it was reneging on its pledges to abide by the policy that allows for a democratic, autonomous Hong Kong under Beijing's rule. The Basic Law guarantees Hong Kong
490-784: A copy...before signing on." Most Legislators supported the move as being under "exceptional circumstances" and "necessary." The Colonial Regulation was replaced by the Public Service Order after Hong Kong's transfer of sovereignty to China in 1997. ICAC commissioner Dr Timothy Tong Hin-ming mentioned in a report tabled in the Legislative Council the strategic importance of information technology (IT) in operations as corruption cases have become increasingly complex. The commission has stepped up staff training in financial investigation and computer forensics skills, and enhanced investigative resources especially in regard to corruption in
588-472: A crime is committed across provincial or SAR borders. The current status quo is that Hong Kong will ask for the return of Hong Kong residents who have committed crimes in Hong Kong and are arrested in the mainland. A mainlander who commits a crime in Hong Kong and flees back to the mainland, however, will be tried in the mainland. In cases of concurrent jurisdiction, the Central Government has demanded that
686-523: A further 24 officers were held on conspiracy charges, and 36 officers and a customs official were given amnesties. The move received a mixed response from the public whilst being broadly supported by legislative councillors as being in the best interests of Hong Kong not to let the affair fester and further demoralise the police Force. Urban Council member Elsie Elliot criticised the government for being lenient to senior corrupt officials, punishing only "small flies." Gradually, Hong Kong transformed from
784-546: A graft-ridden city into one of the least corrupt places in the world, as recognised by international institutions such as the World Bank , The Heritage Foundation and Transparency International . Some countries have looked to the ICAC as an effective model of combating graft holistically through detection, prevention, and education. In the 1970s, eight out of 10 graft complaints were against public officers. This trend has reversed over
882-621: A high degree of autonomy under Chinese rule, with the exception of foreign affairs and defence which remains the purview of the Central People's Government. Four agencies of the central government operate in Hong Kong. The Office of the Commissioner of the Ministry of Foreign Affairs was established under Article 13 of the Basic Law and began operating after the handover. The Liaison Office of
980-428: A huge stir in the mid-1990s as Tsui did not go quietly. Indeed, he made counter-allegations of misconduct within the ICAC, one of which was that Director of Operations Jim Buckle had "squashed" an investigation into allegations of sexual harassment by an officer called Michael Croft (who was later transferred and forced out of the service). Alex Tsui's continued rantings in the media and Legislative Council did little for
1078-798: A lucrative return. The Hong Kong Police Force previously had an Anti-Corruption Branch, but it did little to reduce corruption in February 1952. Public perception was that Anti-Corruption police, following the discovery of corrupt practices, would then enter into the dealings themselves. One example was Peter Godber , a senior officer stationed at Wan Chai Police Station and later at Kai Tak Airport police station. Before his retirement in 1973, he had amassed at least 4.3 million Hong Kong dollars (approximately 600,000 US dollars) in overseas bank accounts. The police's Anti-Corruption Branch investigated his wealth and ordered him to explain his source of income. In response, Godber immediately arranged for his wife to leave
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#17328408172781176-489: A person must love the country and love Hong Kong and that safeguards for this purpose should be provided for by the specific method of universal suffrage, without specifying what the safeguards were to be. The reform proposal encompassing this and other changes was rejected by the Legislative Council on June 18, 2015, after an ill-timed walk-out by many pro-establishment legislators. The courts of Hong Kong are given
1274-459: A police station and take an entire shift in for questioning as a "fishing exercise." Ultimately their shock tactics were effective. In the early days there were running punch-ups between ICAC officers and angry policemen who stormed their offices in Central District ; this situation ended only with the announcement of a partial amnesty for minor corruptions committed before 1977. But gradually,
1372-425: A representative committee under democratic procedures." However, Hong Kong has yet to implement universal suffrage for the elections, because the Basic Law states that the electoral method are subject to the "actual situation" of Hong Kong and "the principle of gradual and orderly progress". Whether the 2007 chief executive election and the 2008 Legislative Council elections could be performed by universal suffrage
1470-462: A senior mainland official. Tong was criticised by a Legislative Council committee for his 35 work trips which cost taxpayers almost HK$ 4 million ($ 513,000) and gifts to both mainland and overseas officials costing HK$ 282,000 ($ 36,100). The LegCo committee expressed its concern as to "whether Mr Tong had thoroughly considered that unduly close contacts between him and mainland officials in Hong Kong during his tenure might have shaken public confidence in
