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Current Affairs Board 3
Scandals of Former Commissioner of ICAC:
Timothy Tong arlier media reports revealed numerous scandals involving Timothy Tong Hin-Ming, former
Commissioner of the Independent Commission Against Corruption (ICAC). These scandals
include excessive expenditure of public funds for the purposes of hosting luxurious banquets
for mainland Chinese officials attending official activities with the presence of his girlfriend
and using public funds for gift expenses, all of which occurred during Tong’s public tenure. It was
revealed that the ICAC held two banquets for officials from the Chinese Government, where the
expenditure rocketed to approximately HK$1,200 per head, which was far more than the maximum
allowance sum of HK$450 per head as stipulated in ICAC Ordinance Standing Orders even though
the expenses were approved by Tong beforehand. Yet, in reality, even if the per-head expenditure
for dinner exceeds the originally stipulated sum in ICAC’s Standing Orders, it will not be regarded as
a violation provided that the Commissioner approves the expenditure. As the Commissioner also
attended both banquets, it would seem that approving the expenditure himself could be considered
as a conflict of interest. On top of them, the ICAC has revealed a list of gifts Tong gave out during his
tenure. The list revealed a total of 4 gifts, with the accumulated value of approximately HK$8000,
which were given out by Tong to Cao Jianming from 2010 to 2011. It was also revealed that the ICAC
served more than 20 bottles of expensive liquor in those banquets. Such behaviour has indeed
raised public eyebrows.
he Department of Justice and ICAC have simultaneously released press statements in mid-May
two weeks after the scandals were revealed. The press statements indicated the follow-up
procedures in handling the issues concerning expenditure in Tong’s term of office.
References:
1. Department of Justice - ICAC to conduct criminal investigation against its
former Commissioner
http://www.doj.gov.hk/eng/public/pr/20130514_pr.html
2. ICAC - ICAC Statement
http://www.icac.org.hk/en/news_and_events/pr2/index_uid_1420.html
E
T
Should the ICAC conduct its own investigations?
Should Shouldn’t
The ICAC is an authoritative body which has the power to investigate complaints of such
nature with its officers possessing knowledge, expertise and experience.
Lam Cheuk-ting,
Chief Executive of
the Democratic
Party and a former
ICAC investigator,
criticised that an
internal
investigation
within ICAC is
‘unprecedented’,
dragging along
concerns of any
bias being held
during the
investigations.
There is no allegation of any involvement of current Commissioner, Simon Peh Yun Lu in
these scandals. It is trusted that he can lead the investigations in a well-handled manner.
Tony Kwok Man-wai, former Deputy Commissioner of ICAC, reinstated that there was no
direct relationship between Peh and Tong. The investigations will be conducted in an
impartial manner under the leadership of Peh.
Investigators are selected on three conditions: firstly, they must not have attended any
events or activities organised by Tong; secondly, there must not be any direct or indirect
links and relationships between Tong and the investigators concerned apart from official
relationships as ICAC officers; Lastly, those who are qualified to investigate should not
involve in any conflicts of interest in anyhow.
Conclusion: ith regards to peculiar facts that the investigations concern a former Commissioner of the
ICAC which involve current ICAC officials, many of whom are highly-ranked at the heart of
the authoritative body, the current Commissioner, Simon Peh, must ensure that his team conducts
the investigations in a manner where the public is convinced that justice is observed and achieved.
There is an incentive for the investigation team to increase the transparency of the proceedings and
to release any outcome of the investigations promptly. Success in conducting the investigations in
an impartial, unbiased and lawful manner can reverse the current crisis and further enhance ICAC’s
image as an impartial institution and a guardian of Hong Kong’s core values.
References: 香港廉署查湯顯明案將詢問百位証人 重建公信力 (Chinese)
http://big5.chinanews.com:89/ga/2013/05-21/4838305.shtml
W
Should the Public Accounts Committee, Select Committee or
Committee of the Chief Executive investigate the matter? Public Accounts
Committee (PAC)
Select Committee Committee of the Chief
Executive (CE)
Introduction One committee at
Legislative Council
(LegCo) to consider
reports of the
Director of Audit
on the accounts
and results of
audits of the
Government.
