Hong Kong and Macau Legal Perspectives | Introduction to Hong Kong's Legal System (Part 3) — The "ICAC" in Hong Kong Films: Unveiling the "Anti-Corruption Myth" of Hong Kong's Independent Commission Against Corruption

To understand the birth of ICAC, we must go back to Hong Kong in the 1960s and 1970s — at that time, corruption permeated every corner of society: firefighters demanded bribes to put out fires, police accepted protection fees to tolerate vice activities, and even public hospital nurses charged fees before giving patients water. The most sensational case was the 1973 "Godber Case" — Hong Kong's Chief Superintendent Godber was suspected of embezzling over HKD 4.3 million (equivalent to 200 years of income for an ordinary citizen at that time), but he used his position to flee to the UK, sparking large-scale protests across Hong Kong. "Anti-corruption" became the most urgent social demand at the time.

To understand the birth of ICAC, we must go back to Hong Kong in the 1960s and 1970s - when corruption permeated every corner of society: firefighters were only willing to put out fires by charging throat fees, police were allowed to tolerate pornography, gambling, and drugs by charging protection fees, and even public hospital nurses were required to pay tea and water fees before handing over boiling water to patients. The most sensational case among them was undoubtedly the 1973 "Godber Case" - Hong Kong Chief Superintendent Godber was suspected of embezzling over HKD 4.3 million (equivalent to 200 years of income for ordinary citizens at that time), but he used his position to flee to the UK, causing large-scale protests among the people of Hong Kong. "Anti corruption" became the most urgent social demand at that time.

Against this backdrop, on February 15, 1974, the Governor of Hong Kong officially established the ICAC under the ICAC Ordinance (now the ICAC Ordinance of the Hong Kong Special Administrative Region), granting it a special status of being "independent from the government structure and directly accountable to the Governor (or the Chief Executive after the handover)", completely breaking the anti-corruption dilemma of "investigating one's own people".

Against this backdrop, on February 15, 1974, the Governor of Hong Kong officially established the ICAC under the ICAC Ordinance (now the ICAC Ordinance of the Hong Kong Special Administrative Region), granting it a special status of being "independent from the government structure and directly accountable to the Governor (or the Chief Executive after the handover)", completely breaking the anti-corruption dilemma of "investigating one's own people".

The ICAC's "first battle" after its establishment shook Hong Kong: through negotiations with the British government, Godber was extradited from the UK to Hong Kong for trial. Godber was ultimately sentenced to 4 years in prison, and all the embezzled funds were recovered. Subsequently, ICAC investigated major cases such as the "Four Great Detectives" (Leoi Lok, Ngaan Hung, etc.) and the corruption syndicate in Yau Ma Tei Fruit Market. From 1974 to 1977 alone, over 2,000 corruption cases were handled, with many senior police and political officials brought down, rapidly reversing Hong Kong's corrupt atmosphere. "Four Great Detectives" The ICAC's "first battle" after its establishment shook Hong Kong: through negotiations with the British government, Godber was extradited from the UK to Hong Kong for trial. Godber was ultimately sentenced to 4 years in prison, and all the embezzled funds were recovered. Subsequently, ICAC investigated major cases such as the "Four Great Detectives" (Leoi Lok, Ngaan Hung, etc.) and the corruption syndicate in Yau Ma Tei Fruit Market. From 1974 to 1977 alone, over 2,000 corruption cases were handled, with many senior police and political officials brought down, rapidly reversing Hong Kong's corrupt atmosphere.

The "first battle" after the establishment of ICAC shook Hong Kong: through negotiations with the British government, Godber was extradited from the UK to Hong Kong for trial. In the end, Godber was sentenced to 4 years in prison and all the stolen money involved was recovered. Subsequently, ICAC successively investigated and dealt with major cases such as the "Four Great Detectives" (Leoi Lok, Ngaan Hung, etc.) and the corruption group in Yau Ma Tei Fruit Market. From 1974 to 1977 alone, more than 2000 corruption cases were investigated and dealt with, and many senior police and political officials were arrested, quickly reversing the corrupt atmosphere in Hong Kong.