1568-545: A shadowy 'Central Investigation Team' ("中央專案組" or "中央調查組"). Article 95 provides for mutual judicial assistance between Hong Kong and the PRC; however, serious stumbling blocks, such as capital punishment stand in the way of a formal understanding of extradition . Additionally, HKSAR authorities have ruled that Articles 6 and 7 of the PRC Criminal Code does not give Hong Kong sole jurisdiction in criminal matters, particularly when
1666-437: Is a metaphor for being brought to ICAC for questioning due to the practice of offering a cup of coffee to the suspect so that he/she can concentrate during interrogation. There have been several movies about the ICAC; The First Shot in 1993 and I Corrupt All Cops in 2009 that tell the history of the ICAC from the inception to how it adopted its interrogation methods. A number of television series have also been made about
1764-544: Is accountable not to the Commissioner, but the ORC comprising largely members of the public appointed by the Chief Executive . The Commissioner is the public face of the ICAC, and is mainly responsible for policy, public image and international relations. Although generally considered the top official in the organisation, the Commissioner generally has little knowledge of specific investigations until their final stages, adhering to
1862-447: Is different from Wikidata All article disambiguation pages All disambiguation pages Independent Commission Against Corruption (Hong Kong) The Independent Commission Against Corruption ( ICAC ; Chinese: 廉政公署 ) is the statutory independent anti-corruption body of Hong Kong with the primary objective of combating corruption in both the public and private sectors. Established in 1974 and operating independently from
1960-617: The Hong Kong West Kowloon station of the Guangzhou–Shenzhen–Hong Kong Express Rail Link was completed to include a section where mainland Chinese officials are allowed to exercise Chinese laws, an arrangement that intended to reduce the time needed for immigration. The effectiveness of Chinese law inside Hong Kong territory was challenged in the same year in the Court of First Instance. The court ruled that
2058-668: The Lord Chancellor . This regulation was invoked approximately 25 times by the colonial Government up to 1978, twice of which was during the tenure of Governor MacLehose. Henry Litton , Chairman of the Hong Kong Bar Association , questioned the use of Regulation 55, when Regulations 56 and 57 (which provide for "dismissal after due enquiry" before a judge) could have been used. He furthermore said "As far as I know, Colonial Regulations apply to only sovereign gazetted officers," and that "no Chinese policeman has ever been given
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#17328408172782156-782: The Sino–British Joint Declaration was signed, the National People's Congress set up the Basic Law Drafting Committee (BLDC) in 1985, setting the basis of the transfer of sovereignty in Hong Kong from the United Kingdom to China. The committee was responsible for writing the draft Basic Law. In June 1985, the Standing Committee of the National People's Congress (NPCSC) approved the membership of
2254-521: The private sector . In 2008, the commission organised a series of seminars to enhance the investigators' knowledge on the global and local financial system and its regulatory mechanism. ICAC's financial investigation section probed into 7,095 financial transactions in 168 cases, involving an aggregated sum of HK$ 4.4 billion (US$ 567 million) in 2008. The commission's computer forensics section carried out 502 computer data analysis projects relating to 111 operations in which 368 computers were seized. Though
2352-790: The BLDC as "subversives". Lee and Szeto had voiced support for student activists in Beijing and had led the Hong Kong Alliance in Support of Patriotic Democratic Movements in China , an organisation instrumental in assisting political dissidents leave China after the military crackdown on 4 June. The basic principles of Hong Kong's governance under Chinese sovereignty mirror those in the Sino-British Joint Declaration, and most of them are set out in
2450-635: The BLDC, the BLCC was also dominated by business and professional elites. The first draft was published in April 1988 followed by a five-month public consultation. The second draft was published in February 1989, and the subsequent consultation period ended in October 1989. The Basic Law was promulgated on 4 April 1990 by the National People's Congress, together with the designs for the Regional Flag and Regional Emblem of
2548-407: The BLDC, which consisted of 36 members from China and 23 members from Hong Kong, chaired by Chinese diplomat Ji Pengfei . Twelve of the 23 members from Hong Kong were connected to the city's business and industrial sectors. A Basic Law Consultative Committee (BLCC) consisting of Hong Kong community leaders was also established in 1985 to collect views in Hong Kong on the draft law. Similar to
2646-451: The Basic Law and subject to any amendment by the legislature. Article 12 declares that Hong Kong enjoys a high degree of autonomy and comes directly under the Central People's Government. Private ownership of property is also a right protected in Hong Kong. Although the Basic Law was drafted to give effect to "One Country, Two Systems", on 10 June 2014, Beijing released a policy report asserting its authority over Hong Kong that started
