Report of the Select Committee to Inquire into
Matters Relating to Mr Timothy TONG's Duty Visits,
Entertainment, and Bestowing and Receipt of Gifts
during his Tenure as Commissioner of the
Independent Commission Against Corruption
July 2014
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TABLE OF CONTENTS | ||
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| Part I | Establishment of the Select Committee and its work
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| Chapter 1 | Introduction | 1 – 4 |
| Background | 1 – 3 | |
| Establishment of the Select Committee | 3 – 4
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| Chapter 2 | Various matters relating to the Select Committee | 5 – 23 |
| Membership of the Select Committee | 5 | |
| Terms of reference, areas of study and work plan of the Select Committee | 6 – 10 | |
| Practice and procedure | 10 – 15 | |
| Hearings of the Select Committee | 15 – 22 | |
| Report | 22 – 23
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| Part II | Matters relating to Mr Timothy TONG Hin-ming's official duty visits, entertainment, and bestowing and receipt of gifts during his tenure as the Commissioner of the Independent Commission Against Corruption
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| Chapter 3 | Basic information on the Independent Commission Against Corruption and the Commissioner of the Independent Commission Against Corruption | 24 – 29 |
| Statutory status and functions | 24 – 25 | |
| Regulations applicable to the Commissioner and officers of the Independent Commission Against Corruption | 25 | |
| Independent Commission Against Corruption's Mission Statement and Code of Ethics | 26 | |
| Monitoring mechanisms | 27 – 29
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| Chapter 4 | Official duty visits | 30 – 45 |
| Relevant policy/regulatory systems during Mr Timothy TONG Hin-ming's tenure as the Commissioner of the Independent Commission Against Corruption | 30 | |
| Official duty visits outside Hong Kong made by Mr Timothy TONG Hin-ming during his tenure as the Commissioner of the Independent Commission Against Corruption | 31 – 39 | |
| Findings and recommendations | 40 – 45
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| Chapter 5 | Official entertainments | 46 – 65 |
| Relevant policy/regulatory systems during Mr Timothy TONG Hin-ming's tenure as the Commissioner of the Independent Commission Against Corruption | 46 – 47 | |
| Official entertainments hosted by Mr Timothy TONG Hin-ming during his tenure as the Commissioner of the Independent Commission Against Corruption | 48 – 60 | |
| Findings | 60 – 65
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| Chapter 6 | Bestowing of gifts | 66 – 78 |
| Relevant policy/regulatory systems during Mr Timothy TONG Hin-ming's tenure as the Commissioner of the Independent Commission Against Corruption | 66 | |
| Bestowing of gifts by the Independent Commission Against Corruption during Mr Timothy TONG Hin-ming's tenure as the Commissioner of the Independent Commission Against Corruption | 67 – 75 | |
| Findings and recommendations | 76 – 78
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| Chapter 7 | Receipt of Gifts | 79 – 91 |
| Relevant policy/regulatory systems during Mr Timothy TONG Hin-ming's tenure as the Commissioner of the Independent Commission Against Corruption | 79 – 82 | |
| Receipt of gifts by Mr Timothy TONG Hin-ming during his tenure as the Commissioner of the Independent Commission Against Corruption | 83 – 88 | |
| Findings and recommendations | 88 – 91
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| Chapter 8 | Conclusions and recommendations | 92 – 104 |
| Conclusions | 92 – 100 | |
| Recommendations | 101 – 104
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| Part III | Provision of information by the Independent Commission Against Corruption to the Finance Committee of the Legislative Council
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| Chapter 9 | The manner in which the Independent Commission Against Corruption provided information related to the official duty visits and bestowing of gifts by Mr Timothy TONG Hin-ming during his tenure as the Commissioner of the Independent Commission Against Corruption to the Finance Committee of the Legislative Council in April 2013 | 105 – 118 |
| Sequence and development of events | 106 – 108 | |
| Workflow of the preparation of the Independent Commission Against Corruption's replies | 108 – 109 | |
| Reasons for the inaccuracies in the replies to the Finance Committee | 110 – 114 | |
| Findings and recommendations | 114 – 118
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| Acknowledgement | 120
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| Signatures of members of the Select Committee | 121 – 122
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| Abbreviations | 125 – 126
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| Appendices
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| Appendix 1 | Petition jointly signed by Hon Dennis KWOK and Hon Cyd HO
| 129
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| Appendix 2 | Practice and Procedure of the Select Committee
| 130 – 140
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| Appendix 3 | Press release issued by Department of Justice on 14 May 2013
| 141 – 142
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| Appendix 4 | Press release issued by the Independent Commission Against Corruption ("ICAC") on 14 May 2013
| 143 – 144
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| Appendix 5
| Questions raised by the Select Committee for reply by ICAC
| 145 – 153
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| Appendix 6
| Written reply dated 6 September 2013 from ICAC to the Select Committee
| 154 – 156
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| Appendix 7
| Written reply dated 27 September 2013 from ICAC to the Select Committee
| 157 – 158
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| Appendix 8
| Written reply dated 23 October 2013 from ICAC to the Select Committee
| 159 – 160
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| Appendix 9
| List of questions submitted by Hon Cyd HO to the Select Committee
| 161 – 163
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| Appendix 10
| Written reply from ICAC to the questions raised by Hon Cyd HO
| 164 – 168
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| Appendix 11 | Information on ICAC's policy on duty visits
| 169
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| Appendix 12 | Written reply dated 28 May 2014 from the Chief Executive's Office to the Select Committee
| 170
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| Appendix 13 | Details of the 35 duty visits outside Hong Kong headed by the former Commissioner of ICAC, Mr Timothy TONG Hin-ming, from 2007-2008 to 2012-2013
| 171 – 186
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| Appendix 14 | Itinerary of the duty visit to Beijing-Kunming-Lijiang (11 to 17 January 2009)
| 187 – 188
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| Appendix 15
