Current Affairs Board 3

Scandals of Former Commissioner of ICAC:

Timothy Tong arlier media reports revealed numerous scandals involving Timothy Tong Hin-Ming, former

Commissioner of the Independent Commission Against Corruption (ICAC). These scandals

include excessive expenditure of public funds for the purposes of hosting luxurious banquets

for mainland Chinese officials attending official activities with the presence of his girlfriend

and using public funds for gift expenses, all of which occurred during Tong’s public tenure. It was

revealed that the ICAC held two banquets for officials from the Chinese Government, where the

expenditure rocketed to approximately HK$1,200 per head, which was far more than the maximum

allowance sum of HK$450 per head as stipulated in ICAC Ordinance Standing Orders even though

the expenses were approved by Tong beforehand. Yet, in reality, even if the per-head expenditure

for dinner exceeds the originally stipulated sum in ICAC’s Standing Orders, it will not be regarded as

a violation provided that the Commissioner approves the expenditure. As the Commissioner also

attended both banquets, it would seem that approving the expenditure himself could be considered

as a conflict of interest. On top of them, the ICAC has revealed a list of gifts Tong gave out during his

tenure. The list revealed a total of 4 gifts, with the accumulated value of approximately HK$8000,

which were given out by Tong to Cao Jianming from 2010 to 2011. It was also revealed that the ICAC

served more than 20 bottles of expensive liquor in those banquets. Such behaviour has indeed

raised public eyebrows.

he Department of Justice and ICAC have simultaneously released press statements in mid-May

two weeks after the scandals were revealed. The press statements indicated the follow-up

procedures in handling the issues concerning expenditure in Tong’s term of office.

References:

1. Department of Justice - ICAC to conduct criminal investigation against its

former Commissioner

http://www.doj.gov.hk/eng/public/pr/20130514_pr.html

2. ICAC - ICAC Statement

http://www.icac.org.hk/en/news_and_events/pr2/index_uid_1420.html

E

T

Should the ICAC conduct its own investigations?

Should Shouldn’t

The ICAC is an authoritative body which has the power to investigate complaints of such

nature with its officers possessing knowledge, expertise and experience.

Lam Cheuk-ting,

Chief Executive of

the Democratic

Party and a former

ICAC investigator,

criticised that an

internal

investigation

within ICAC is

‘unprecedented’,

dragging along

concerns of any

bias being held

during the

investigations.

There is no allegation of any involvement of current Commissioner, Simon Peh Yun Lu in

these scandals. It is trusted that he can lead the investigations in a well-handled manner.

Tony Kwok Man-wai, former Deputy Commissioner of ICAC, reinstated that there was no

direct relationship between Peh and Tong. The investigations will be conducted in an

impartial manner under the leadership of Peh.

Investigators are selected on three conditions: firstly, they must not have attended any

events or activities organised by Tong; secondly, there must not be any direct or indirect

links and relationships between Tong and the investigators concerned apart from official

relationships as ICAC officers; Lastly, those who are qualified to investigate should not

involve in any conflicts of interest in anyhow.

Conclusion: ith regards to peculiar facts that the investigations concern a former Commissioner of the

ICAC which involve current ICAC officials, many of whom are highly-ranked at the heart of

the authoritative body, the current Commissioner, Simon Peh, must ensure that his team conducts

the investigations in a manner where the public is convinced that justice is observed and achieved.

There is an incentive for the investigation team to increase the transparency of the proceedings and

to release any outcome of the investigations promptly. Success in conducting the investigations in

an impartial, unbiased and lawful manner can reverse the current crisis and further enhance ICAC’s

image as an impartial institution and a guardian of Hong Kong’s core values.

References: 香港廉署查湯顯明案將詢問百位証人 重建公信力 (Chinese)

http://big5.chinanews.com:89/ga/2013/05-21/4838305.shtml

W

Should the Public Accounts Committee, Select Committee or

Committee of the Chief Executive investigate the matter? Public Accounts

Committee (PAC)

Select Committee Committee of the Chief

Executive (CE)

Introduction One committee at

Legislative Council

(LegCo) to consider

reports of the

Director of Audit

on the accounts

and results of

audits of the

Government.