2744-503: The Basic Law and the one country, two systems principle. The widespread suspicion that they were under detention in mainland China was later confirmed with apparently scripted video "confessions" and assurances by the men that they were remaining in China of their own accord. In June 2016, one of the five, Lam Wing-kee , revealed in a dramatic press conference that he and the others had been held without due process and that Lee Po had indeed been illegally abducted from Hong Kong, all by
2842-661: The Basic Law are described in Article 158 and case law. According to Article 158(1), the NPCSC has the power of final interpretation. This is consistent with the NPCSC's general power to interpret Chinese national laws as provided by Article 67(4) of the Constitution of the People's Republic of China . As a national law, the Basic Law was drafted in Chinese, and its Chinese version takes precedence over
2940-428: The Basic Law is a flexible constitution and as such can be interpreted for the needs of economic integration; the arrangement of having mainland Chinese laws in Hong Kong for the purposes of customs, immigration and quarantine does not contravene the "one country, two systems" principle. Article 23 requires Hong Kong to enact local national security laws that prohibit treason, secession, sedition, subversion against
3038-544: The Basic Law. Provisions of the International Covenant on Civil and Political Rights as applied to Hong Kong when the Basic Law came into effect were allowed to remain in force. Article 45 stipulates that the Chief Executive shall be selected by election or through local consultations and be appointed by the Central People's Government, with the ultimate aim of selection by universal suffrage upon nomination by
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3136-677: The Caribbean Intermountain Collegiate Athletic Conference The International Cotton Advisory Committee Internet Crimes Against Children Inter County Athletic Conference (Illinois) See also [ edit ] Independent Broad-based Anti-corruption Commission (IBAC) (Victoria) Crime and Corruption Commission (Queensland) International Certification Accreditation Council (ICAC) LCAC (disambiguation) Topics referred to by
3234-556: The Central People's Government replaced in 2000 the Hong Kong branch of Xinhua News Agency , which served as the de facto diplomatic mission of China to Hong Kong since 1947. The Hong Kong Garrison of the People's Liberation Army began operating after the handover. The Office for Safeguarding National Security was established in June 2020 under the Hong Kong National Security Law. Article 22 states that "no department of
3332-614: The Central People's Government and no province, autonomous region, or municipality directly under the Central Government may interfere in the affairs which the Hong Kong Special Administrative Region administers on its own in accordance with this Law". In April 2020, the provision sparked a debate after the Liaison Office and the Hong Kong and Macao Affairs Office criticised pro-democratic legislators for delaying
3430-592: The Central People’s Government". On the website of the State Council of China, a.k.a. the Central People's Government, the Hong Kong and Macao Affairs Office (国务院港澳事务办公室) and Xinhua News Agency (新华通讯社), whose Hong Kong branch was predecessor to the Liaison Office, are listed among institutions separate from the constituent departments of the State Council (国务院组成部门). Zhang Xiaoming has also said
3528-587: The HKSAR. On 4 June 1989, the BLDC's only two members representing the nascent pro-democracy camp , Martin Lee and Szeto Wah , declared that they would suspend their participation after the military crackdown of the Tiananmen Square protests of 1989 . In September 1989, Lee announced that he would return to the BLDC after being urged to do so by many in Hong Kong. However, in October, Beijing expelled Lee and Szeto from
3626-508: The Hong Kong Special Administrative Region of the People's Republic of China is a national law of China that serves as the organic law for the Hong Kong Special Administrative Region (HKSAR). Comprising nine chapters, 160 articles and three annexes, the Basic Law was composed to implement Annex I of the 1984 Sino-British Joint Declaration . The Basic Law was enacted under the Constitution of China when it
3724-578: The Hong Kong government and law enforcement agencies, the ICAC is headed by the Commissioner , who reports directly to the Chief Executive of Hong Kong . The ICAC has played a crucial role in maintaining Hong Kong's reputation as one of the least corrupt places globally and fostering a culture of integrity within the city. The ICAC's functions encompass investigation, prevention, and education. It investigates complaints of corruption-related offenses, conducts operations to uncover corrupt practices, and has
3822-410: The ICAC made itself felt and several high-profile police officers were tried and convicted. Others were forced to retire. As a result of its investigations, a mass purge took place in early 1978, where it was announced that 119 officers including one customs official were asked to leave under the provisions of Colonial Regulation 55 (see footnote 1 below) to fast track the decisions in the public interest;
