XN000022-1994-04-21 — Page 16

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THURSDAY, APRIL 21, 1994

ACTUALLY WITH REGARD TO THE HEARING ON MR TSUI, IT HAS JUST COMMENCED AND MEMBERS OF THIS COUNCIL HAVEN'T ACTUALLY ASKED QUESTIONS ΤΟ MR TSUI AND ON VARIOUS OCCASIONS THE GOVERNMENT HAS ALREADY BEEN SAYING THAT LEGCO HAS BEEN DEVIATING FROM THE ORIGINAL POSITION. I WOULD LIKE TO KNOW WHETHER THAT IS A PREMATURE CONCLUSION, WHETHER IT'S FAIR TO LEGCO?

IF

WE HAVE AN ICAC THAT IS ABOVE LEGCO, AN ICAC THAT HAS OVER THE WORK OF THE SPECIAL BRANCH AND ACTUALLY IS ABOVE LEGCO. IS IT REALLY GOING TO BE HEALTHY TO HONG KONG WITH REGARD ΤΟ CORRUPTION FIGHTING?

+

GOVERNOR: WELL LIFE'S A COMPLICATED OLD BUSINESS AND IT'S MUCH MORE COMPLICATED AND DIFFICULT WHEN ONE GETS ATTACKED OR CRITICISED FOR THINGS ONE DIDN'T SAY RATHER THAN FOR THINGS ONE DID SAY.

I INVITE THE HONOURABLE MEMBER TO LOOK AT WHAT I ACTUALLY SAID. NOBODY IS SUGGESTING FOR ONE MOMENT THAT THE ICAC IS ABOVE THIS COUNCIL OR ABOVE THE EXECUTIVE, NOBODY IS SUGGESTING THAT IT SHOULDN'T BE ACCOUNTABLE. IT SHOULD BE ACCOUNTABLE. THAT'S WHY WE HAVE THE OPERATION REVIEWS COMMITTEE WHICH HAS I THINK EIGHT OUT OF TWELVE MEMBERS FROM OUTSIDE THE ADMINISTRATION, THAT'S WHY I'VE SET REVIEW COMMITTEE TO SEE, INCLUDING I THINK TWO MEMBERS COUNCIL, TO SEE WHETHER IN THEIR VIEW THE ACCOUNTABILITY AS THE ACCOUNTABILITY OF THE COUNCIL HAS TO BE ENHANCED AND ITS FUNCTIONS LOOKED AT. THOSE ARE BOTH PERFECTLY PROPER WAYS OF TRYING TO ENSURE THE ACCOUNTABILITY OF THE ICAC.

UP THE OF THIS WELL WELL AS

ALL I SAID IS THAT IN LOOKING AT THE ICAC'S FUNCTIONS, IN CONSIDERING THE QUESTION OF ACCOUNTABILITY, EVERYONE HAS TO BE VERY CAREFUL IN THE WAY THEY GO ABOUT THESE MATTERS. JUST LET ME MAKE TWO PERFECTLY OBVIOUS POINTS TO THE HONOURABLE MEMBER. NEXT TIME, IF THERE IS A NEXT TIME, THAT MANAGEMENT IN THE ICAC HAVE AN EMPLOYEE WHO THEY THINK FOR A VARIETY OF REASONS SHOULD BE DISMISSED, WHAT CONCLUSIONS AFTER THE LAST FEW WEEKS DOES ONE EXPECT THEM TO COME TO? DO THEY CONCLUDE THAT IT'S A RISK FREE ENTERPRISE, DOING WHAT IS BEST FOR THE MANAGEMENT OF THE ICAC, OR DO THEY CONCLUDE THAT IF THEY TRY TO DO WHAT IS BEST IN PERSONNEL TERMS FOR THE TOAC AND IT'S ADMINISTRATION, IT'S GOING TO LEAD TO THE SORT OF UNFOUNDED ALLEGATIONS THAT HAVE BEEN POURING OUT AND I GUESS WILL PROBABLY CONTINUE TO POUR OUT OVER THE LAST FEW WEEKS? I WONDER, I WONDER WHAT SIR JACK CATER OR ANY OF THOSE WHO FOUNDED THE ICAC AND MADE IT SUCH A VIGOROUS OPPONENT OF CORRUPTION WOULD HAVE THOUGHT IF THEIR TO MANAGE THE INSTITUTION HAD BEEN AFFECTED IN THAT WAY.

ABILITY

/IT'S ALSO