GODE 18 - 77

OPA/10

Reference

SECRET AND PERSONAL

Mr JA B Stewart,

Hong Kong Department

HONG KONG

THE INDEPENDENT COMMISSION AGAINST CORRUPTION AND THE ROYAL HONG KONG POLICE FORCE

1.

During my biennial inspection from 20 November - 5 December 1976 of the Royal Hong Kong Police Force, on which I shall be reporting in detail shortly, I was able to examine the inter-relationship between the Force and ICAC and, in particular, the impact of the activities of ICAC on morale in the Folice Force.

2. In the course of my examination, I had formal discussions with the Commissioner of Police, the Deputy Commissioner of Police, Senior Police Officers and the Commissioner of ICAC, Mr J Cater. More importantly, I was afforded the opportunity, at my request, to meet members of the European Inspectorate and of the Chinese rank and file informally and, through my many private contacts in Hong Kong, met many members of Government Service and of the private sector unconnected with the Police Force.

3.

Reactions to the activities of ICAC were interesting and varied. Senior police officers were generally defensive on the subject, averring that they had learned to live with the organisation, gave it their full support and that it had no adverse effect on police

morale.

4. Members of the European Inspectorate and certain junior Chinese officers whom I met informally were outspoken in their condemnation of the methods and procedures adopted by ICAC and categorically stated that they not only affected police morale but inhibited police operational effectiveness.

5. Members of the public were equally critical of the overriding powers and presence of ICAC which had undoubtedly acquired an inquisitorial and pervasive rôle in the community.

6. Cases were quoted to me of the "knock on the door" in the early hurs, of surveillance at all levels and of interrogative procedures which would not be tolerated in a democratic society elsewhere.

7. Junior police officers stated that Chinese detective staff were often reluctant to pursue a criminal enquiry for fear of being "fixed" through ICAC informants; certain members of the public stated that, such was their aversion and fear of the organisation, they would not rent a flat in a block where ICAC personnel resided.

c. A blatant case of gratuitous surveillance involved the "shadowing" by two Chinese ICAC operators of a Police Tactical Unit platoon on operational support duties in Kowloon District. When challenged by the Ilatoon Commander (an expatriate inspector) the ICAC agents proferred their warrant cards and then withdrew without explanation.

9. One particular aspect of ICAC procedures which would be intolerable in any free society is the arbitarary manner in which enquiries are conducted. Suspects can be required to attend for interrogation without being charged and placed under arrest if deemed to be uncooperative.

/10. Individual

SECRET AND PERSONAL

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