3920-490: The ICAC offers advice and practical help to enable companies and organisations to introduce systems and procedures that are resistant to corruption. Since its inception the ICAC has worked tirelessly to change the public's perception that bribes and kickbacks are an expected and normal part of everyday life, and to reassure citizens that if they face a demand for an illegal payment that the ICAC will be there to investigate. In Hong Kong Cantonese , "to be invited to have coffee "
4018-417: The ICAC's "need-to- know" principle, which has acted as a de facto separation of functions since it was founded in the 1970s. The current Commissioner, the 15th, is Simon Peh . He was appointed in 2012 and is the body's longest-serving head to date. The ICAC has three divisions: Operations, Community Relations, and Corruption Prevention. The Operations Department is the largest by far, having 72 percent of
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4116-539: The NPCSC on 6 April 2005. The NPCSC ruled on 27 April 2005 that the Annex I of the Basic Law requires that if any Chief Executive should resign on or before 2007, the new Chief Executive should serve out the remainder of his predecessor's term. Hong Kong residents who favour autonomy view the "interpretation" from the Standing Committee as an intrusion into the Hong Kong legal system by the central government in violation of
4214-539: The New Zealand seaside town of Tauranga. In 2008, corruption reports received by the ICAC dropped six per cent to 3,377, of which 65 per cent were related to the private sector, 28 per cent concerned government departments, and the remaining seven per cent were against public bodies. Research on corruption—carried out by the Anti Corruption Resource Centre—shows that police corruption in Hong Kong
4312-633: The Office of the National Security Commissioner is not subject to the restrictions in Article 22. Except the Basic Law and the Constitution, national laws are not enforced in Hong Kong unless they are listed in Annex III and applied by local promulgation or legislation. When national laws are enacted locally by the Legislative Council , the local version adapts to the context of Hong Kong for
4410-609: The Operations Department members of ICAC are trained to use firearms, most of them are not armed. However, officers are required to go to the range for their continuous training and annual examination. There are also investigators, namely the Arms Issued Officers (AIOs) of the Witness Protection and Firearms Section (R4), who are solely the members who have the permit to use firearms. They are now mostly trained in
4508-426: The People's Liberation Army and crimes involving national security. In May 2020, the National People's Congress announced that the NPCSC would enact a national security law tailored for Hong Kong in response to the 2019–20 Hong Kong protests . The law was added to Annex III and promulgated without being passed in the Legislative Council. National laws can be applied if they only affect an area in Hong Kong. In 2018,
4606-601: The People's Republic of China . As Hong Kong recovered after World War II, the population began to swell and manufacturing industries grew. By the 1960s Hong Kong was experiencing economic growth, yet the government kept civil servants' salaries very low. Officials in all departments took advantage of their positions to supplement their wages with demands for "tea money," "lucky money," or substantially larger sums. Examples of corruption ranged from nursing sisters demanding money to provide services such as extra blankets, food or to allow visitors outside normal hours; firemen lived by
4704-417: The authority to arrest, search, and seize property. In addition, the ICAC works on preventing corruption by reviewing and improving systems and procedures in government departments, public bodies, and private organizations, while also offering advice and assistance in implementing effective anti-corruption measures. The ICAC also engages in public education and awareness campaigns to raise ethical standards in
4802-425: The banking sector was the most significant and affected many banking officers. It also revealed that the issue of corruption was deeply-rooted in this sector, even in some major banks. The corruption problems were kept in silence and being ignored. Besides, after the report of corruption cases, the management team in the sector started to internalise and execute rules and policies in combating the corruption which turned
4900-635: The big purges of the 1970s, many thought that the ICAC would take a reduced role in society, but despite the fact that their main job was done their influence remained pervasive. Short of voluminous numbers of dramatic cases many ICAC officers left Hong Kong, others remained to enjoy a less taxing life. However, in 1993 their deputy director of Operations Alex Tsui Ka-kit was suddenly sacked by Governor Chris Patten , who stated that he had "lost confidence" in Tsui—a euphemism that strong evidence of corruption or significant wrongdoing existed. The "Alex Tsui Affair" caused
4998-467: The central government, theft of state secrets and foreign organisations from conducting political activities in Hong Kong. In 2003, the Hong Kong government tabled the National Security (Legislative Provisions) Bill 2003 , which triggered widespread protest . The proposed legislation gave more power to the police, such as not requiring a search warrant to search the home of a suspected terrorist. After
