THE Chief Executive has never told the Commissioner for the ICAC to instigate prosecutions against anyone, Lily Yam Kwan Pui-ying said yesterday. Mrs Yam told an RTHK radio talk show that Tung Chee-hwa had never hinted that somebody should or should not be prosecuted. She said she occasionally met Mr Tung to brief him on the ICAC's progress. Asked whether Secretary for Justice Elsie Leung Oi-sie's decision not to prosecute newspaper tycoon Sally Aw Sian had dealt a blow to the morale of the ICAC, Mrs Yam said she could not comment on individual cases. She said Hong Kong had made some achievements over the past 20 years in cracking down on bribery but the ICAC should not claim all the credit. 'We have co-operated very well with the Department of Justice's criminal prosecution division over the past decades. 'Indeed, our terms of reference are different. The ICAC is responsible for investigation while it's up to the Department of Justice to decide whether to prosecute. 'In cases [where a decision was made] not to prosecute, we might, in the short run, be disappointed. But ICAC staff are professional. 'Facing a slight setback once in a while will not affect our enthusiasm in the job in the long term.' Ms Aw was named as a co-conspirator in the Hong Kong Standard's circulation fraud case but was not charged.