scholarly journals Justice and Conflict of Interest Quasi Judicial Body – Dental Council in Hong Kong

2020 ◽  
Vol 1 (2) ◽  
pp. 1-3
Author(s):  
Cecilia Young
Keyword(s):  
Hong Kong ◽  
Conflict Of Interest ◽  
Professional Ethics ◽  
Short Communication ◽  
Preliminary Investigation ◽  
Code Of Conduct ◽  
Fair Trial ◽  
Independent Commission Against Corruption ◽  
Independent Commission ◽  
Public Bodies

Dental Councils are Quasi-Judicial Bodies, Declaration of the Conflict of Interest is vital to the fair trial. This short communication discussed the issue regarding the related laws, code of professional ethics and the sample code of conduct for members of public bodies from Independent Commission Against Corruption. A compulsory session for the Declaration of Conflict of Interest is necessary before the Preliminary Investigation and the Hearing.

Mainlandization, the ICAC, and the Seriousness Attached by Local Politicians to Corruption in Post-1997 Hong Kong

2017 ◽  
Vol 62 (6) ◽  
pp. 1742-1760
Author(s):  
Li Li ◽  
T. Wing Lo
Keyword(s):  
Hong Kong ◽  
Conflict Of Interest ◽  
Mainland China ◽  
Government Officials ◽  
The Public ◽  
Independent Commission Against Corruption ◽  
Local Politicians ◽  
Perceived Seriousness ◽  
Political Economic ◽  
Independent Commission

To date, few studies have focused on how the public has perceived the effectiveness of the Independent Commission Against Corruption (ICAC). Furthermore, little is known about how the public has assessed the functions of the ICAC during the political-economic convergence between Hong Kong and mainland China since 1997. This study attempts to explore local politicians’ perceptions towards the ICAC in post-1997 Hong Kong. The quantitative data show that the important historical juncture of mainlandization has been politicized in Hong Kong and has deeply influenced the seriousness attached by local politicians to corruption. Moreover, a mediating path of the effect of “Conflict of Interest” on the “Perceived Seriousness of Corruption” has been found, that is, mainlandization is found to have brought about increased levels of conflict of interest among government officials, which has weakened the symbolic anti-corruption function of the ICAC and, in turn, has affected the perceived seriousness attached to corruption.

scholarly journals THE TRIPARTITE POLICE COMPLAINTS SYSTEM OF HONG KONG

2014 ◽  
Vol 15 (1-2) ◽  
pp. 119-145 ◽  
Author(s):  
Graham Smith
Keyword(s):  
Hong Kong ◽  
Evidence Base ◽  
Police Force ◽  
Independent Commission Against Corruption ◽  
System A ◽  
Tier System ◽  
The One ◽  
Independent Commission ◽  
Important Evidence

Practitioners define the police complaints system of Hong Kong as a two-tier system. In this article, written at the request of the organisers of a 2014 Symposium, the international reform trend and purposes of police complaints systems are briefly outlined before examination of the Hong Kong system. A different conceptualisation is suggested to the one currently preferred by practitioners. It is observed that three organisations – the Independent Commission Against Corruption, the Complaints Against Police Office of the Hong Kong Police Force, and the Independent Police Complaints Council – share responsibility for handling complaints against the police. It is proposed that a full and comprehensive audit of the powers, duties and responsibilities of the three organisations that comprise this tripartite system, supported by research on the experiences of complainants, would provide an important evidence base for developing the system.

Making Hong Kong companies liable for foreign corruption

2015 ◽  
Vol 22 (1) ◽  
pp. 126-150 ◽  
Author(s):  
Bryane Michael
Keyword(s):  
Hong Kong ◽  
Best Practice ◽  
Law Firms ◽  
Legal Analysis ◽  
Department Of Justice ◽  
Content Type ◽  
Legislative Council ◽  
Independent Commission Against Corruption ◽  
Independent Commission ◽  
The Way