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#17328408172785096-527: The colony, then used his police airport pass to bypass Immigration and Passport checks and walked onto a plane for London . Godber's escape led to a large public outcry over the integrity and quality of the police's self-investigation and called for reforms in the government's anti-corruption efforts. Godber was later extradited back to Hong Kong to face trial and was convicted. Singapore's approach in fighting corruption by relying on an Anti-Corruption Agency (ACA) via Corrupt Practices Investigation Bureau (CPIB)
5194-636: The commission with the ICAC Investigators family of miniseries being based on actual ICAC cases and made with the full co-operation of the ICAC as part of its community education work. Hong Kong Basic Law High Court District Court Magistrates' Court Special courts and tribunals: Chief Executive Elections Legislative elections District council elections Consular missions in Hong Kong Hong Kong–China relations Hong Kong–Taiwan relations The Basic Law of
5292-517: The community and encourage the public to report corruption. The Article 57 of the Basic Law of Hong Kong stipulates that the ICAC shall operate independently and be directly accountable to the Chief Executive of Hong Kong. By the Article 48, the Commissioner of the ICAC, being as a principal official of Hong Kong , is nominated by the Chief Executive of Hong Kong and appointed by the State Council of
5390-495: The course of adjudication and by the Standing Committee of the National People's Congress (NPCSC). As of 7 November 2016, the NPCSC has interpreted the Basic Law on five occasions: Of the five interpretations to date, only one interpretation was sought by the Hong Kong Court of Final Appeal (CFA). The interpretation was requested in the 2011 case of Democratic Republic of Congo v FG Hemisphere Associates LLC and it concerned
5488-565: The demonstrations and the withdrawal by the Liberal Party of their support for the bill, the government shelved the bill indefinitely. The rights of Hong Kong residents are guaranteed by chapter 3 of the Basic Law. Article 39 also applies provisions of the International Covenant on Civil and Political Rights (ICCPR), the International Covenant on Economic, Social and Cultural Rights (ICESCR), and international labour conventions that
5586-563: The election of the chairperson of the Legislative Council House Committee. Pro-democratic legislators said the offices violated Article 22 by commenting on the election of a chairperson in the local legislature. In response, the Liaison Office said both itself and the Hong Kong and Macao Affairs Office are not subject to Article 22 because they were authorised by central authorities to specialize in handling Hong Kong affairs and not what are commonly meant by "departments under
5684-421: The embarrassment caused by such non-co-operation with the government hierarchy. ICAC maintains a small specialised unit, namely the Witness Protection and Firearms Section (R4), which carry out high risk operations (such as pursuits and conducting house raids), forced entry, witness protection, and training of new recruits in basic firearms skills since 1998. To be the member of R4, investigators have to undergo
5782-412: The evidence collected by the ICAC through covert surveillance in a case involving a publicly listed company was questioned. While the judge ruled that covert surveillance carried out in this case was unconstitutional due to the absence of relevant legal procedures, the judge admitted the evidence as he found that the ICAC had conducted the operations in good faith. The defendants were convicted. To address
5880-432: The first chapter of the Basic Law. The NPCSC has identified Articles 1 and 12 as the fundamental provisions of the Basic Law. Article 1 declares Hong Kong as a part of the People's Republic of China, but it maintains legal and political systems distinct from those in mainland China until 2047. Hong Kong has a high degree of autonomy and maintains its own executive, legislative and judicial branches. Judicial power includes
5978-412: The image of ICAC. A year later at Christmas 1995, an ICAC assistant director—a well-known carouser—was arrested for drinking and driving . Following conviction he mysteriously avoided strong punishment and received only a "reprimand" from the Commissioner of the ICAC . On 31 October 2006, Fanny Law was appointed Commissioner of the ICAC. The unpopular Permanent Secretary for Education and Manpower
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#17328408172786076-489: The impartiality of the ICAC." Tong had recently been appointed delegate to the Chinese People's Political Consultative Conference when the scandal broke. Chief Secretary Carrie Lam admitted that the controversy surrounding the over-expenditures "inevitably undermined the ICAC's image and Hong Kong's reputation as a corruption-free society." Several high-level appointments since the transfer of sovereignty have brought
6174-493: The independence of the ICAC into question. Simon Peh , an Immigration Department bureaucrat, was appointed Commissioner in 2012. More importantly, in 2014, Maria Tam , former colonial loyalist who rapidly switched allegiance to Beijing after 1997, was named head of the Operations Review Committee – a key board that has power to question any decision of the ICAC and to drop any case. Further erosion of independence