A committee that can be established by
the LegCo for a particular issue under
Legislative Council (Power and
Privileges) Ordinance (Cap. 382) (hereby
referred to as PPO).
The Chief Executive may
establish a Committee at his
discretion based on necessity out
of the surrounding
circumstances.
Power The Committee
may invite
government
officials or
high-ranked
officials of public
organisations to
attend public
hearings, provide
explanations,
evidence or
information in
relation to the
issue concerned.
The Committee
may also invite any
other persons to
provide assistance
concerning the
information
disclosed at the
hearings.
The Selection Committee may summon
relevant persons to the Committee to
give testimonies or to submit any
relevant documents in order to assist
Members of LegCo to evaluate the level
of power the Committee may exercise in
relation to the issue concerned.
According to Section 20 of the Rules of
Procedure of the LegCo of the HKSAR
(Amended to 22 March 2013), if a
Member presents a petition to the
Council, and such petition is supported
by not less than 20 Members after being
called upon by the President, the
President will refer the petition to the
Select Committee.
The petition regarding the
commencement of investigations on
Timothy Tong scandals has gained
support from 25 Members, and is then
referred to the Select Committee. This
referral of the petition is the first of its
kind throughout the history of the Hong
Among the committees
established by the CE in the past,
the most authoritative
committee was vested with
power under Commissions of
Inquiry Ordinance (hereby
referred as CIO). The Committee
had the power to summon
relevant persons in order to
testify or reveal any relevant
details or information, all for the
purpose of investigating issues
concerning operations and
management of public
organisations, or the behaviours
exhibited by any government
officials, or any matter where the
public is directly relevant and
concerned at the Committee’s
opinion.
Kong legislature.
However, given the fact that the Select
Committee is not formulated in
accordance to the PPO, there vests no
power on the current Select Committee
to call upon witnesses for extraction of
information.
Scope of
Investigation
Determined in
accordance to
reports by the
Audit Commission.
Determined by Members of LegCo. Determined by the Chief
Executive.
Timothy
Tong
Scandals
Since the relevant
expenses as
alleged in the
scandals were not
mentioned in the
report, the PAC will
have no power to
conduct any
follow-up
investigations. The
President of the
PAC has publicly
stated that the PAC
would only
investigate the
excessive expenses
of the two
banquets.
It would seem that the most appropriate
method is to exercise the powers under
PPO. However, it would seem difficult to
execute PPO under the influence of
LegCo by pro-Beijing members.
If Tong is subpoenaed to LegCo, he will
be protected by LegCo and PPO
privileges. Any comments made during
the subpoena bears no legal liability.
Any person relevant to this issue
would not be obliged to attend
any hearing by the Committee if
the CE does not establish the
Committee under CIO.
The Independent Review
Committee on ICAC’s Regulatory
Systems and Procedures for
handling Official Entertainment,
Gifts and Duty Visits, as recently
established by CY Leung, is not
established according to the CIO.
CY Leung has clarified that the
terms of reference of the
Committee to be the review
ICAC’s regulatory systems and
procedures in handling expenses
on official entertainment and
duty visits. Any specific
investigation on Timothy Tong
performing misconduct in public
office is not within the scope of
jurisdiction of the Committee.
Reference: 郭榮鏗﹕該如何追查湯顯明? — 用帳委會、專責委員會還是特首的委員會?
http://news.sina.com.hk/news/20130521/-6-2973895/1.html
Related Commentary:
Commen
tor
Topic Link Summary
1
Ng
Chi-sum
獨立調
查才能
挽回廉
署公信
(Chines
e)
http://goo.gl/TtkN
X
The Chief Executive has established a committee to prevent the
establishment of an independent evaluation committee which
is led by Justice. However, such independent committee led by
Justice is essential to uphold the core values of Hong Kong –
uprightness, honesty as well as the need to reveal the truth.
Only independent investigation can restore the credibility of
ICAC.
2 Liang
Wen-dao
羅馬、
長安、
香港
(Chines
e)
http://www.comm
entshk.com/2013/
05/blog-post_12.ht
ml
The idea of ‘core values in Hong Kong’ has emerged in the
1980s, but it seems that the ICAC has not withdrawn from this
important mission even though this notion receives the
greatest public attention. On the other hand, the Police has
introduced some novel terms when dealing with the Tong
scandals which confuse the general public. It seems that the
legend of Hong Kong in safeguarding its core values has merely
been sustained for 30 years with minimum awareness by the
general public. The public seems to be gradually unconscious of
the destruction of core values.
