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The ORC has been established to monitor the investigation work of the ICAC; to provide an independent and effective check on its operations and to give advice on, amongst other things, how these cases that on legal advice are not subject to prosecution or caution should be pursued. The majority of members of the ORC are from outside of the ICAC and the civil service. Reports prepared for the ORC contain full details of investigations by the ICAC together with the comments, views and The ICAC assessment, including legal advice, of the professionals concerned. operates on the basic principle of confidentiality and mutual trust. If confidentiality cannot be assured sources may be inhibited from providing information to the ICAC which would have an adverse effect on investigations. Furthermore, the information is provided to the ORC on a mutual trust basis. Any release of the information to third parties would undermine that trust and consequentially the effectiveness of the ORC in its monitoring role.
It is my view that to disclose a copy of the report, even in camera, would compromise the future operations of the ORC and ICAC in that the ICAC would feel unable to give its full and frank assessment on its investigations and the ORC would feel inhibited in giving its advice if it were not possible to ensure that such information will remain confidential. I might add that this is a view shared by the members of the ORC, most of whom, as I have said, are non-officials.
At a time when there are growing concerns in the community that endemic corruption might creep back into Hong Kong, it is in my opinion necessary in the public interest, including the proper functioning of and the maintenance of public confidence in the ICAC, for the report to be withheld from disclosure and production to the Select Committee or to any members thereof. Further I am satisfied that the disclosure of the report is not necessary to enable the Select Committee fairly to examine the circumstances of Mr Leung Ming-yin's departure or any directly related issues. The Select Committee has already been shown copies of the letter of the ICAC to me dated 8th May, 1996, and all relevant enclosures to that letter, apart from the report. Members of the Select Committee have also been permitted to watch the video-taped interviews of officers of the ICAC with Mr Leung Ming-yin, summaries of which are enclosed with the letter. Apart from the names of the various persons who are referred to in the video-taped interviews, which were edited from the tapes, and from the summaries, before they were shown to the Select Committee, the report contains nothing of a factual nature which has not already been disclosed to the Select Committee.
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