A committee that can be established by

the LegCo for a particular issue under

Legislative Council (Power and

Privileges) Ordinance (Cap. 382) (hereby

referred to as PPO).

The Chief Executive may

establish a Committee at his

discretion based on necessity out

of the surrounding

circumstances.

Power The Committee

may invite

government

officials or

high-ranked

officials of public

organisations to

attend public

hearings, provide

explanations,

evidence or

information in

relation to the

issue concerned.

The Committee

may also invite any

other persons to

provide assistance

concerning the

information

disclosed at the

hearings.

The Selection Committee may summon

relevant persons to the Committee to

give testimonies or to submit any

relevant documents in order to assist

Members of LegCo to evaluate the level

of power the Committee may exercise in

relation to the issue concerned.

According to Section 20 of the Rules of

Procedure of the LegCo of the HKSAR

(Amended to 22 March 2013), if a

Member presents a petition to the

Council, and such petition is supported

by not less than 20 Members after being

called upon by the President, the

President will refer the petition to the

Select Committee.

The petition regarding the

commencement of investigations on

Timothy Tong scandals has gained

support from 25 Members, and is then

referred to the Select Committee. This

referral of the petition is the first of its

kind throughout the history of the Hong

Among the committees

established by the CE in the past,

the most authoritative

committee was vested with

power under Commissions of

Inquiry Ordinance (hereby

referred as CIO). The Committee

had the power to summon

relevant persons in order to

testify or reveal any relevant

details or information, all for the

purpose of investigating issues

concerning operations and

management of public

organisations, or the behaviours

exhibited by any government

officials, or any matter where the

public is directly relevant and

concerned at the Committee’s

opinion.

Kong legislature.

However, given the fact that the Select

Committee is not formulated in

accordance to the PPO, there vests no

power on the current Select Committee

to call upon witnesses for extraction of

information.

Scope of

Investigation

Determined in

accordance to

reports by the

Audit Commission.

Determined by Members of LegCo. Determined by the Chief

Executive.

Timothy

Tong

Scandals

Since the relevant

expenses as

alleged in the

scandals were not

mentioned in the

report, the PAC will

have no power to

conduct any

follow-up

investigations. The

President of the

PAC has publicly

stated that the PAC

would only

investigate the

excessive expenses

of the two

banquets.

It would seem that the most appropriate

method is to exercise the powers under

PPO. However, it would seem difficult to

execute PPO under the influence of

LegCo by pro-Beijing members.

If Tong is subpoenaed to LegCo, he will

be protected by LegCo and PPO

privileges. Any comments made during

the subpoena bears no legal liability.

Any person relevant to this issue

would not be obliged to attend

any hearing by the Committee if

the CE does not establish the

Committee under CIO.

The Independent Review

Committee on ICAC’s Regulatory

Systems and Procedures for

handling Official Entertainment,

Gifts and Duty Visits, as recently

established by CY Leung, is not

established according to the CIO.

CY Leung has clarified that the

terms of reference of the

Committee to be the review

ICAC’s regulatory systems and

procedures in handling expenses

on official entertainment and

duty visits. Any specific

investigation on Timothy Tong

performing misconduct in public

office is not within the scope of

jurisdiction of the Committee.

Reference: 郭榮鏗﹕該如何追查湯顯明？ — 用帳委會、專責委員會還是特首的委員會？

http://news.sina.com.hk/news/20130521/-6-2973895/1.html

Related Commentary:

Commen

tor

Topic Link Summary

1

Ng

Chi-sum

獨立調

查才能

挽回廉

署公信

(Chines

e)

http://goo.gl/TtkN

X

The Chief Executive has established a committee to prevent the

establishment of an independent evaluation committee which

is led by Justice. However, such independent committee led by

Justice is essential to uphold the core values of Hong Kong –

uprightness, honesty as well as the need to reveal the truth.

Only independent investigation can restore the credibility of

ICAC.

2 Liang

Wen-dao

羅馬、

長安、

香港

(Chines

e)

http://www.comm

entshk.com/2013/

05/blog-post_12.ht

ml

The idea of ‘core values in Hong Kong’ has emerged in the

1980s, but it seems that the ICAC has not withdrawn from this

important mission even though this notion receives the

greatest public attention. On the other hand, the Police has

introduced some novel terms when dealing with the Tong

scandals which confuse the general public. It seems that the

legend of Hong Kong in safeguarding its core values has merely

been sustained for 30 years with minimum awareness by the

general public. The public seems to be gradually unconscious of

the destruction of core values.