After the handover, ICAC continued to play a role under the "One Country, Two Systems" framework: in 2003, it investigated the "Home Ownership Scheme short piling case" (builders cutting corners), in 2012 it handled corruption cases in the Hong Kong Housing Authority, and in 2021 it cracked cross-border money laundering and corruption syndicate cases... Today, "ICAC" is not only the name of an institution but also a symbol of Hong Kong's "integrity and rule of law" — according to a survey by the University of Hong Kong, over 90% of Hong Kong citizens trust the work of the ICAC, ranking it among the top anti-corruption agencies worldwide. 居屋短桩案”（建筑商偷工减料），2012年查办香港房屋委员会贪腐案，2021年侦破跨境洗钱及贪腐集团案…… 如今，“ICAC”不仅是一个机构名称，更成为香港“廉洁、法治”的象征 —— 据香港大学调查，超过90%的香港市民对ICAC的工作表示信任，这一信任度在全球反贪机构中名列前茅。

II. Organizational structure: The "three carriages" coordinate to fight, how precise is the internal operation of ICAC?

The Execution Department is the most closely watched department of ICAC, equivalent to the "Anti-Corruption Investigation Team," accounting for about 60% of the total ICAC personnel. It includes the Investigation Division, Intelligence Division, Cross-border Case Division, etc. Its core function is to "accept corruption reports, conduct investigations and evidence collection, and propose prosecution recommendations"—whether it involves bribery of civil servants, commercial bribery by enterprises, election fraud, or cross-border corruption, as long as it involves behaviors such as "corruption," "bribery," or "abuse of power" as stipulated by Hong Kong law, the Execution Department has the authority to investigate.

For example, if citizens discover that a public official has accepted red envelopes and violated regulations, they can report it through ICAC's 24-hour reporting hotline (2526 6366), online platforms, or in person at the ICAC headquarters. The Execution Department will immediately initiate a secret investigation: retrieving bank statements, surveillance footage, interviewing witnesses, and even conducting surveillance and searches with court authorization. It is worth noting that investigators in the Execution Department undergo strict training, are proficient in legal and investigative skills, and must pass "integrity checks" (including background investigations and financial audits) to ensure their own integrity.

For example, a public hospital in Hong Kong once had a situation where "doctors recommended patients to designated pharmacies to buy drugs and accepted kickbacks." After the intervention of the Corruption Prevention Department, the hospital was promoted to establish a "drug procurement open bidding system" and a "doctor-recommended drug filing system," which eliminated benefit transfers in the process. For private enterprises, the Corruption Prevention Department issues "Guidelines for Business Ethics" to guide companies in establishing anti-bribery compliance systems (such as supplier integrity reviews and employee codes of conduct), which is also a key reference for many mainland enterprises investing in Hong Kong.

(3) Community Relations Department: Bringing anti-corruption "into the streets and alleys," acting as a "disseminator" of clean culture

ICAC deeply understands that anti-corruption cannot rely solely on "investigations" but also requires public support and participation. The Community Relations Department's responsibility is to "cultivate citizens' awareness of integrity through education and publicity and encourage the public to report corruption"—from conducting "integrity classes" in primary and secondary schools to placing anti-corruption advertisements in subways and on television, and even producing easy-to-understand anti-corruption manuals (such as "Merchant Anti-Corruption Guide" and "Civil Servant Integrity Handbook"), all of which are daily tasks of the Community Relations Department.

For example, if citizens discover that a public official has violated regulations by accepting red envelopes, they can report it through the ICAC's 24-hour reporting hotline (2526 6366), online platforms, or in person at the ICAC headquarters. The enforcement department will immediately initiate a secret investigation: retrieving bank statements, surveillance footage, interviewing witnesses, and even conducting surveillance and searches with court authorization. It is worth noting that the investigators in the execution department have undergone strict training, not only proficient in legal and investigative skills, but also required to pass "integrity checks" (including background checks and financial audits) to ensure their own integrity.

如果说执行处是“事后追责”，防止贪污处就是“事前预防”—— 它的核心任务是“找出容易滋生贪污的制度漏洞，推动政府和企业完善监管”。根据《廉政公署条例》，防止贪污处有权查阅政府部门、公共机构的规章制度，甚至可以要求私营企业（如银行、地产公司）提供内部管理文件，针对可能引发贪腐的环节（如招标流程、审批权限）提出修改建议。

If the execution department is responsible after the fact, the corruption prevention department is proactive - its core task is to identify institutional loopholes that are prone to corruption and promote the government and enterprises to improve supervision. According to the Regulations of the Independent Commission Against Corruption, corruption prevention department has the right to review the rules and regulations of government departments and public institutions, and may even require private enterprises (such as banks and real estate companies) to provide internal management documents, and propose modification suggestions for links that may trigger corruption (such as bidding processes and approval limits).

