Prosecuting bribery in Hong Kong's human rights environment

Abstract

Hong Kong’s Independent Commission Against Corruption (ICAC) is internationally recognized as one of the most successful law enforcement agencies to eradicate rampant corruption in what was then a British colony. In recent years however, after the resumption of Chinese sovereignty, the ICAC has been experiencing a growing public confidence crisis. It has come under criticisms for its investigative tactics that have violated fundamental rights and freedoms. Judges have been highly critical, prosecutions have been lost, and ICAC officers have themselves faced criminal prosecutions. The confidence crisis is mostly explained by the socio-political changes that have taken place since the handover. Since the enactment of the 1991 Hong Kong Bill of Rights and the 1997 Basic Law, the ICAC has had to confront two periods of human rights impact. The current human rights environment runs counter to many of the elements that made the ICAC effective in its glorious past. In order to regain the public’s confidence and overcome the current crisis, the ICAC needs to re-examine its current approach to operational work in light of current societal values and expectations. It needs to inculcate and promote a human rights culture in its operational work and insist upon the highest standards of integrity among its officers.