TNAG-1856-FCO40-2631-Legislative-Council-of-Hong-Kong-memoranda-and-minutes-of-me-1989 — Page 26

HONG KONG LEGISLATIVE

COUNCIL

5 July 1989

香港立法局———————————一九八九年七月五日

10

Written answers to questions

Investigation of corrupt officers in the police force

1. MRS. TU asked: Given that continued public confidence in the integrity of the police force depends in part upon public acceptance that the corruption of earlier decades has now been effectively eradicated, will the Government inform this Council how members of the public can satisfy themselves that past cases which were not publicly dealt with in the courts were satisfactorily investigated and that identified corrupt police officers were removed from the force?

SECRETARY FOR SECURITY: Sir, the short answer is that there are established and well used channels to the police, Independent Commission Against Corruption (ICAC), OMELCO and Central Government for reporting information, making complaints or obtaining advice or clarification about specific matters.

But I should also like to make a number of points more fully by way of explanation and background information: first, only a court can determine whether a police officer accused of corruption is guilty of the offence. In this sense no police officer may be identified as corrupt without going through the due process of law. However, alleged corruption cases which have been investigated may not come to court for several reasons. Sometimes, after investigation, an allegation is found to be unsubstantiated, so no further action is taken. Occasionally, an investigation may lead to suspicion that corruption is involved, but there is insufficient evidence to enable the Attorney General to authorize a prosecution. In these circumstances, action may, however, be taken under Colonial Regulation 59 to require persons to retire in the public interest on the grounds of strong suspicion of corruption. Since 1975 some 20 police officers have been compulsorily retired in this way.

In some cases, an investigation does not uncover evidence of corruption, but reveals evidence of other types of malpractice. These cases are referred by the ICAC Operations Review Committee to the Commissioner of Police for further investigation and consideration of disciplinary proceedings. Action taken by the commissioner in relation to such cases ranges from warnings and formal disciplinary proceedings, to dismissal and compulsory retirement. Some 330 cases were referred to the commissioner over the last five years, involving 630 officers, and disciplinary action was taken in respect of 476 officers.

Secondly, a very thorough system has been established to investigate allegations of corruption and to review cases where it is recommended that