例如，香港某公立医院曾存在“医生推荐病人到指定药店买药并收受回扣”的情况，防止贪污处介入后，推动医院建立“药品采购公开招标制度”和“医生推荐药品备案系统”，从流程上杜绝了利益输送；对于私营企业，防止贪污处会发布《商业道德指引》，指导企业建立反贿赂合规体系（如供应商廉洁审查、员工行为准则），这也是许多赴港投资的内地企业需要重点参考的内容。

For example, a public hospital in Hong Kong once had the situation of "doctors recommending patients to designated pharmacies to buy drugs and accepting kickbacks". After the intervention of the corruption prevention department, the hospital was promoted to establish a "drug procurement open bidding system" and a "doctor recommended drug filing system", which eliminated the transfer of benefits in the process; For private enterprises, the corruption prevention department will issue the "Guidelines for Business Ethics" to guide them in establishing an anti bribery compliance system (such as supplier integrity review and employee code of conduct), which is also a key reference for many mainland enterprises investing in Hong Kong.

ICAC深知，反贪不能只靠“查案”，更要靠市民的支持与参与。社区关系处的职责就是“通过教育和宣传，培养市民的廉洁意识，鼓励公众举报贪腐”—— 小到走进中小学开设“廉洁课堂”，大到在地铁、电视投放反贪广告，甚至制作通俗易懂的反贪手册（如《商户防贪指南》《公务员廉洁手册》），都是社区关系处的日常工作。

The most classic case is ICAC's "Integrity Education Program": targeting primary and secondary schools in Hong Kong, developing the "Integrity Ambassador" curriculum to teach students to identify "corrupt behavior" through skits, comics, and other forms; for civil servants, conducting annual "integrity training" clarifying details such as the "upper limit on banquet acceptance" and the "gift registration system"; for enterprises, holding "Business Integrity Forums" inviting judges and lawyers to interpret the "Prevention of Bribery Ordinance" to help companies avoid compliance risks. This "whole society participation" anti-corruption model has made "integrity" a consensus in Hong Kong society.

In addition, ICAC also has an administrative headquarters responsible for personnel, finance, logistics, and other support work — it is worth mentioning that ICAC's financial budget is independent of the government's general budget, directly approved by the Hong Kong Legislative Council, and all expenditures are subject to independent audits to ensure that "anti-corruption funds are not misused."

3. Statutory powers: Where is the boundary of ICAC's power behind the "no blind spots" investigation authority?

The ICAC in Hong Kong films seems "omnipotent," but in reality, its power is not "unlimited" — all powers come from explicit authorization by laws such as the Independent Commission Against Corruption Ordinance and the Prevention of Bribery Ordinance, and are strictly constrained. Specifically, ICAC's core statutory powers can be divided into four categories:

(1) Investigation power: "penetrating" evidence collection, banks and enterprises cannot refuse

(2) Arrest and search power: requires court authorization to prevent "arbitrary law enforcement"

Many people mistakenly believe that ICAC can "arrest people at will," but in reality, its arrest and search powers are strictly limited:

根据《廉政公署条例》第17条，ICAC调查人员有权：要求任何人士（包括政府官员、企业高管、银行职员）提供与贪腐案件相关的文件（如合同、账本、银行流水），若拒绝提供，可处6个月监禁及5万港元罚款；传唤证人到廉署接受讯问，证人需如实作证，若作伪证，可处7年监禁及10万港元罚款；查阅公共机构的所有记录（如土地登记、公司注册信息），甚至可以要求跨境机构（如香港金融管理局、国际刑警组织）协助调取境外证据（如海外银行账户）。

According to Article 17 of the Independent Commission Against Corruption Ordinance, ICAC investigators have the right to request any person (including government officials, corporate executives, and bank employees) to provide documents related to corruption cases (such as contracts, account books, and bank statements). If they refuse to provide them, they may be sentenced to six months' imprisonment and a fine of HKD 50000; Summon witnesses to the ICAC for questioning, and witnesses must testify truthfully. If they give false testimony, they may be sentenced to 7 years in prison and a fine of HKD 100000; Access all records of public institutions (such as land registration, company registration information), and even request cross-border institutions (such as the Hong Kong Monetary Authority, Interpol) to assist in retrieving overseas evidence (such as overseas bank accounts).

