Learn mandarin - ICAC has law, people on its side

Opinion / Liang Hongfu

ICAC has law, people on its side
By Hong Liang (China Daily)
Updated: 2006-08-15 06:33

The Independent Commission Against Corruption, or ICAC, is one of the
most revered institutions in Hong Kong. Its record of combating
corruption, which was at one time the curse of Hong Kong, has been well
documented and widely studied by law enforcement agencies in various
other jurisdictions, including the mainland.

Much of the ICAC's success has been attributed to its "independent"
structure, a highly disciplined operating procedure and the
professionalism and dedication of its officers. All these are, no doubt,
true.

But many commentators, including some of the most ardent admirers of the
ICAC, have glossed over the most important underlying factor that has
made it possible for an organization entrusted with such wide-ranging
power to have won so much public support. That factor is the rule of law.

When the ICAC was established in the 1970s, there were worries in Hong
Kong that it could morph into a secret police force accountable only to
the supreme ruler. Such concerns could not be ruled out in a regime
characterized by the rule of man.

But this is not the case in Hong Kong. The independent judiciary has
always been trusted and respected by the people of Hong Kong because it
is seen to be dispensing justice fairly and equitably without undue
delays.

Just as important is that the people in Hong Kong have taken for granted
that their government will always rule in accordance with long
established procedures and within the boundaries prescribed by the law.
Such trust in the government stems not only from the record of the
bureaucracy but also from the knowledge that a common citizen of Hong
Kong has the right to sue the government in an impartial court. This
point was driven home last year when an elderly woman of meagre means
successfully blocked the government's initial attempt to sell securities
backed by the commercial space in some public housing estates.

The people in Hong Kong have confidence in the ICAC because they trust
the government and the courts. In a different social and political
environment, the ICAC could have met great obstructions in discharging
its duties. Or worse, it could have been turned into a sinister dark
force of oppression rather than a dependable white knight of deliverance.

Law enforcement experts agree that corruption is among the most difficult
crimes to detect. For that reason, the ICAC has dedicated great efforts
to encouraging Hong Kongers to come forward and report suspected corrupt
practices. Many people are known to have responded to the ICAC's call.

Admirers of the ICAC believe that the success of this informant programme
is due mainly to the ICAC's promise of utmost confidentiality. Of course,
that itself is a reflection of the ICAC's credibility. But what it
represents is not just the integrity of the ICAC but, more importantly,
the prevalence of the rule of law in Hong Kong.

Let's just think: If the people of Hong Kong did not have confidence in
the accountability of the government and the incorruptibility of the
judiciary, would they have trusted the words of the ICAC? The answer, I
believe, is no.

To be sure, there were instances when the government was widely seen to
have acted in ways that were considered controversial and it is possible
that corruption in the civil service and among officers of the law has
not been entirely eliminated. Although some government actions were
contested in court, nobody is suggesting that the government has ever
made a deliberate attempt to over-reach its legal power. What's more,
systemic corruption in Hong Kong has largely been stamped out.

But the importance of the ICAC as a potent deterrent against corruption
is becoming even more relevant as the Hong Kong economy becomes
increasingly intertwined with that of the mainland. To secure a pivotal
role in the economic development of the mainland, Hong Kong must do its
utmost in achieving the highest international standard of integrity as a
financial centre with global reach.

The government has introduced various measures, including the tightening
of the disclosure requirements and the revamping of listing rules, to
better regulate and supervise the capital market. It is in the process of
drafting a fair trade law to ensure a level playing field for all
businesses.

The banking ordinance of Hong Kong is among the tightest and most
comprehensive in the world and the supervision of banks is entrusted to
the highly trained and experienced examiners at the Monetary Authority of
Hong Kong under the leadership of Joseph Yam, one of the most respected
central bankers in the region. (Mr Yam's cogent essays, published in the
MAHK's website, are a must-read for serious students of the Hong Kong
economy.)

It is the duty of the ICAC to ensure that this framework, which defines
the future of the Hong Kong economy, will not be eaten away by the
termites of corruption. It has the people and the law on its side.

Email: jamesleung@chinadaily.com.cn

(China Daily 08/15/2006 page4)

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