Rule of Law, Anti-Corruption Work
and Independent Judiciary
Presented by Mr Simon YL PEH
Commissioner
Independent Commission Against Corruption
Hong Kong Special Administrative Region, China
1
Rule of Law in Hong Kong
• a credible legal and judicial system
ICAC
conducts investigation
Department of Justice
advises on prosecution
2
Rule of Law in Hong Kong
• justice administered by unbiased judges
• the courts to be independent of the Government
Executive arm
3
Rule of Law in Hong Kong
• Hong Kong has retained its
common law system in accordance
with the Basic Law after 1997
4
Rule of Law in Hong Kong
• cornerstone of Kong Kong’s success as a leading
international commercial and financial centre
• providing a secure environment for individuals and
organisations and a level playing field for businesses
5
The Judiciary in Hong Kong
• an independent and effective judicial system
• judicial independence is guaranteed on a constitutional
level
• open and transparent
6
The Judiciary in Hong Kong
2012-13 Rule of Law Index Scores and Rankings
*where 1 signifies the highest score and 0 signifies the lowest score.
• The absence of judicial staff abusing their public office for
private gain is a measuring sub-factor
7
The Judiciary in Hong Kong
Judicial Independence
• Hong Kong ranked 4th out of 148 economies
in the indicator of Judicial Independence
World Economic Forum’s
2013 Global Competitiveness Index
8
The Judiciary in Hong Kong
Judicial Independence
• corruption complaints against the Judiciary are few and
seldom involve judges
• most allegations against judges were about their judicial
decision in civil cases
• all complaints against judges are handled by Chief Justice
9
Corruption Situation in HK
• significant drop in corruption complaints in first 10
months of 2013
• public concern about corruption situation
• corruption remains well-under control
• cases of public-private collusion are very rare
10
Corruption Situation in HK
Probity Efforts
Prevention
Publicity
Education
11
Corruption Situation in HK
status

background

position

• recent cases resulting in two prosecutions are
isolated cases
• ICAC always pursues every corruption case
impartially in strict accordance with the law
12
Corruption Situation in HK
impartiality
lawfulness
fairness
without fear or favour
13
Corruption Situation in HK
Overwhelming public support
99% say “ICAC deserves
our support” *
* ICAC Annual Survey 2012
14
Corruption Situation in HK
Low level of tolerance
10 = Total Tolerance
Mean Score of 0.8 *
0 = Total Rejection
* ICAC Annual Survey 2012
15
Corruption Situation in HK
Willingness to report corruption*
14.1%
1.6%
5.1%
Willing
79.2%
Not Willing
It Depends
Don't know/ No opinion
* ICAC Annual Survey 2012
16
Corruption Situation in HK
• 74% of the corruption complaints are
non-anonymous
• over 80% conviction rate
17
Corruption Situation in HK
Enhance competitiveness
• 7th most competitive places among 148
economies
•“corruption is the one of the least
problematic factor for doing business in
Hong Kong”
World Economic Forum’s
2013 Global Competitiveness Index
18
Corruption Situation in HK
Favourable factors for setting up regional
HQs or offices in Hong Kong
• corruption-free government
• rule of law
• independent judiciary
19
Challenges
– An International Perspective
Economic freedom of Hong Kong
• highest rating among 152 countries
and territories
Fraser Institute’s Economic Freedom of
the World: 2013 Annual Report
20
Challenges
– An International Perspective
Globalization and advancement in IT
• corruption increasingly trans-national and complex
• LEAs worldwide have to upgrade professional
capability and foster effective partnership
21
International Cooperation through
upholding the rule of law
• Mutual Legal Assistance in Criminal
Matters Ordinance of UNCAC
• close networking and cooperation
with members of the IAACA,
overseas and mainland China LEAs
22
International Cooperation through
upholding the rule of law
• collecting intelligence through electronic surveillance
and interception of communications
• specialised training in the lawful collection and
dissemination of evidence and information
23
Fighting Corruption Successfully
•
an independent, transparent
and impartial judicial system
•
transparency and accountability
in the public sector
24
Thank you
25