TNAG-1855-FCO40-2630-Legislative-Council-of-Hong-Kong-memoranda-and-minutes-of-me-1989 — Page 13

FCO40 Hong Kong Department Records 聯邦事務部香港部檔案 All

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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SECRETARY FOR ADMINISTRATIVE SERVICES AND INFORMATION: Sir, the short answer to Mrs. CHOW's question is "yes". Public expenditure is safeguarded by the requirement that the applicants must pass a merit test and also by the constant monitoring of legal aid cases by professional officers of the Legal Aid Department. Legal aid will be withdrawn the minute it is pointed out to the Legal Aid Department that there is no cause to continue with the litigation. proceedings.

Responsibility for triad control

3. MRS. TU asked: Sir, in view of the public concern over widespread triad activities against minibus operators, restaurants, hawkers, shopkeepers and school children, would the Government consider handing over responsibility for triad control to the Independent Commission Against Corruption?

SECRETARY FOR SECURITY: Sir, the Independent Commission Against Corruption (ICAC) was established in 1974 specifically to fight corruption and operates under the Independent Commission Against Corruption Ordinance, the Prevention of Bribery Ordinance and the Corrupt and Illegal Practice Ordinance. In the course of its investigations the ICAC brings to court offenders who may also be involved in triad activities, but these only feature in the ICAC cases as a result of suspected offences under one or more of the three ICAC Ordinances. In other words ICAC cases are corruption based and the triad involvement, and possible offences under the Societies Ordinance and other laws, are incidental to the commencement of inquiries. Indeed the majority of ICAC cases do not have any apparent triad involvement.

Primary responsibility for action against triads has always rested with the police. The triad problem is one of law and order and of organized crime. The appropriate body to deal with these matters is the Royal Hong Kong Police Force, and its structure, training and equipment have been constantly evolved over the years to ensure that it remains effective for this purpose.

There is co-operation between the ICAC and the police in anti-triad work in areas not involving corruption offences, but for the ICAC itself to take on all anti-triad investigations would mean the transfer from the police to the ICAC of a very extensive area of law enforcement which would have no direct relationship with the objectives and work of the commission and its three departments. This would result in a dilution of anti-corruption work which would not be in the public interest or in the best interests of the ICAC. It would

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