HKK 382/6
Mr Murray
ICAC OMBUDSMAN
CONFIDENTIAL
P.Ajols
Bu 15/5/77
vas
1. I discussed at length the problem of some review body over the operations of ICAC during my recent visit to Hong Kong. I had talks with the Governor, the Colonial Secretary, the Commissioner for ICAC, the Commissioner of Police and the Secretary for the Civil Service, followed by discussions at the Governor's Committee and a whole afternoon spent with the Secretary designate for the Civil Service, Commissioner for ICAC and the Director of Operations,
ICAC.
2. I spoke of my visit to 'A' Branch of the Metropolitan Police and described the procedures adopted by the Metropolitan. I handed over a copy of the Discipline Regulations for officers of the rank of Superintendent and up (like the Hong Kong Police, the Metropolitan until now has not had disciplinary regulations for senior (gazetted) officers). Mr Cater's view was that it would not be appropriate at this time to use the existing disciplinary procedure for non-gazetted officers of the Police as in his view corruption was so widespread through the RHKP that no disciplinary tribunal could be convened which would not probably have on it an officer himself guilty of corruption and probably susceptible to blackmail from the accused. He and the other authorities with whom I discussed the question were of the opinion that in those cases where there was not sufficient evidence to justify prosecution, there was no other possibility but the use of CR 59 to get rid of unsatisfactory elements from the Force.
3. We discussed at length how the operations of ICAC could be monitored in order to make sure that those investigated by ICAC could be assured of fair and decent treatment. What follows is a very compressed summary of wearisome discussions.
(a) Except in the most unusual cases, there is no possibility of actually clearing persons investigated by ICAC and against whom no future action is decided upon. In the first place, any announcement would necessarily be a publication of the fact that a person had been suspected of corruption and in the second I was told of three cases in the last two years where shortly after the end of an ICAC investigation, new evidence came to light resulting in a prosecution.
(b) The safeguards already available to persons investigated by ICAC were described to me. It was emphasized that an investigation was only launched by ICAC after the case had been discussed by the Operations Target Committee of the ICAC, a body with Unofficial Members. The evidence and their recommendation was then placed before the Attorney-General whose agreement was necessary before an investigation was
الحمرة
CONFIDENTIAL