Purpose – The purpose of this article is to assess the extent to which Hong Kong’s laws deter its companies from engaging in corruption and bribery abroad. Design/methodology/approach – A mix of economics, public administration, management and legal analysis was used to assess weaknesses in Hong Kong’s laws governing the prohibition of bribe payments abroad. Findings – Hong Kong does not explicitly criminalise corporate bribery abroad. Companies – as legal persons – can not be found guilty of corruption. It is argued that Hong Kong’s Legislative Council should amend various laws to modernise Hong Kong’s approach to tackling corruption committed by its companies abroad. The various approaches lawmakers can take towards assigning responsibility for corruption to companies are presented. The approaches that prosecutors at the Department of Justice can take to adopt prosecutorial methods like those used in other upper-income jurisdictions and the ways that Independent Commission Against Corruption (ICAC) can assist in this work are also described. Practical implications – This research has practical findings for Hong Kong’s policymakers, law firms and companies which operate in Hong Kong. For policymakers, we describe legal changes Hong Kong’s legislators will likely make in the years ahead and the preferred ways of engaging in such change. For law firms, we describe the legal changes coming to Hong Kong which legal advisors will need to advise their clients on. For companies, we describe changes that companies operating in Hong Kong will likely need to comply with in the future. Social implications – This paper shows that when Hong Kong adopts best practice in the field of corporate criminalisation, Hong Kong’s role in “exporting” corruption will likely fall. Originality/value – This article describes a set of legal changes which will change the way Hong Kong treats corruption. The literature tends to glamorise Hong Kong’s anti-corruption work. It is shown that its law falls far behind other jurisdictions, as well as how “treating companies like people” in the case of Hong Kong will likely change the way Hong Kong’s prosecutors think about crime and criminal perpetrators.

scholarly journals A Comparative Analysis of Indonesia’s KPK and Hong Kong ICAC in Eradicating Corruption

2020 ◽  
Vol 2 (2) ◽  
pp. 163-179
Author(s):  
Ridwan Arifin ◽  
Rodiyah Rodiyah ◽  
Fitria Puspita
Keyword(s):  
Hong Kong ◽  
Comparative Analysis ◽  
Law Enforcement ◽  
Comparative Study ◽  
The State ◽  
The Other ◽  
Modus Operandi ◽  
Independent Commission Against Corruption ◽  
Independent Commission ◽  
Great Damage

This article seeks to discusses anti-corruption policies in Indonesia and Hong Kong. This research arises from the phenomenon of corruption that has become widespread in Indonesia and seems to be a never-endingproblem that has caused great damage in all sectors of life. It's not only a matter of how much the state loss or corrupt modus operandi that is even more sophisticated and even makes Indonesia one of the highest-rankingcountries in corruption cases, but it is also a matter of law enforcement whihch is less smart in handling corruption cases themselves. On the other hand, reportedly having a different approach in combating corruption, Hong Kong is considered to have been successful in carrying out its duties. With comparative study, this article will elaborate various patterns of work conducted by anti-corruption institutions in Indonesia and Hong Kong, namely the Corruption Eradication Commission (KPK) and the Independent Commission Against Corruption (ICAC).

scholarly journals Bertrand de Speville, Overcoming Corruption: The Essentials

ICR Journal ◽  
2011 ◽  
Vol 2 (3) ◽  
pp. 579-582
Author(s):  
Zarina Nalla
Keyword(s):  
Hong Kong ◽  
Developing World ◽  
Decision Makers ◽  
Independent Commission Against Corruption ◽  
Solicitor General ◽  
The Subject ◽  
English Law ◽  
Independent Commission ◽  
The City

The title of the book is very reflective of its length and style: brief and succinct almost like a handbook, it is meant for anticorruption decision-makers from the developed and developing world who are too busy to read laborious pieces on the subject. The author, an English law barrister who went to Hong Kong in 1981, became Solicitor General prior to his appointment as Commissioner of the Independent Commission Against Corruption (ICAC) of Hong Kong from 1992 to 1996, just before the city was returned to China. He turned ICAC into a leading anti-graft body admired by international observers.  

scholarly journals Using the Law to Combat Public Procurement Corruption in South Africa: Lessons from Hong Kong

2017 ◽  
Vol 20 ◽  
pp. 1
Author(s):  
Prenisha Sewpersadh ◽  
John Cantius Mubangizi
Keyword(s):  
South Africa ◽  
Hong Kong ◽  
South African ◽  
Public Procurement ◽  
Legal Framework ◽  
Comparative Approach ◽  
Independent Commission Against Corruption ◽  
The Law ◽  
South African Politics ◽  
Independent Commission

Since South Africa’s political transition in 1994, corruption has been a major feature of the country’s politics. However, the complexity of post-apartheid South African politics has sometimes prevented allegations and suspicions of corruption from being adequately dealt with by the law. This article examines the legal framework used to combat public procurement corruption in South Africa. Using a comparative approach, the article also examines the legal framework of Hong Kong – with a view to identifying lessons that South Africa can learn therefrom. Such lessons include but are not limited to Hong Kong’s specific laws dedicated to public procurement, its particular legislative and institutional features, its commendable constitutional commitment to eradicating corruption, and the fact that Hong Kong’s rules pertaining to procurement processes are more consistent and are not hidden in several legislative prescripts. South Africa may also do well to learn from the successes of Hong Kong’s iconic anti-corruption agency, the Independent Commission against Corruption (ICAC) – in attempting to model its own anti-corruption agency.

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