113. There would be the same difficulty if the particular corrupt transaction involved a number of officers. Provided each was satisfied with his "cut", it would be impossible to persuade one of the group to testify against the others. Supposing the "giver" happens to be an illegal immigrant from Taiwan who wants to be allowed to become a Hong Kong citizen. He would require an entry permit, and a Hong Kong identity card. This would involve bribing certain officials in the Immigration Department and the Registration of Persons Depart- ment. To "square" them might cost anything up to $20,000. But he would not pay any official direct. The payment would be made to a middleman, who would be in contact with the corrupt group, or groups. Ninety- nine times out of a hundred, the "giver" would be a satisfied party. The middleman would take his "pound of flesh"; and he would be a satisfied party; and unless an agent provocateur was "planted" in the corrupt group, the chances of ever bringing anyone to justice would indeed be slim. I am not saying it is impossible. Earlier in this report, I mentioned an actual successful prosecution. But it involved a great deal of hard work on the part of the Anti-Corruption Office, and one or two illegal immigrants had to be persuaded, much against their will, to tell the truth.
114. When one comes to consider the big "syndicates" which are alleged to exist-notably in certain branches of the Police Force-there are further difficulties facing any law-enforcement agency. Every police force acts on information. Information costs money, sometimes more money than is available from official sources. Frequently, the information concerning serious crime is supplied by persons who are themselves criminals, or the associates of criminals. It is said that it is those who run vice-establishments and who endeavour to eke out a living, or supplement their income, by running pak pais, and so on, who are forced to pay regularly firstly to enable the gangsters to be sufficiently well-paid so that they supply necessary information regarding serious crime, and perhaps to enable payments to be made for promotion within the service. Some of the allegations in the reports which I have received concerning such "syndicates” have a mafia-type ring about them. There are frightening suggestions that non-payment by anyone who is required to do so may result in his being seriously beaten-up or that his livelihood may otherwise be put in jeopardy.
115. If even half of what is alleged is true, I despair of the chances of any law-enforcement agency, operating a British-type system of criminal investigation and court procedure, of being able consistently to break into, much less smash, organizations of this kind. Occasionally, the Police manage somehow to do so. But it is difficult, time-consuming and soul-destroying process. As I have said, payments are said to be made, sometimes willingly, sometimes unwillingly. From time to time, one reads of small "fry" at the base of the "pyramid” being prosecuted for some offence. But that is no solution. The ultimate object must be to smash the whole corrupt organization, if that is humanly possible. But how is any law-enforcement agency to do it? It is not the function of this Commission to discuss police methods. But looking at the matter purely from the point of view of obtaining admissible evidence to support a prosecution and reverting to the "bus" analogy, provided everyone in the “bus" is satisfied with his "cut", the chances are that no one will “split”. Those "running alongside the bus" i.e. those who know the racket is going on and could testify, because of fear of reprisals, or otherwise, they choose to do nothing about it; and it is said that those who do get "in front of the bus" [that is to say, give information to the authorities and offer to testify in court] they are, frequently, bought off, or frightened off, before the trial.
116. I think it must be obvious from all this that the difficulties involved in the successful prosecution of persons suspected of bribery and corruption are very great indeed. It is perhaps not too much to say that bribery and corruption cases differ from every other class of case in the criminal calendar in that the Crown seldom, if ever, is in a position to call direct evidence of the alleged offering, soliciting or acceptance of the bribe because the other party to the corrupt transaction is satisfied and unwilling to testify-perhaps also frightened of the consequences of his so doing. Defending a corruption case in a Hong Kong court is a defence lawyer's "dream”! Indeed, having regard to the complicated manner in which some of these corrupt set-ups operate, and the frequent impossibility of obtaining evidence from witnesses other than the suspects themselves, it is not too much to say that the adversary system of trial which obtains in British and Hong Kong courts is singularly unsuited to the trial of bribery and corruption cases. I examined the case files on two investigations where an almost inescapable impression of corruption arose but in each case the inquiries proved abortive. In each case, the head of the department and the Anti-Corruption Office were completely satisfied that the persons concerned were, and are, corrupt. For lack of evidence in each case, it was impossible to charge the suspects in the criminal courts; and, in one case, the minor irregularities which were proved against them in the disciplinary proceedings could not possibly have justified dismissal by the Governor. The result is that these corrupt men are still in the public service.
117. The attitude of certain members of the public to a situation of this kind is perfectly understandable. For the most part, they do not understand the necessity for the strict rules of evidence and procedure which govern the conduct of a criminal trial. They do not even know of the inhibiting effect of Colonial Regulations or how difficult it is to dismiss officers from the service or retire them compulsorily. The public does not know of the efforts which the Government has made during the last few years (in the face of opposition from the Staff
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