Page 120 of 174
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HONG KONG URBAN COUNCIL
It is obvious that an amnesty had to be declared sometime somehow. Otherwise, should the ICAC investigate all suspects ever involved in corruption, many government departments would have difficulty in continuing to function. Unfortunately, neither the Commissioner of the ICAC nor the Commissioner of Police monitored the widespread feeling of unrest and mounting anxiety and both failed to recommend an amnesty in good and well-calculated time. As a result, thousands of police officers were manipulated by a small group of bad elements into threatening the government and producing a situation beyond control.
Let everyone be equal before the law
Recent incidents lead people to think that the authorities have surrendered to pressure. Not long ago a petty tradesman was jailed for ten days for offering ten dollars tea money. The Attorney-General's recent decision to prosecute only one person involved in the ICAC incident caused consternation among the public. Both press and television on that day showed that over one hundred people were involved. In the British Undersecretary for Foreign Affairs' statement in London, the number was reduced to "some forty people" and it ended in sufficient evidence being found for only one person to be prosecuted. One might well query how this is possible, since the offence was committed before numerous cameras from all T.V. stations and the press and those of the ICAC staff and particularly since as many as five able-bodied ICAC staff members were injured sufficiently to require medical care. Even though the law can often be explained in many different ways, especially by an expert advocate, this is far too much for anybody to swallow. The Attorney-General has also decided not to prosecute eighteen police officers on bail for "lack of sufficient evidence" and on the 28th of last month, the ICAC released 116 suspects under investigation. Both groups should not have been included in the announced amnesty. There are also reports that as many as two thousand suspects beyond the amnesty terms will be benefited. No wonder that many people described November this year as a black month for law and order in Hong Kong.
The essence of English law is said to be that everyone is equal before the law. Do we have that here in Hong Kong?
What shall we do from here on?
I believe that there is nothing more imperative than the re-establishment of government prestige and the restoration of public confidence. I would like to see the following:
HONG KONG URBAN COUNCIL
201
(i) Government should learn to depend more on the people's support.
Public support for government was obvious and clearly expressed and there was never a single sign that people were worried what a police strike might lead to.
It was a great pity that the Government was panicked and gave in so easily to pressure. Firstly, I doubt very much if the threat of a strike would have materialised as the great majority were momentarily duped by a small group of evil elements and few of them would have actually participated. Secondly, even if there were a strike, so what? Many large cities have seen police strikes for one reason or another. With full support from the people and enjoying, in the Governor's words, never better Sino-British relations, there was, indeed, hardly any good reason for panic.
(ii) Both administration and judiciary must stand firm in extinguishing corruption and never give in again to injustice. The judiciary must exert double care in corruption cases so as to win back respect and confidence from the public.
(iii) The ICAC should condense its establishment and concentrate its efforts on eradicating ring-leaders and senior officials, in which field they have so far failed to achieve much. It was reported recently that a former police constable in Glasgow who joined the ICAC was after eighteen months promoted to the rank of senior commissioner, enjoying with his family holidays in Tokyo, Los Angeles etc. and "living in a four-bedroom, two-bathroom, servants quarters included, 32nd flat overlooking the South China Sea", a life, indeed, not many Hong Kong people can afford.
I have no comment on this sort of treatment for our ICAC staff. However, this report does reflect the high price we are paying for anti-corruption work. With the amnesty recently announced, the workload of the ICAC will undoubtedly be greatly reduced. It is time for the ICAC to condense its establishment and to concentrate its efforts in the right direction.
One thing I must point out is that they must not be misguided enough to divert their reduced resources to commercial crimes, a step which made the ICAC most unpopular once before. After all, there is a Commercial Crimes Office in the Police Department to deal with such cases.
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Page 121
Page 121 of 174
Page 120 of 174
200
HONG KONG URBAN COUNCIL
It is obvious that an amnesty had to be declared sometime some- how. Otherwise, should the ICAC investigate all suspects ever involved in corruption, many government departments would have difficulty in continuing to function. Unfortunately, neither the Commissioner of the ICAC nor the Commissioner of Police monitored the wide spread feeling of unrest and mounting anxiety and both failed to recommend an amnesty in good and well-calculated time. As a result, thousands of police officers were manupulated by a small group of bad elements into threatening the government and producing a situation beyond control.
Let everyone be equal before the law
Recent incidents lead people to think that the authorities have surrendered to pressure. Not long ago a petty tradesman was jailed for ten days for offering ten dollars tea money. The Attorney-General's recent decision to prosecute only one person involved in the ICAC incident caused consternation among the public. Both press and televi- sion on that day showed that over one hundred people were involved. In the British Undersecretary for Foreign Affairs' statement in London, the number was reduced to "some forty people" and it ended in sufficient evidence being found for only one person to be prosecuted. One might well query how this is possible, since the offence was committed before numerous cameras from all T.V. stations and the press and those of the ICAC staff and particularly since as many as five able-bodied ICAC staff members were injured sufficiently to require medical care. Even though the law can often be explained in many different ways, especially by an expert advocate, this is far too much for anybody to swallow. The Attorney-General has also decided not to prosecute eighteen police officers on bail for "lack of sufficient evidence" and on the 28th of last month, the ICAC released 116 suspects under investigation. Both groups should not have been included in the announced amnesty. There are also reports that as many as two thousand suspects beyond the amnesty terms will be benefitted. No wonder that many people described November this year as a black month for law and order in Hong Kong.
The essence of English law is said to be that everyone is equal before the law. Do we have that here in Hong Kong?
What shall we do from here on?
I believe that there is nothing more imperative than the re- establishment of government prestige and the restoration of public confidence. I would like to see the following:
HONG KONG URBAN COUNCIL
Page 120 of 174
201
(i) Government should learn to depend more on the people's
support.
Public support for government was obvious and clearly expressed and there was never a single sign that people were worried what a police strike might lead to.
It was a great pity that the Government was panicked and gave in so easily to pressure. Firstly, I doubt very much if the threat of a strike would have materialised as the great majority were momentarily duped by a small group of evil elements and few of them would have actually participated. Secondly, even if there were a strike, so what? Many large cities have seen police strikes for one reason or another. With full support from the people and enjoying, in the Governor's words, never better Sino-British relations, there was, indeed, hardly any good reason for panic.
(ii) Both administration and judiciary must stand firm in ex- tinguishing corruption and never give in again to injustice. The judiciary must exert double care in corruption cases so as to won back respect and confidence from the public.
(iii) The ICAC should condense its establishment and concentrate its efforts on eradicating ring-leaders and senior officials, in which field they have so far failed to achieve much. It was reported recently that a former police constable in Glascow who joined the ICAC was after eighteen months promoted to the rank of senior commissioner, enjoying with his family holidays in Tokyo, Los Angeles etc. and "living in a four- bedroom, two-bathroom, servants quarters included, 32nd flat overlooking the South China Sea", a life, indeed, not many Hong Kong people can afford.
I have no comment on this sort of treatment for our ICAC staff. However, this report does reflect the high price we are paying for anti-corruption work. With the amnesty recently announced, the workload of the ICAC will undoubtedly be greatly reduced. It is time for the ICAC to condense its establishment and to concentrate its efforts in the right direc- tion.
One thing I must point out is that they must not be misguided enough to divert their reduced resources to commercial cycles, a step which made the ICAC most unpopular once before. After all, there is a Commercial Crimes Office in the Police Department to deal with such cases.
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Page 121 of 174
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