| Itinerary of the duty visit to Beijing-Chengdu-Leshan (16 to 23 May 2010)
| 189 – 190
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| Appendix 16
| Information on the number of reports submitted by the former Commissioner of ICAC, Mr Timothy TONG Hin-ming, to the Chief Executive after attending duty visits outside Hong Kong
| 191
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| Appendix 17
| Relevant parts of ICAC's Commission Standing Orders relating to duty visits applicable during Mr Timothy TONG Hin-ming's tenure as the Commissioner of ICAC and the changes that have been made since Mr Timothy TONG Hin-ming left ICAC
| 192
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| Appendix 18
| Information on ICAC's policy, rules and guidelines on official entertainment
| 193 – 194
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| Appendix 19
| Information on the procedure for approving the hosting of official entertainment by the Commissioner and officers of ICAC
| 195
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| Appendix 20
| Information on the procedure for handling the expenses arising from the official entertainment made by the Commissioner and officers of ICAC
| 196
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| Appendix 21 | Information on the attendees of ICAC's Weekly Meetings and the procedures for drafting and confirming the minutes of these meetings
| 197
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| Appendix 22 | ICAC's Commission Standing Orders relating to entertainment expenses
| 198 – 200
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| Appendix 23 | Form 569 introduced by ICAC in June 2008
| 201 – 202
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| Appendix 24 | Information on the lunches/dinners hosted by the Commissioner of ICAC for the Consuls General in Hong Kong
| 203 – 204
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| Appendix 25 | Reply from ICAC on the lunches/dinners hosted by the former Commissioner of ICAC, Mr Timothy TONG Hin-ming, for the Consuls General in Hong Kong
| 205
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| Appendix 26 | Terms of reference, composition and term of office of the committee overseeing the operation of ICAC Staff Mess
| 206
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| Appendix 27 | Reply from ICAC on whether there were any precedent cases in which chefs from other organizations were arranged to provide catering services for the functions of ICAC
| 207
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| Appendix 28 | ICAC's Commission Standing Orders relating to entertainment expenses and offering/exchange of souvenirs
| 208 – 212
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| Appendix 29 | Information on ICAC's policy, rules and guidelines on bestowing and receipt of gifts
| 213 – 214
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| Appendix 30 | Information on the incorporation of the policy on exchange of gifts into ICAC's Commission Standing Orders
| 215 – 226
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| Appendix 31 | Examples of "Commission-wide" gifts of ICAC
| 227 – 228
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| Appendix 32 | Examples of gifts procured by individual departments of ICAC
| 229
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| Appendix 33 | List of gifts presented by Mr Timothy TONG Hin-ming during his tenure as the Commissioner of ICAC to government officials of different places and paid out of public funds
| 230 – 255
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| Appendix 34 | List of the standard souvenirs currently available in ICAC
| 256
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| Appendix 35 | Civil Service Bureau Circular No. 4/2007 - Advantages/entertainment offered to an officer in his official capacity and gifts and donations to a department for the benefit of staff
| 257 – 285
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| Appendix 36 | ICAC's regulations relating to the personal retention of gifts offered/presented to the Commissioner in his official capacity
| 286
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| Appendix 37 | Information on the procedure for approving the bestowing and receipt of gifts by the Commissioner and officers of ICAC
| 287
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| Appendix 38 | Information provided by ICAC on the applications made by Mr Timothy TONG Hin-ming during his tenure as the Commissioner of ICAC for personal retention of gifts
| 288 – 293
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| Appendix 39 | Information provided by the Chief Executive's Office on the applications made by Mr Timothy TONG Hin-ming during his tenure as the Commissioner of ICAC for personal retention of gifts
| 294 – 297
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| Appendix 40 | Written reply from ICAC to Members' initial questions in examining the Estimates of Expenditure 2013-2014 - Reply Serial No. ICAC014
| 298
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| Appendix 41 | Press release issued by ICAC on 26 April 2013
| 299
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| Appendix 42 | Information provided by ICAC on the omission of information in its replies to the Finance Committee
| 300
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| Appendix 43 | Workflow of the preparation and vetting of ICAC's replies to Members' initial and supplementary questions on the Estimates of Expenditure 2013-2014
| 301 – 302
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| Appendix 44 | Reasons for the provision of incomplete information by ICAC to the Finance Committee
| 303
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| Lists of written evidence/documents
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| A. | Evidence/documents provided by the Independent Commission Against Corruption
| 308 – 309
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| B. | Documents provided by the Administration
| 310
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| C. | Evidence/documents provided by witnesses
| 311
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| D. | Documents referred to by the Select Committee
| 312 – 313
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| Minutes of proceedings
| 317 – 328
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Minutes of evidence of public hearings
Table of Contents
| No. | Date of public hearing | Witness
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| 1 | 25 January 2014 | Mr Timothy TONG Hin-ming
Former Commissioner, Independent Commission Against Corruption |
| 2 | 1 March 2014 | Mr Timothy TONG Hin-ming
Former Commissioner, Independent Commission Against Corruption |
| Mr Simon PEH Yun-lu
Commissioner, Independent Commission Against Corruption Ms Julie MU Fee-man Director of Community Relations, Independent Commission Against Corruption Mrs Jennie AU YEUNG WONG Mei-fong Acting Assistant Director/Administration, Independent Commission Against Corruption |