The document provides background information on corruption and the establishment of the Independent Commission Against Corruption (ICAC) in Hong Kong. In 3 sentences: Corruption was rampant in Hong Kong in the 1960s-70s, with illegal gambling, drugs, and vice establishments widespread. This led to public outrage and calls for reform, culminating in the establishment of ICAC in 1974 to curb corruption through education, deterrence, and preventing loopholes. ICAC utilized new anti-bribery laws and investigative tactics to successfully investigate and prosecute corrupt officials and syndicates.

2. • Founder and Chairman, CK Cho Limited providing
frontline investigation services and due diligence
enquires. http://www.ckcho.com.hk
• President, Association of Certified Fraud Examiners,
Hong Kong Chapter (2008-2009)
http://www.hkacfe.com/
• Head Legal Research Management and Chief
Investigator, Operations Department ICAC Hong
Konghttp://www.icac.org.hk
• Co-author Practical Approach to Prevention and
Detection of Fraud.
2

4. Source: http://zh.wikipedia.org/wiki/File:Sir_Jack_Cater.jpg
Sir Jack Cater
1st ICAC
Commissioner
Lord Crawford
Murray
Maclehose of
Beoch

5. • It is never wise to overestimate
lawyers
• Lisa Scottoline

6. • In 1966 and 1967, there were two riots in Hong
• Kong, one related to the increase of fares by the Star
• Ferry and the other one was the result of the Cultural
• Revolution in the Mainland;
• The police played an important role in stabilizing
• and restoring law and order through forceful
• suppression and they became heroes in the eyes of
• the people after the riots.
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7. • This led to an expansion of powers
of the police who could stop and
search anyone who looked suspicious
to them;
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8. • Different vices started to flourish without police
intervention.
• These vices included illegal gambling, drug
trafficking and prostitution;
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Illegal off
course betting
stalls could be
found in
almost every
restaurants;
Dangerous drugs
were transacted at
the
street
corners;
Vice establishments such
as
“ hair salons”
“fish ball stalls”,
“music parlours” &
“massage parlours”
could be seen almost
everywhere.

9. 8
• Peter Godber Case
• Public Outcry and Demonstrations
• The Setting Up of Commission of
Inquiry
• Recommendations made by Sir
Alistair Blair-Kerr

10. Source: http://thm-a01.yimg.com/nimage/9b466ea002c30572
Yesterday….
When I was
young!
Peter Godber,
Former Chief
Superintendent of Police
CK
CHO

11. • Common Types of Corruption :
• Personalities - Officers at Senior Level;
• Syndicated Corruption - Large number
of officers collectively accept bribes
(Traffic Branch Conspiracy, Mongkok
Conspiracy); and
• General Corruption Cases - Individual
officers at lower level (day to day cases)
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• The Birth of the Independent Commission Against
Corruption (ICAC) – 15 Feb 1974
• The Three Pronged Attack Approach:
(1) Public Education - Community Relations
Department;
(2) Deterrence - Operations Department; and
(3) Plugging loopholes – Corruption Prevention
Department

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Community Relations Department

14. Dealing with Personality Targets – the senior
officials and station sergeants – Section 10 cases;
Setting up special investigation groups to tackle
syndicated corruption; and
Carrying out daily operations on cases at junior
level and all fronts (driving examiners, postman,
hospital amahs).

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Teeth of the Tiger - Prevention of Bribery Ordinance:

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18. S. 10 (1) (a) any person who being or having
been a prescribed officer
(formerly known as Crown
servant) maintains a standard of
living above his present or past
official emoluments; or
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19. S. 10 (b) in control of pecuniary
resources or
property disproportionate to his
present or past official emoluments
must give a satisfactory explanation
to the court.
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20. • Under Common Law:
–Conspiracy to pervert the course of
public justice;
–(2) Misconduct in Public Office
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Promoting the
Concept of
Accountability
Setting up
Corruption
Prevention
Groups within
Government
Departments
Shift of
Ownership
of the
problem
Conducting Corruption
Prevention Assignments
for
Government
Departments and Public
Bodies
– to prevent corruption
procedurally
Distributing
Best
Practices
Packages
Setting Up the Advisory
Services Group to assist
the private sector

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• What is corruption?
• It is a white collar crime;
• A middle class crime;
• Offenders would calculate the risks and
gains before they commit the crime; and
• Offenders would think that they are
smarter than the others;
• Edwin H. Sutherland

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Legal Definition of Corruption:
Different places have different definitions.
In PRC, corruption means any officials who
have embezzled property belonging to the
nation. However, their definition of bribery is
similar to our law in Hong Kong.
Maximum Penalty - Capital Punishment
Offeror : Life Imprisonment ; Acceptor : Death

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Anti Bribery Law in Hong Kong :
1971 - Prevention of Bribery Ordinance, Cap. 201
1948 - Prevention of Corruption Ordinance, Cap 215
1898 - Punishment of Misdemeanor Ordinance

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Prevention of Bribery Ordinance:

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27. Bribery of Public Servant –
S.4, Prevention of Bribery
Ordinance

28. 28
Any Public Servant In HK or elsewhere Any person
Solicits/ Accepts Any Advantage Offers
W/o Lawful authority or Reasonable excuse
That public servant
To Any Public Servant
Inducement Reward for Otherwise on a/c of
(a)
-Performing
-Abstaining from
performing
-Having performed
-Abstained from
performing
Any act in his
capacity
as a public servant
(b)
-Expediting, having
expedited
-Delaying, having delayed
-Hindering, having hindered
-Preventing, having
prevented
Performance of an act in
the
Capacity of a public servant
or another
(c)
-Assisting, having assisted
-Favouring, having
favoured
-Hindering, having
hindered
-Delaying, having delayed
Any person
any person in the
transaction of any
business with a public
body

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Any person Any Agent
W/o lawful authority or reasonable excuse
Offers any advantage Solicits/ accepts any advantage
Inducement Otherwise on accountReward for
Doing/Forbearing
Having
Done/Forborne
- showing or forbearing to show
- having shown or forborne to show
 Any favour/ disfavour
To do any act
Any person in relation
To his principal’s affairs/ business

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• Key points to Success:
• Public Support;
• Check and Balance (Internal and
External)
• Advisory Committees;
• ICAC Complaints Committee;
• Free Press;
• Improvement of Civil Servants’
Conditions and Services.

33. • Live a good, honorable life.
• Then when you get older and think
back, you’ll be able to enjoy it a
second time.
---Dalai Lama’s 18 Rules for Living
Expanded

34. Source:http://www.scmp.com/sites/default/files/styles/980w/public/2013/05/09/326d15c259fdbca5
dc4e069b717280ec.jpg?itok=e3goZXeB
Tong Hin Ming:
Immedidate
past Chief of
ICAC

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Thank you!
Any Questions?