HONG KONG LEGISLATIVE COUNCIL 22 February 1989

香港立法局 一九八九年二月二十二日

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also cut across the work of the police to an extent which would be damaging to both the police force and the ICAC.

The ICAC is an independent government organization outside the Civil Service and I have consulted the commissioner about this matter. We believe that it would not be appropriate to transfer to the ICAC the responsibility for anti-triad law enforcement.

MRS. TU: Sir, would the Secretary for Security agree that triad demands for money from minibus operators, restaurant proprietors and hawkers to permit them to ply their trades are a particularly obnoxious and socially dangerous form of corruption? If the answer is "yes", would the Secretary explain why such triad activities are not investigated by the ICAC with the result that operators are complaining that there is no purpose in making complaints to the police?

SECRETARY FOR SECURITY: Sir, the answer is "yes". With regard to the first part of the question, of course, the ICAC does investigate complaints that are put to it. But these complaints have to relate to offences under the three Ordinances under which the ICAC operates for the ICAC to be able to take any action. If it does take action they must, of course, relate to an offence under those Ordinances and the triad element becomes incidental. If the report received by the ICAC is not an apparent offence under one of its three Ordinances the matter is referred to the police. It is, of course, then up to the police to conduct the inquiries.

鄭德健議員問:政府可否告知本局,洗脱三合會會籍審裁處自成立以來,其成效如何?

HIS HONOUR THE PRESIDENT: That is outside the scope of the original question, Mr. CHENG. Would you like to put it down for some future meeting?

MRS. TU: Sir, the Secretary for Security said in his answer that primary responsibility for action against triads has always rested with the police. As it is generally believed by the public that triad activity is getting worse, would it not indicate that it is time we tried some other body instead of the police?

SECRETARY FOR SECURITY: Sir, the answer to that particular question is really the same to the question about transferring responsibilities to the ICAC.

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