Are We losing the War on Corruption?
After nearly 40 years, are we losing the war on corruption? Or is it
just a case of those who live by the sword, die by the sword? Whichever way you
look at it, it is a sad development for those who care deeply for Hong Kong.
Some have strange things to say. They said since the ICAC Commissioner Timothy
Tong fiasco shakes at the very foundation of the credibility of one of the best
institutions in Hong Kong, we should not openly attack the ICAC too readily and
make matters worse.
But that is precisely the point. It is by no means an exaggeration to
say ICAC, and the clean and frugal government culture associated with it, is
one of the bedrock of our success and the pride of this society. We cannot
afford to watch it go down the slippery road of self-destruction in the eyes of
the public. We need to take a critical look at what has happened and try to
stop the bleeding as soon as possible. That is why as soon the story broke out,
I, together with my colleagues in the Pan Democrats’ camp, called for an
immediate independent commission to be set up to start a full inquiry, much
along the line of the recent Lamma Island Disaster Inquiry, on the matter.
Inexplicably, the Chief Executive took a different view. He looks at the
matter as a mere incident of indiscretion; or simply a case of non-compliance
of the internal rules of approval within ICAC relating to entertainment
expenditure. In other words, it is only a small matter: let’s not get too
excited over it. Those in defense of the Government also banded together to
stop a full inquiry within LegCo under the Legislative Council (Powers and
Privileges) Ordinance. They seem to forget, our ICAC represents an important
core value and that core value is in danger of being corrupted.
I am not just talking about corruption in the criminal sense; but also
corruption in the social value or societal culture sense. A clean and frugal
government does not simply mean there is no corruption in the criminal sense;
but public money should be spent for the good of society and not unnecessarily
or extravagantly. Still less for self gratification or self interest. Take the
case of Timothy Tong entertaining officials of the Central Liaison Office or
mainland officials by throwing lavish dinner parties. While it is not a
criminal offence under the Prevention of Bribery Ordinance for such conduct in
that such mainland officials are not government officials or officials of
public corporations within the ambit of the ordinance, such conduct certainly
is an affront to the concept of clean and frugal government. There is no
counterpart on the mainland equivalent to our ICAC. If anything, the people of
Hong Kong expect our ICAC officials to influence mainland officials to
cultivate a culture of clean and frugal government and not succumb to their
extravagant way.
There are other worries. Somehow we have developed a practice for
retiring officials to become people's representatives of the Chinese Congress,
or in the case of Mr Tong, a member of the Chinese People's Political
Consultative Conference. Such "high" positions are being seen as
rewards for our retiring officials and the perception is their conduct towards
Mainland officials during their term of office are trade-offs for such positions
after retirement. This is corruption in the wider sense and every bit contrary
to our cherished core values as in the case of criminal corruption.
Is this an isolated incident or a widespread corrupt culture? I don't
know. But there are reports of under reporting to LegCo which merit serious
investigation. Not just because it is a criminal offence for anyone to mislead
LegCo, but because this may well represent an intent to protect Mr Tong or
other members of the Commission. All these culminated to an urgent need to
undertake a full and in depth investigation, not just in the case of ICAC, but
also other departments and bureaus of our government as to whether there is
lurking underneath the surface a corrupt culture of misusing public funds to
further private interests of high ranking officials.
This is a serious issue. One that is not only a serious challenge to our
very core values but the very fabric of our society. If we don't act now, it
may be too late for us to turn back the tide later. I only hope our Chief
Executive is reading correctly the writing on the wall!