例如，在调查某官员贪腐案时，ICAC可直接要求香港所有银行提供该官员及其家人的账户流水，若发现资金流向异常（如突然收到大额匿名转账），可进一步追查资金来源；对于跨境贪腐，ICAC可通过《多边反贪公约》请求内地、新加坡等司法管辖区协助冻结涉案资产。

For example, when investigating a corruption case involving an official, ICAC can directly request all banks in Hong Kong to provide the account statements of the official and their family members. If abnormal fund flows are found (such as sudden receipt of large anonymous transfers), the source of the funds can be further traced; For cross-border corruption, ICAC can request assistance from jurisdictions such as mainland China and Singapore to freeze assets involved through the Multilateral Convention against Corruption.

许多人误以为ICAC可以“随便抓人”，但实际上，其逮捕和搜查权受到严格限制：

Many people mistakenly believe that ICAC can "arrest people at will", but in reality, its arrest and search powers are strictly limited:

逮捕：必须有“合理怀疑”（如掌握初步贪腐证据），且需在逮捕后48小时内将嫌疑人移交裁判法院，由法官决定是否批准保释；

Arrest: There must be a "reasonable suspicion" (such as obtaining preliminary evidence of corruption), and the suspect must be transferred to a court within 48 hours of arrest for the judge to decide whether to approve bail;

搜查：必须向法庭申请“搜查令”，明确搜查的地点、范围（如“仅限嫌疑人的办公室和住宅”），且搜查时需有独立见证人（如社区代表）在场，防止滥用权力。

Search: A "search warrant" must be applied to the court, specifying the location and scope of the search (such as "limited to the suspect's office and residence"), and independent witnesses (such as community representatives) must be present during the search to prevent abuse of power.

In 2018, during an investigation into a bribery case involving a real estate company, ICAC was found by the High Court to have violated the search procedure due to "the search warrant not clearly indicating the type of documents to be searched", and the relevant evidence could not be presented as evidence in court — this case also reflects the checks and balances of ICAC's power by the Hong Kong judiciary.

In 2018, during an investigation into a bribery case involving a real estate company, ICAC was found by the High Court to have violated the search procedure due to "the search warrant not clearly indicating the type of documents to be searched", and the relevant evidence could not be presented as evidence in court - this case also reflects the checks and balances of ICAC's power by the Hong Kong judiciary.

To prevent corrupt individuals from transferring stolen funds, the ICAC Ordinance grants ICAC the "asset freezing power": during the investigation period, ICAC may apply to the court to freeze the bank accounts, properties, stocks, and other assets of the persons involved, with a maximum freezing period of 2 years; if the case is ultimately convicted, the court may order the confiscation of the assets involved (including the proceeds of corruption and related gains).

To prevent corrupt individuals from transferring stolen funds, ICAC Ordinance grants ICAC the "asset freezing power": during the investigation period, ICAC may apply to the court to freeze the bank accounts, properties, stocks and other assets of the persons involved, with a maximum freezing period of 2 years; If the case is ultimately convicted, the court may order the confiscation of the assets involved (including the proceeds of corruption and related gains).

For example, in 2020, a Hong Kong public official was frozen by ICAC for accepting HKD 10 million in bribes from a developer, resulting in the freezing of three properties and HKD 20 million in bank deposits. The court not only sentenced him to 5 years in prison, but also confiscated all assets involved — this power effectively deterred the act of "transferring assets after corruption."

For example, in 2020, a Hong Kong public official was frozen by ICAC for accepting HKD 10 million in bribes from a developer, resulting in the freezing of three properties and HKD 20 million in bank deposits. The court not only sentenced him to 5 years in prison, but also confiscated all assets involved - this power effectively deterred the act of "transferring assets after corruption".

