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Rule of Law, Anti-Corruption Work and Independent Judiciary

Rule of Law, Anti-Corruption Work and Independent Judiciary

Presented by Mr Simon YL PEH Commissioner

Independent Commission Against CorruptionHong Kong Special Administrative Region, China

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Rule of Law in Hong KongRule of Law in Hong Kong

• a credible legal and judicial system

ICAC conducts investigation

Department of Justice advises on prosecution

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Rule of Law in Hong KongRule of Law in Hong Kong

• justice administered by unbiased judges

• the courts to be independent of the Government Executive arm

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Rule of Law in Hong KongRule of Law in Hong Kong

• Hong Kong has retained its common law system in accordance with the Basic Law after 1997

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Rule of Law in Hong KongRule 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

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The Judiciary in Hong KongThe Judiciary in Hong Kong

• an independent and effective judicial system

• judicial independence is guaranteed on a constitutional level

• open and transparent

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The Judiciary in Hong KongThe 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

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The Judiciary in Hong KongThe 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

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The Judiciary in Hong KongThe 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

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Corruption Situation in HKCorruption 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

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Corruption Situation in HKCorruption Situation in HKProbity Efforts

Prevention

Education

Publicity

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• recent cases resulting in two prosecutions are isolated cases

• ICAC always pursues every corruption case impartially in strict accordance with the law

Corruption Situation in HKCorruption Situation in HK

status

background

position

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Corruption Situation in HKCorruption Situation in HK

lawfulness fairness

impartialityimpartiality

without fear or favourwithout fear or favour

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Corruption Situation in HKCorruption Situation in HK

Overwhelming public support

99% say “ICAC deserves our support” *

* ICAC Annual Survey 2012

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Corruption Situation in HKCorruption Situation in HK

Low level of tolerance

10 = Total Tolerance

0 = Total Rejection

Mean Score of 0.8 ** ICAC Annual Survey 2012

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Corruption Situation in HKCorruption Situation in HK

Willingness to report corruption*

* ICAC Annual Survey 2012

79.2%

14.1% 1.6%

5.1%

Willing

Not Willing

It Depends

Don't know/ No opinion

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Corruption Situation in HKCorruption Situation in HK

• 74% of the corruption complaints are non-anonymous

• over 80% conviction rate

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Corruption Situation in HKCorruption 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

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Corruption Situation in HKCorruption Situation in HK

Favourable factors for setting up regional HQs or offices in Hong Kong

• corruption-free government• rule of law• independent judiciary

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Challenges – An International PerspectiveChallenges – 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

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Challenges – An International PerspectiveChallenges – 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

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International Cooperation through upholding the rule of lawInternational 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

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International Cooperation through upholding the rule of lawInternational 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

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Fighting Corruption SuccessfullyFighting Corruption Successfully

• an independent, transparent and impartial judicial system

• transparency and accountability in the public sector

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Thank youThank you