6272-492: The jurisdiction of Hong Kong courts over acts of state, among other matters. The Government of Hong Kong sought two NPCSC interpretations on Basic Law provisions regarding the right of abode and the term of office of a new Chief Executive after his predecessor has resigned before the end of his term, in 1999 and 2005 respectively. The NPCSC had also interpreted the Basic Law twice on its own initiative, without being requested by any branch of government in Hong Kong. The first of
6370-616: The lack of legal procedures that govern covert surveillance by law enforcement agencies, as required by the Basic Law, the Legislative Council passed the Interception of Communication and Surveillance Ordinance (ICSO) in August 2006 to provide for such procedures. All covert surveillance operations of the ICAC are now carried out strictly in accordance with the ICSO, which applies to all law enforcement agencies in Hong Kong. An assistant ICAC investigator
6468-475: The late 1980s, the Acting Crown Prosecutor, Charles Warwick Reid, was arrested for taking bribes to throw trials. He was subsequently convicted. He did not take up his post as Director of New Zealand's new Serious Fraud Office. His eight-year sentence was reduced to six years when he turned informer. He spent his time in witness protection, the first three years in solitary confinement, and on his release
6566-500: The life of any resident shall be prohibited. In late 2015, five staff members of a bookshop selling books and magazines banned in mainland China disappeared (see Causeway Bay Books disappearances ). At least two of them disappeared while in mainland China , one while in Thailand . One member was last seen in Hong Kong, eventually reappearing in Shenzhen , across the Chinese border, without
6664-485: The national law to have full effect. The NPCSC has the power to amend legislation included in Annex III after consulting its Basic Law committee and the Hong Kong government. Laws in Annex III must be those related to foreign affairs, national defence or matters not within Hong Kong's autonomy. As of June 2020, Annex III includes laws on the designation of capital , national flag and anthem, territorial claims, nationality, diplomatic privileges and immunity, garrisoning of
6762-512: The necessary travel documents. While reaction to the October disappearances was muted, as unexplained disappearances and lengthy extrajudicial detentions are known to occur in mainland China, the unprecedented disappearance of a person from Hong Kong, and the bizarre events surrounding it, shocked the city and crystallised international concern over the possible abduction of Hong Kong citizens by Chinese public security bureau officials and their likely rendition , in violation of several articles of
6860-464: The official English version when discrepancies arise. Before interpreting the Basic Law, the NPCSC must consult its subcommittee, the Committee for the Basic Law of the Hong Kong Special Administrative Region. Hong Kong courts may also interpret the Basic Law when adjudicating cases, when the provisions addressed are within Hong Kong's autonomy. Hong Kong courts can also interpret provisions on matters
6958-780: The pleasure of the Crown , and the pleasure of the Crown that he may no longer hold it may be signified through the Secretary of State , in which case no special formalities are required." As a safeguard for this regulation, action must be taken by the Secretary of State for Foreign and Commonwealth Affairs in London after review by the Secretary of the Civil Service and the Attorney General for England and Wales . The highest authority would have been
7056-623: The power of final adjudication, which replaces the colonial judicial recourse of appealing to the Judicial Committee of the Privy Council in the United Kingdom with appeals to the Court of Final Appeal . The Hong Kong national security law incorporated into Annex III of the Basic Law overrides incompatible local ordinances and allows mainland Chinese courts to preside over cases that involve certain national security crimes. Article 5 requires that
7154-449: The power to review acts of the executive or legislature and declare them invalid if they are inconsistent with the Basic Law. The Chief Executive of Hong Kong can be selected by election or through consultations held locally and be appointed by the Central People's Government. The term of the chief executive after their predecessor resigns was a question that emerged after Tung Chee-hwa resigned on 10 March 2005. The legal community and
7252-494: The prevention into internal issues. This led to a decrease in reporting corruption cases afterwards. In preparation for transfer of Hong Kong's sovereignty in 1997, the National People's Congress of the People's Republic of China enacted the Hong Kong Basic Law in 1990, providing for the establishment of a "Commission Against Corruption." This anti-graft agency thus exists as a constitutionally sanctioned body. In 2005,
7350-448: The principle of keeping the expenditure within the limits of revenues in drawing up its budget. Whether pay-cuts for civil servants and having a deficit budget are allowed under the Basic Law had been raised. During the economic downturn after 1997, there was a growing fiscal deficit (and, in 2007/08 a record surplus). The government imposed a pay-cut on the Civil Service during the economic downturn, and then sharply increased salaries during
