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

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.

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

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).

Mapping corruption in procurement

Purpose This paper aims to focus on understanding and preventing corruption in procurement in public sector settings. Just as not all corruption is the same, not all procurement is the same. One purpose is to analyze different types of procurements: standard, customized, intangible and complex. Corruption in procurement undermines public administration, and the purpose of this paper is to identify different types of procurements and provide readers with a framework for analysis and subsequent intervention. Design/methodology/approach In all, 42 actual cases of public sector corruption in procurement are examined, and from these, an analytical matrix is developed. These cases are derived from the reports of the New South Wales (Australia) Independent Commission against Corruption. These cases represent all of the procurement cases that the ICAC has taken to a formal hearing in its 30 years of existence. Findings While fraud is a major feature of corruption in procurement, there are significant organizational facilitators, and a number of slippage points in organizations are identified. These include peer culture, lack of due process, temptation and managerial incompetence/willful disregard, and these are built into a matrix which can be used in different countries or settings by readers wishing to understand and prevent different types of corruption in procurement in their agencies. Originality/value This paper uses cases that have not previously been aggregated or analyzed and provides analytical tools for practitioners and academics.

The challenge of preserving Hong Kong’s successful anti-corruption system

Purpose The purpose of this paper is to examine the factors explaining the success of Hong Kong’s Independent Commission Against Corruption (ICAC) and the challenges which it faces in maintaining that success. Design/methodology/approach Utilising a review of primary and secondary sources, a syndrome of success characteristics is developed and analysed against a backdrop of recent high-level scandals involving corruption and unethical behaviour. Findings The paper concludes that the institutionalisation of key structures and processes has enabled the ICAC to perform successfully to date but that the prospect of political interference may represent a significant future challenge. Originality/value Although there has been widespread attention to ICAC success factors, some important features have been neglected and little academic attention has been devoted to recent political challenges to its position.

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

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.

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

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.

Making Hong Kong companies liable for foreign corruption

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.

THE TRIPARTITE POLICE COMPLAINTS SYSTEM OF HONG KONG

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.