ICAC is responsible for investigating corruption, but does not have the authority to directly prosecute — after the investigation is completed, ICAC needs to transfer the case materials to the Department of Justice, which will independently decide whether to prosecute (i.e., the principle of "separation of investigation and prosecution"). The purpose of this system design is to prevent ICAC from acting as both an 'investigator' and a 'prosecutor', ensuring the objectivity of prosecution decisions.

ICAC is responsible for investigating corruption, but does not have the authority to directly prosecute. After the investigation is completed, ICAC needs to transfer the case materials to the Department of Justice, which will independently decide whether to prosecute (i.e. the principle of "separation of investigation and prosecution"). The purpose of this system design is to prevent ICAC from acting as both an 'investigator' and a 'prosecutor', ensuring the objectivity of prosecution decisions.

"Who will supervise the supervisors?" This is a common problem faced by all anti-corruption agencies. The key to ICAC's ability to maintain integrity lies in its establishment of a "multi-level, all-round" supervision system to ensure that power is not abused:

Who will supervise the supervisors? This is a common problem faced by all anti-corruption agencies. The key to ICAC''s ability to maintain integrity lies in its establishment of a "multi-level, all-round" supervision system to ensure that power is not abused:

According to the ICAC Ordinance, Hong Kong has established the "ICAC Complaints Committee" (referred to as the "Complaints Committee"), which is composed of 7-9 independent individuals (including judges, lawyers, scholars, business representatives, etc., all appointed by the Chief Executive and not affiliated with the ICAC). The responsibility of the Complaints Committee is to "receive public complaints about ICAC personnel (such as abuse of power, violent law enforcement), and independently investigate and verify."

According to ICAC Ordinance, Hong Kong has established the "ICAC Complaints Committee" (referred to as the "Complaints Committee"), which is composed of 7-9 independent individuals (including judges, lawyers, scholars, business representatives, etc., all appointed by the Chief Executive and not affiliated with the ICAC). The responsibility of the Complaints Committee is to 'receive public complaints about ICAC personnel (such as abuse of power, violent law enforcement), and independently investigate and verify'.

For example, if citizens believe that ICAC investigators damaged personal property during a search, they can file a complaint with the Complaints Committee. The Complaints Committee has the right to review ICAC's investigation records, summon relevant personnel to testify, report the investigation results to the Chief Executive, and make them public (except for confidential information). In 2023, the Complaints Committee received a total of 32 complaints, of which 2 were found to have procedural flaws, and ICAC imposed disciplinary actions (including warnings and job transfers) on the relevant personnel.

For example, if citizens believe that ICAC investigators damaged personal property during a search, they can file a complaint with the Complaints Committee. The Complaints Committee has the right to review ICAC's investigation records, summon relevant personnel to testify, report the investigation results to the Chief Executive, and make them public to the public (except for confidential information). In 2023, the Complaints Committee received a total of 32 complaints, of which 2 were found to have procedural flaws, and ICAC imposed disciplinary actions (including warnings and job transfers) on the relevant personnel.

The Hong Kong court has the "final review power" over ICAC's investigative actions — whether it is arrest, search, or asset freeze, ICAC needs to obtain court authorization; if ICAC's actions violate legal procedures (such as unlicensed searches or illegal listening), the court may rule that the relevant evidence is invalid or even dismiss the case.

The Hong Kong court has the "final review power" over ICAC's investigative actions - whether it is arrest, search, or asset freeze, ICAC needs to obtain court authorization; If ICAC's actions violate legal procedures (such as unlicensed searches or illegal listening), the court may rule that the relevant evidence is invalid or even dismiss the case.

The Hong Kong Legislative Council passes "financial approval" and "inquiry mechanism" to supervise ICAC:

Financial supervision: ICAC's annual budget must be submitted to the Legislative Council's Finance Committee for review. Legislative Council members can question the use of the budget (such as investigation funds and publicity expenses), and ICAC must respond item by item;

Policy supervision: The Legislative Council can establish a "special committee" to investigate ICAC's work (such as the effectiveness of anti-corruption policies), and ICAC must cooperate by providing relevant documents and testimony.

In 2022, the Legislative Council questioned the "insufficient anti-corruption publicity of ICAC for private enterprises," which ultimately led to ICAC increasing the distribution of the "Integrity and Compliance Guidelines" for small and medium-sized enterprises — reflecting the Legislative Council's role in "correcting and improving" ICAC's work.

