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TYPICAL OF her uncompromising style, Secretary for Security Regina Ip Lau Suk-yee would not let a controversy slip into oblivion without first making a highly charged comment.

Last week the public was expecting the row between the police and the Independent Commission Against Corruption to dissipate,  when she turned up the heat again.

Mrs Ip sided with the police and called for a review of the way in which the ICAC released details about suspects. Her stance is understandable as the police force is under her portfolio. It could have been seen as a betrayal had she failed to rally behind the police.

ICAC Commissioner Alan Lai Nin chose not to respond to Mrs Ip's latest remarks.

Unlike the police, the ICAC is not accountable to any policy bureau. It answers directly to Chief Executive Tung Chee-hwa. As a result, no policy secretary is in a position to clip its wings.

Its role as an aggressive anti-graft fighter sometimes creates considerable tension with other government officials and the bureaucracy. This is a healthy sign.

The ICAC is proud of its independence. That status has recently been compromised. In the past, only those near the end of their civil service career would be considered for the crucial role as head of the commission.

The first three commissioners all left the administration after their stint in the ICAC. This tradition would prevent former commissioners from having to work with or under other civil servants, some of whom may become ministers under Mr Tung's new ministerial system.

After serving as the ICAC's first commissioner, Sir Jack Cater joined the China Light and Power group to work on the Daya Bay nuclear power project. He also acted as a director of the Dao Heng Bank Group and of Television Broadcasts until last year.

His successor, Bertrand de Speville, founded his own anti-corruption consultant firm in Britain after he retired from the ICAC. More than 20 countries, including Ecuador and Kosovo, have used its services.

Michael Leung Chin-man was the first ethnic Chinese to lead the commission. When his term expired, he became a deputy chairman of a property development and investment group, K Wah International.

This tradition of insulating the commissioner from the civil service was broken when Mr Lai's predecessor, Lily Yam Kwan Pui-ying, left the ICAC. Mrs Yam has not reached retirement age and was readmitted into the administration as Secretary for the Environment and Food. Ahead of any official announcement, she told legislators she would quit the civil service before Mr Tung's second term of office starts on July 1.

Mr Lai, on the other hand, started his government career in 1974 as a judicial clerk. He had served as Deputy Director of Administration, Deputy Secretary for the Treasury and Director-General of Trade before becoming the ICAC chief in 1999.

Mr Lai turns 51 next Monday. Like his predecessor, the fifth commissioner will be too young to retire from the civil service when he completes his term.

The Chief Executive may, of course, decide to keep Mr Lai where he is. But the prospect that he will have to wear a different hat to work with other civil servants cannot be ignored. This is not to say Mr Lai's judgment or integrity is impaired by such considerations.

Nevertheless, the present quarrel between the ICAC and the police has shown that doubts about the career path of the commissioner are not unwarranted. The practice of re-employing a past commissioner in the civil service may ultimately undermine its independence.

Andy Ho is a political commentator



Police row underlines need for independent ICAC chief