Curbing draconian powers: The effects on Hong Kong's graft‐fighter

Abstract

Since its establishment in 1974, the Independent Commission Against Corruption (ICAC) had enjoyed draconian powers to fight against rampant corruption in Hong Kong. These powers have been criticised as a serious infringement of human rights. With the introduction of the Bill of Rights Ordinance in 1991, some of these powers were challenged in the courts. The ICAC Review conducted in 1994 further trimmed down its outdated powers. As a result, while the ICAC is successful in retaining some of its most vital powers, they have become more judicially confined and the likelihood of them being abused has been minimised. ICAC supporters argued that the curbing of powers would eventually undermine the law and order of Hong Kong. However, annual opinion surveys suggest that the ICAC, without draconian powers, remains to be an effective graft‐fighter. It is concluded that effective law enforcement is compatible with the upholding of human rights and does not necessarily rely on repressive measures. There is absolutely no conflict between individual rights and collective interests.