3 Leung

Mei-yee

政府不

敢捅馬

蜂窩

(Chines

e)

http://goo.gl/0Cibz

The reason of the refusal to establish the legally recognised

Independent Review Committee under the CIO is to abolish any

impression that the government officials work intimately with

Chinese officials, which may lead to a loss of confidence

towards what is remained in the integrity of ‘One Country Two

Systems’.

4 Dr Ray

Yep

捍衛廉

署的尊

嚴 刻

不容緩

(Chines

e)

http://news.sina.co

m.hk/news/20130

503/-6-2959142/1.

html

Greater interaction and cooperation between Mainland China

and Hong Kong prompted greater first-hand experiences for

the public on corruption in China. A reasonable man would

loathe such behaviour, yet beneath his thoughts, it is possible

that where corrupt practices in the Mainland may affect the

dynamism of corruption in Hong Kong. Recent corruption cases

within the Government have already raised public eyebrows in

regards to the morals and ethics of our officials. It would seem

that Tong has completely betrayed the public by failing to take

responsibility to safeguard clean core, social values within the

ICAC, and has breached the trust the public rests on the

organisation.

If we lost our confidence for the ICAC, the amount of trust and

confidence vested on the administrative systems by the public

will diminish with serious consequences. Therefore, what is

needed is a series of investigations by the government with

precise clarification of the entire issue disclosed to the public.

The clarification should clearly list out the persons responsible

of the scandals, and evaluate then correct any flaws that exist

in the current system. In this way, public confidence on the

ICAC can be restored lest its integrity is tarnished.

5 Tsang

Chi-ho

信任大

崩潰

(Chines

e)

http://goo.gl/2Kf0R

The scandals resulted into a breakdown in the reputation of the

ICAC, the peculiarity of which is the serious doubt by the

people on how lawful ICAC has been acting. Anti-corruption

activities in the Mainland may degenerate to a tool for political

struggle, resulting into a deficit in credibility.

6 Chan

Chi-kit

擇善固

執方為

禮

(Chines

e)

http://goo.gl/nwq

W9

Reports showed that Carrie Lam, the Chief Secretary demanded

the ICAC not to give any gifts to other relevant organisations in

any future interactions. In my opinion, this seems unnecessary:

as long as the Hong Kong Government keeps all of its actions

clean and lawful with accordance to all regulations and

procedures, then it seems appropriate to disregard shameful

influence of corruption by the mainland officials. If the

conditions of any cooperation between Hong Kong and the

Mainland include the subjection by the SAR Government to

delve deeper into the ugly politics of the Mainland, it seems

that the objective of Hong Kong to strive for greater national

development in the mainland is severely undermined.

7 Poon

Siu-to

湯顯明

用吃喝

換得中

國公

職？

(Chines

e)

http://goo.gl/CnLSJ

It seems that the Chinese Government, in its endeavour to

retain control of disciplinary forces, does not choose to appoint

Tong as Commissioner behind the scenes merely for his

determination to combat corruption. After all, the fact that

Tong was appointed in the ICAC reflected a limitation on his

proficiency as a professional. However, since the People’s

Liberation Army are withheld from exercising its jurisdiction in

Hong Kong’s daily matters, Beijing can only rely on Hong Kong’s

disciplinary forces in order to assert control over the territory.

After all, the Chinese Government demands loyalty from

disciplinary forces. Hence, since the handover, the Mainland

has been heavily relying on high-ranked officials in disciplinary

forces to represent Beijing at the Hong Kong stage. After

officials from the Security Bureau and the Immigration

Department retired, these governmental officers who are

favoured by Beijing are either promoted to higher offices, or

become an integral part of the pro-Beijing camp (e.g. Regina

Ip), or granted with offices as representatives at the National

People’s Congress (e.g. Ambrose Lee) or members of the

National Committee of CPPCC (e.g. Timothy Tong). The

frequent interactions and clear communication channels

between Tong, Beijing officials and the Liaison Office has

signaled not only private relationships of interest, but also

permeation or even intervention by the Mainland into the

administration of disciplinary forces.