Linchpin in the power game

IN A SWIFT damage-control exercise, Chief Executive Tung Chee-hwa and heads of the police and the ICAC have acted to demonstrate unity by playing down the recent war of words between the two law enforcement agencies. It is now being defined as a 'problem of communication'. Given the damage to the image and authority of the police, the Independent Commission Against Corruption, the Chief Executive and the Government as a whole, the scramble to bring about a truce has come as little surprise. But the unprecedented row, in which the police questioned the ICAC's handling of investigations targeting its officers, can hardly be dismissed as just a case of public relations being mishandled. The implications go beyond concerns about deep-seated tension between the two bodies and reflect on the leadership of Mr Tung as his new ministerial system is about to be put in place. It has highlighted the difficulties faced by the law enforcement organisations as they adapt to an ever changing working environment and raised new questions about the lack of communication and co-ordination between government departments. If the police-ICAC dispute caused a stir, it is partly because of memories of the ugly confrontation between the two departments in 1977, when thousands of police officers protested outside ICAC headquarters over alleged persecution of the force. Much has changed over the 28 years since the anti-graft body was established in 1974. The rampant corruption plaguing the police force no longer exists. Nevertheless, mistrust and animosity between the two bodies still appear to run deep, particularly at a senior level. The recent arrest of a high-flying police officer, Sin Kam-wah, deputy head of the police Narcotics Bureau, sparked an outburst revealing the frustrations of the senior police management over the environment in which they work. Serious allegations have been made by a police spokesman against the ICAC over the way it handled cases involving police officers. Senior Superintendent of the Police Public Relations Branch Alan Fan Sik-ming said in an interview with the Ming Pao newspaper on Monday: 'We have always fully co-operated with them. But they treated us as bad guys instead of good guys.' He said ICAC investigations made 'thunderous noises' but brought only 'drizzle', a suggestion that the publicity surrounding ICAC arrests of police officers is not always matched by results in terms of convictions. In another statement issued last Sunday, police said the ICAC should be more 'circumspect' about publicising arrests. Police officers were deeply concerned about other cases against colleagues last year in which charges had yet to be laid. A senior official said privately that the police outburst reflected not just long-standing dismay with the ICAC, but the morale problem within the force under an increasingly politicised environment. Police officers at all levels face increasing difficulties in ensuring peace and order without pressure to needlessly impose greater restrictions on civil liberties. Such conflicts have been manifested in a spate of recent controversies. They include a failed attempt to ban a June 4 rally outside the Central Government Offices; arrests of three activists, including Leung Kwok-hung, over an unauthorised rally in February; and the handcuffing of two journalists at Chater Garden during an operation to clear right-of-abode claimants. The high-profile arrest of senior officer Sin on suspicion of accepting sex from prostitutes in exchange for tip-offs about vice raids could have not come at a worse time. It has dealt a severe and embarrassing blow to the authority and image of the police, which has been under enormous pressure from protesters, human rights watchdogs, politicians, media and society. As for the ICAC, the formerly secretive anti-graft body can no longer turn a blind eye to the growing public aspirations for greater openness, transparency and public accountability. A fine balance has to be maintained between the rights to privacy and a fair trial of suspects, and the public right to know about details of cases of public interest. The row has also raised important questions about the power interplay between the two bodies, the Secretary for Security, Regina Ip Lau Suk-yee, and the Chief Executive. In her response over the row on Wednesday, Mrs Ip revealed she was notified by the police about the statement before it was released. Within the government hierarchy, the police force is directly under the Security Bureau, headed by Mrs Ip. Under the Basic Law, the security chief, police chief and ICAC chief are all principal officials. The ICAC is directly answerable to the Chief Executive. It has been a long-held tradition that the police force, with its unique culture and practices, has functioned independently. Under a ministerial system, the post of secretary for security will go to a political appointee while the police chief will remain a civil servant. How the security minister copes with the growing demand for political accountability on law and order issues without undermining the independence of the police force will emerge as a more sensitive issue. From a broader perspective, the police-ICAC row has shed light on the possible sharpening of conflicts of interest among bureaus and departments under the ministerial system. In an editorial on Wednesday, the pro-Beijing Hong Kong Commercial Daily said the row between police and the ICAC was no different to contradictions between other departments in their work. 'The incident has again reverberated the problem of lack of co-ordination and communication between government departments,' it said. 'The second term of the SAR Government will be in place soon with the accountability system. Whether ministers are able to co-operate and co-ordinate well with other departments should be a major consideration in the assessment of the performance of ministers.' The lack of co-ordination and co-operation within the bureaucracy has been cited by the Government as one of the main reasons for the need to install a team of politically accountable officials with shared vision. The irony is that political appointees who have to deliver results for good performance may be even more uncompromising on matters that hinge upon their own interest. This is particularly so at a time when ministers are under pressure to deliver good services with limited resources. As head of the SAR Government, the Chief Executive plays a pivotal role in harmonising the interests of bureaus and departments. In doing so, he has to show strong leadership on the one hand, but also avoid over-reaching in a way which leads him to be closely involved with the operation of departments such as the ICAC and police. Mr Tung will find himself in an even more tricky position when greater powers are supposedly delegated to the ministers in the new power game. Chris Yeung is the Post's Political Editor Graphic: YEUNGGWK