7448-423: The pro-democracy camp said the term of the new chief executive should be five years, according to Article 46 . However, the Hong Kong government, some Beijing figures and the pro-Beijing camp said that it should be the remaining term of the original Chief Executive, by a technicality in the Chinese version of the Basic Law, introducing the remaining term concept. The Hong Kong government sought an interpretation from
7546-401: The progress of investigations into his own case; the Chief Executive's Office rebutted the claim. For the private sector, the establishment of ICAC reorganised the corruption morale of the private sector which they started to alter the importance of integrity. ICAC also offered a channel for people to report on the corruption cases which led to an upsurge in corruption reports. The situation in
7644-626: The recovery. The Basic Law provides the Hong Kong government limited power to engage in international affairs. Under the name "Hong Kong, China", the Hong Kong government can enter into bilateral agreements with non-Chinese regions and international organisations related to certain fields, including commerce, trade, communications, culture, tourism and sports. As members of a Chinese delegation, government representatives can also engage in diplomatic negotiations and participate in international organisations and conferences that directly affect Hong Kong. The Basic Law can be interpreted by Hong Kong courts in
7742-431: The right and freedom to form and join trade unions, and to strike . The freedom of the person of Hong Kong residents shall be inviolable. No Hong Kong resident can be arbitrarily or unlawfully arrested, detained or imprisoned. Arbitrary or unlawful search of the body of any resident, deprivation or restriction of the freedom of the person are also prohibited. Torture of any resident and arbitrary or unlawful deprivation of
7840-405: The same term [REDACTED] This disambiguation page lists articles associated with the title ICAC . If an internal link led you here, you may wish to change the link to point directly to the intended article. Retrieved from " https://en.wikipedia.org/w/index.php?title=ICAC&oldid=1149516524 " Category : Disambiguation pages Hidden categories: Short description
7938-665: The saying, "冇錢，冇水" ("No money, no water") and sometimes asked for money to turn off the water, preventing water damage, once a fire had been put out; officials in Lands and Public Works departments secured huge sums of money for "advice" and "signatures" that procured the award of tenders and enabled developments and projects to proceed; the Royal Hong Kong Police organised entire stations to "make money" from hawkers, licences, and in many other illicit schemes. Civil servants often had to pay for promotions and postings in positions known for
8036-504: The socialist governance and economic system then practised in mainland China would not be extended to Hong Kong. Instead, Hong Kong would continue its capitalist system and way of life until 2047. The Basic Law also sets out the sources of law , the relationship between Hong Kong and the Central Government (State Council), the fundamental rights and duties of Hong Kong residents and the branches of local government. Shortly after
8134-472: The socialist system and policies to not be practised in Hong Kong and the capitalist system and way of life before the handover remain for 50 years after the handover, or 2047. The common law , rules of equity , ordinances, subsidiary legislation and customary law that govern certain land rights in the New Territories that were in force before the handover are maintained, except for any that contravene
8232-513: The spirit of the One Country, Two Systems policy, compromising the rule of law. The Basic Law also guarantees the welfare and benefits of civil servants. According to the Article 100 of the Basic Law, the civil servants may remain in employment with pay, allowances, benefits and conditions of service no less favourable than before the handover. Article 107 stated the SAR Government should follow
8330-664: The staff, and is responsible for all the high-profile busts. The person in charge of the Operations Department is appointed by the Chief Executive and not by the ICAC Commissioner. By custom and practice, the Head of Operations is usually bestowed the title of Deputy Commissioner. Currently headed by Ricky Yau Shu-chun, this department considers itself all powerful, and has apparently resisted all attempts to interfere with its investigations. The investigation into circulation fraud by Sally Aw at The Standard has been cited as an example of
8428-494: The trial be held in the mainland. Prominent authorities, such as Albert Chen , a professor, and Gladys Li , chairman of justice of the Hong Kong section of the International Commission of Jurists , feel that this situation has serious ramifications for judicial independence in Hong Kong. Permanent residents of the Hong Kong Special Administrative Region have the right to vote and stand for election in accordance with
8526-544: The two occurred in 2004, and concerned the amendment of the chief executive and the Legislative Council election methods for 2007 and 2008 respectively. The second was issued in November 2016 on the substantive requirements of lawful oaths and affirmations as stipulated in Article 104 of the Basic Law. As interpretations by the NPCSC are not retroactive, an interpretation on the Basic Law does not affect cases that have already been adjudicated. The basic principles for interpreting