(4) Internal discipline: the code of conduct of "being strict with oneself"

Within ICAC, there is a "Disciplinary Committee" that has established a strict "Code of Conduct for ICAC Personnel": investigators are prohibited from accepting any gifts (even souvenirs worth HKD 100), from having private contact with individuals involved in cases, and even from disclosing case information to family members during investigations — violations may result in dismissal or even criminal charges.

Additionally, all financial status of ICAC personnel must be regularly declared (including salaries, investments, real estate, etc.). If abnormal income is found, an internal investigation will be immediately initiated. This strict self-discipline ensures the integrity of ICAC personnel.

5. What insights does ICAC's "anti-corruption code" provide for visitors to Hong Kong?

On a personal level, if corrupt behavior is discovered, it can be reported through ICAC's formal channels (specific evidence should be provided, such as transfer records and chat screenshots), and the informant's information will be strictly confidential.

In terms of cross-border cooperation, in the construction of the Guangdong-Hong Kong-Macao Greater Bay Area, ICAC has established a cross-border anti-corruption cooperation mechanism with mainland supervisory authorities (such as the Guangdong Provincial Supervisory Commission). Enterprises need to pay attention to the alignment of anti-corruption policies in both places (such as the standards for identifying cross-border commercial bribery).

Nowadays, ICAC is not only Hong Kong's "anti-corruption agency" but also a "benchmark" in the global anti-corruption field. Its practice proves that integrity is not innate but is jointly forged by the rigidity of the system, the strength of enforcement, and the participation of the entire population. The next time we watch ICAC scenes in Hong Kong films, perhaps we can understand more deeply — behind those scenes is a true reflection of Hong Kong's spirit of the rule of law.

In addition, all financial status of ICAC personnel must be regularly reported (including salaries, investments, real estate, etc.), and if any abnormal income is found, an internal investigation will be immediately initiated. This strict discipline requirement ensures the integrity of ICAC personnel themselves.

从港片里的“铁血形象”到现实中的“廉洁守护者”，ICAC的成功并非偶然 —— 它的核心“密码”在于“独立的地位、专业的能力、严格的监督”。对于想赴港投资、工作或生活的内地企业和个人来说，了解ICAC不仅是“规避法律风险”的需要，更是“融入香港法治环境”的关键：

From the "iron blooded image" in Hong Kong films to the "honest guardian" in reality, the success of ICAC is not accidental - its core "code" lies in "independent status, professional ability, and strict supervision". For mainland enterprises and individuals who want to invest, work or live in Hong Kong, understanding ICAC is not only a need to "avoid legal risks", but also a key to "integrating into Hong Kong's legal environment":

对企业来说，需熟悉ICAC的《商业道德指引》，建立反贿赂合规体系（如供应商审查、员工培训），避免因“不懂当地规则”而触碰贪腐红线（如向公职人员赠送贵重礼品）。

For enterprises, it is necessary to be familiar with the ICAC's "Guidelines for Business Ethics", establish anti bribery compliance systems (such as supplier audits and employee training), and avoid crossing the red line of corruption due to "not understanding local rules" (such as giving valuable gifts to public officials).

个人层面，若发现贪腐行为，可通过ICAC的正规渠道举报（需注意提供具体证据，如转账记录、聊天截图），且举报人的信息会被严格保密。

On a personal level, if corrupt behavior is discovered, it can be reported through the formal channels of ICAC (specific evidence should be provided, such as transfer records and chat screenshots), and the informant's information will be strictly confidential.

而在跨境合作方面，在粤港澳大湾区建设中，ICAC与内地监察机关（如广东省监察委员会）已建立跨境反贪协作机制，企业需关注两地反贪政策的衔接（如跨境商业贿赂的认定标准）。

In terms of cross-border cooperation, in the construction of the Guangdong Hong Kong Macao Greater Bay Area, ICAC has established a cross-border anti-corruption cooperation mechanism with mainland supervisory authorities (such as the Guangdong Provincial Supervisory Commission), and enterprises need to pay attention to the connection between anti-corruption policies in the two places (such as the identification standards for cross-border commercial bribery).