bodyType

customContents

entityId

entityUuid

articlePageQuery

filter

article

articleBaseAdvertisingInfoArticle

articleListArticle

articleSeoArticle

helpersCheckIsPostiesArticle

hooksArticleAcknowledgementGateOverlayArticle

hooksTrackPageViewArticle

hooksContentInterestArticle

articleLinkingDataContent

hooksAmpRedirectArticle

articleSchemaContent

liveArticle

advertZone

sentiment

contentLock

topics

types

sections

moreOnThisArticles

urlAlias

commentCount

authorLocations

authors

paywallTypes

corrections

sponsorType

displaySlideShow

multimediaEmbed

printHeadline

seriesContainer

socialHeadline

headline

flag

firstTopic

glossary

flattenTypeIds

publishedDate

additionalInfoBoxes

images

image

relatedLinks

relatedNewsletters

__typename

createdDate

sponsor

pdfFiles

seriesReverseOrder

series

disableOffPlatformContent

published

updatedDate

summary

subHeadline

body

keywords

readingTime

customTimezone

liveContents

Alex Lo

The ICAC said yesterday it wanted to resurrect an 18th-century law that makes misdeeds by civil servants a crime.

 Independent Commission Against Corruption Commissioner Alan Lai Nin said yesterday the anti-graft body would seek to insert the common law offence of 'misconduct of public office' into the Prevention of Bribery Ordinance.

 At present, such misdeeds can only be dealt with internally.

 The common law offence was first introduced in Britain in 1706.

 Mr Lai admitted the category was vague and needed a more precise definition to be workable, but said it would help plug loopholes and criminalise offences such as conflict of interest.

 'It's only fair to civil servants, so they would know under what circumstances they have committed an offence and what kind of punishment could be expected,' he said.

 No time frame had been set out, he said, as the Civil Service Bureau had to be consulted and overseas practices studied.

 Common law has been used twice since the handover: to prosecute three post office workers who reserved special stamps for themselves, and seven bailiffs who made false expenses claims, said Head of Operations Tony Kwok Man-wai.

 Of 300 civil servants the ICAC recommended for disciplinary action to their respective departments last year, Mr Kwok said 'dozens' were guilty of misdeeds relating to the misconduct of public office.

 'There seems to be a rise in this kind of case in recent years,' he said.

 The Civil Service Bureau said it would work with the ICAC to study the proposal.

 The total number of corruption reports against departments dropped by one per cent from 1,456 cases in 1998 to 1,445 last year, while those against the private sector increased two per cent to 1,904 cases.

 About 500 people were prosecuted last year, with a conviction rate of 86 per cent, up from 382 people in 1998.

 Of the five departments that registered the most complaints, only the defunct urban and regional services departments showed increases, jumping 22 per cent and 53 per cent respectively.

 Most complaints against these departments came after the high-profile arrests of hawker-control officers who colluded with hawkers, and crematorium staff who stole valuables from coffins, Mr Kwok said.

 Mr Lai expressed concern about the construction industry, although complaints dropped slightly from 187 cases in 1998 to 181 last year.

 He said the ICAC would also work with the Department of Justice to strengthen laws against Internet crimes and introduce greater public education targeting young people.



ICAC hopes to revive 18th century law