XN000022-1993-12-01 — Page 12

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WEDNESDAY, DECEMBER 1, 1993

ICAC SERVED BY SOUND MEN: CS

THE

BELIEVES

OF

ADMINISTRATION

APPOINTMENT

THAT

THE

OF

THE

FROM

HAD LEGISLATIVE

LOST

COMMISSIONER INDEPENDENT COMMISSION AGAINST CORRUPTION MUST NOT BE INHIBITED

HE THE

AN OFFICER IN WHOM TERMINATING CONFIDENCE, THE CHIEF SECRETARY, MRS ANSON CHAN, TOLD THE COUNCIL TODAY (WEDNESDAY),

LEGISLATURE

AFFECTING

THE

THE

MRS CHAN SAID WHILE THE EXECUTIVE SHOULD BE ACCOUNTABLE TO LEGISLATURE, IT COULD NOT BE RIGHT, IN HER VIEW, THAT THE

EXPLAIN SHOULD

THE EXECUTIVE TO APPOINTMENT, DISCIPLINE AND REMOVAL OF INDIVIDUAL OFFICERS.

REQUIRE

DECISIONS

LEGISLATIVE

THE

SHE WAS SPEAKING AT THE MOTION DEBATE UNDER THE

ON

INTO ENQUIRY COUNCIL

AND PRIVILEGES) ORDINANCE (POWERS CIRCUMSTANCES SURROUNDING THE TERMINATION OF THE EMPLOYMENT OF MR ALEX TSUI KA-KIT, SENIOR ASSISTANT DIRECTOR HOLDING THE DIRECTOR OPERATIONS OF THE ICAC.

**WE

POST OF DEPUTY

AGRER ΤΟ BELIEVE IN ACCOUNTABLE GOVERNMENT BUT WE CANNOT

A THE LEGISLATURE AND ITS PANELS EXERCISING THE JUDICIAL FUNCTIONS OF

TO

A DETERMINE

MATTER WHICH COURT

CLEARLY WITHIN THE IS RESPONSIBILITIES OF THE EXECUTIVE, SHE SAID,

THE COMMISSION

DISMISSAL ON 58 OCCASIONS.

tl

HAS SO FAR EXERCISED

THE POWER

OF SUMMARY

"AND OFFICERS CAN BE IN NO DOUBT THAT THE POWER

** SHE SAID. EXERCISED IF THE COMMISSIONER THINKS NECESSARY,

WILL

BE

THE CHIEF SECRETARY SAID ALL THESE DECISIONS HAD EXTREMELY SERIOUSLY BY THE COMMISSIONER.

BEEN TAKEN

THE SHE SAID THE STANDARDS OF CONDUCT IMPOSED UPON OFFICERS IN

AND THE DISCIPLINED

INCLUDING THE ICAC WERE MOST RIGOROUS SERVICES CONSEQUENCES OF ANY DEPARTURE FROM THOSE STANDARDS MAY INCLUDE SUMMARY DISMISSAL WITHOUT ASSIGNING ANY REASON.

THE

IF THEY TO LOSE

"WHEN OFFICERS JOIN THE ICAC THEY ARE MADE FULLY AWARE OF STANDARDS EXPECTED OF THEM AND OF THE FOSSIBLE CONSEQUENCES CONDUCT THEMSELVES IN A WAY WHICH CAUSES THE COMMISSIONER CONFIDENCE IN THEIR INTEGRITY OR WHICH MAY PREJUDICE THE OPERATIONS OF THE COMMISSION," MRS CHAN SAID.

HOWEVER, SHE SAID SHE WAS CONCERNED THAT THE RESPONSIBILITY FOR EXERCISING THE POWER OF

HEAVY BURDEN ON THE DISMISSAL PLACED A SHOULDERS OF THE COMMISSIONER ALONE TO BEAR.

"WE THEREFORE PROPOSE TO REVIEW THE DISCIPLINARY PROVISIONS AND THE PROCEDURES GOVERNING ICAC STAFF. IN THIS CONTEXT WE WILL CONSIDER NEED FOR ADDITIONAL SAFEGUARDS.

14

BE

SHOULD HAVE то MRS CHAN SAID IF THE MOTION WAS PASSED, SHE

WHETHER THE PUBLIC CONSIDER

CONSULTATION WITH THE COMMISSIONER

SHOULD INTEREST REQUIRED THAT SOME INFORMATION ON MR TSUI'S CASE WITHHELD FROM THE SECURITY PANEL.

/IN THOSE