8624-668: The use of, and issued, Glock 19 handguns as sidearms, though standard Glock 17 or the SIG P228 are also equipped, depend on the situation. The members of the Witness Protection and Firearms Section also carry an ASP expandable baton and a small pepper spray for less-lethal options for protection on the field. The ICAC uses a three-pronged approach to combating corruption: investigation, prevention, and community education. The most high profile of aspect of its work has been its investigative work, however as important if not more so has been its work in prevention and education. Prevention wise
8722-411: The years. Complaints against police officers reduced by 70 percent—from 1,443 in 1974 to 446 in 2007. Nowadays, only three out of 10 complaints relate to public servants. Private sector cases meanwhile have been on the rise in recent years. The ICAC has stepped up efforts to help enterprises minimise corruption risks through system controls and staff training. (The statistics are provided by the ICAC.) In
8820-598: Was adopted by Hong Kong on 15 February 1974 after a study team of Hong Kong civil servants visited Singapore and Sri Lanka in 1968 to study their anti corruption laws. The newly formed Independent Commission Against Corruption would be answerable to only the Governor of Hong Kong , unlike the old police Anti-Corruption Branch. Most ICAC operations staff were sergeants recruited from specifically British police forces and were certainly not beyond sharp practices themselves. Their tactics and methods were often aggressive—they would go to
8918-589: Was adopted by the National People's Congress on 4 April 1990 and came into effect on 1 July 1997 after the handover of Hong Kong . It replaced Hong Kong's colonial constitution of the Letters Patent and the Royal Instructions . Drafted on the basis of the Joint Declaration, the Basic Law lays out the basic policies of China on Hong Kong, including the " one country, two systems " principle, such that
9016-456: Was determined on 26 April 2004, when the NPCSC ruled out the possibility as it deemed Hong Kong not mature enough for such elections. In 2014, the 31 August Decision by the NPCSC stated that starting from 2017, the selection of the Chief Executive may be implemented by universal suffrage upon nomination of candidates by a broadly representative committee and subject to appointment by the Central People's Government. It went on to state that such
9114-602: Was feared when Rebecca Li Bo-lan – a 30-year veteran graft-buster and the first female head of the ICAC investigative unit, appointed in June 2015 – was abruptly removed from her job in an unprecedented manner, and no explanation has been forthcoming from the ICAC. Pan-democratic politicians accused chief executive CY Leung of interfering because he is the subject of an anti-graft probe over a HK$ 50 million payment Leung received from Australian firm UGL . Democratic-camp legislators made allegations, citing internal ICAC sources, that Leung's office had been uncooperative and also impeding
9212-526: Was frequently associated with "illegal markets" or "victimless crimes" such as gambling, prostitution and drugs. Thus, the decision to legalise off-course betting in Hong Kong—a previously rich source of police bribes—may plausibly have contributed to the fall in police corruption. The investigative, preventive, and educational activities of the ICAC no doubt also had some impact but were not solely or even largely responsible for reducing police corruption. After
9310-719: Was in force in Hong Kong before the handover. While the most parts of the ICCPR is ratified as the Hong Kong Bill of Rights Ordinance in largely identical language, no equivalent legislation was made to implement the ICESCR. Hong Kong residents are equal before the law. Hong Kong residents have, among other things, freedom of speech , freedom of the press and of publication; freedom of association , freedom of assembly , freedom of procession, of demonstration, of communication, of movement, of conscience, of religious belief, and of marriage; and
9408-399: Was jailed for nine months on 4 April 2003 for lying in a court trial, to conceal the fact that he had threatened a suspect to co-operate with a probe by ICAC. So far, this is the only case of such a nature in ICAC history. The independence of the organisation is assured by its three pillars – Head of Operations, the Commissioner and Operations Review Committee (ORC). The Operations Department
9506-562: Was returned to his native New Zealand . Within a couple of days he had made a false affidavit for a Chinese businessman standing trial in Hong Kong. The Hong Kong authorities wanted him extradited, but he was instead tried in New Zealand and sentenced to two years. He, his wife and his solicitor became the defendants in a landmark Privy Council case on tracing bribe money in 1993, when the Attorney-General of Hong Kong sought to obtain unpaid fines of $ 12,000,000 by claims on land Reid bought in
9604-452: Was seen as being weak on security-related issues. In addition, as Law's and former Commissioner Raymond Wong 's appointments were a direct swap, the government was derided by the Civic Party and Liberal Party for belittling an important position by playing " musical chairs ." Law was not perceived to be at the end of her civil service career, while the post of Commissioner was traditionally
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