3 Leung
Mei-yee
政府不
敢捅馬
蜂窩
(Chines
e)
http://goo.gl/0Cibz
The reason of the refusal to establish the legally recognised
Independent Review Committee under the CIO is to abolish any
impression that the government officials work intimately with
Chinese officials, which may lead to a loss of confidence
towards what is remained in the integrity of ‘One Country Two
Systems’.
4 Dr Ray
Yep
捍衛廉
署的尊
嚴 刻
不容緩
(Chines
e)
http://news.sina.co
m.hk/news/20130
503/-6-2959142/1.
html
Greater interaction and cooperation between Mainland China
and Hong Kong prompted greater first-hand experiences for
the public on corruption in China. A reasonable man would
loathe such behaviour, yet beneath his thoughts, it is possible
that where corrupt practices in the Mainland may affect the
dynamism of corruption in Hong Kong. Recent corruption cases
within the Government have already raised public eyebrows in
regards to the morals and ethics of our officials. It would seem
that Tong has completely betrayed the public by failing to take
responsibility to safeguard clean core, social values within the
ICAC, and has breached the trust the public rests on the
organisation.
If we lost our confidence for the ICAC, the amount of trust and
confidence vested on the administrative systems by the public
will diminish with serious consequences. Therefore, what is
needed is a series of investigations by the government with
precise clarification of the entire issue disclosed to the public.
The clarification should clearly list out the persons responsible
of the scandals, and evaluate then correct any flaws that exist
in the current system. In this way, public confidence on the
ICAC can be restored lest its integrity is tarnished.
5 Tsang
Chi-ho
信任大
崩潰
(Chines
e)
http://goo.gl/2Kf0R
The scandals resulted into a breakdown in the reputation of the
ICAC, the peculiarity of which is the serious doubt by the
people on how lawful ICAC has been acting. Anti-corruption
activities in the Mainland may degenerate to a tool for political
struggle, resulting into a deficit in credibility.
6 Chan
Chi-kit
擇善固
執方為
禮
(Chines
e)
http://goo.gl/nwq
W9
Reports showed that Carrie Lam, the Chief Secretary demanded
the ICAC not to give any gifts to other relevant organisations in
any future interactions. In my opinion, this seems unnecessary:
as long as the Hong Kong Government keeps all of its actions
clean and lawful with accordance to all regulations and
procedures, then it seems appropriate to disregard shameful
influence of corruption by the mainland officials. If the
conditions of any cooperation between Hong Kong and the
Mainland include the subjection by the SAR Government to
delve deeper into the ugly politics of the Mainland, it seems
that the objective of Hong Kong to strive for greater national
development in the mainland is severely undermined.
7 Poon
Siu-to
湯顯明
用吃喝
換得中
國公
職?
(Chines
e)
http://goo.gl/CnLSJ
It seems that the Chinese Government, in its endeavour to
retain control of disciplinary forces, does not choose to appoint
Tong as Commissioner behind the scenes merely for his
determination to combat corruption. After all, the fact that
Tong was appointed in the ICAC reflected a limitation on his
proficiency as a professional. However, since the People’s
Liberation Army are withheld from exercising its jurisdiction in
Hong Kong’s daily matters, Beijing can only rely on Hong Kong’s
disciplinary forces in order to assert control over the territory.
After all, the Chinese Government demands loyalty from
disciplinary forces. Hence, since the handover, the Mainland
has been heavily relying on high-ranked officials in disciplinary
forces to represent Beijing at the Hong Kong stage. After
officials from the Security Bureau and the Immigration
Department retired, these governmental officers who are
favoured by Beijing are either promoted to higher offices, or
become an integral part of the pro-Beijing camp (e.g. Regina
Ip), or granted with offices as representatives at the National
People’s Congress (e.g. Ambrose Lee) or members of the
National Committee of CPPCC (e.g. Timothy Tong). The
frequent interactions and clear communication channels
between Tong, Beijing officials and the Liaison Office has
signaled not only private relationships of interest, but also
permeation or even intervention by the Mainland into the
administration of disciplinary forces.