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ICAC: Search of newspapers has legal basis
By Albert Au-yeung (China Daily HK Edition)
Updated: 2004-07-27 09:21
The Independent Commission Against Corruption (ICAC) yesterday again defended
its search of several newspapers on Saturday for evidence relating to an ongoing
investigation, saying the operation had a legal basis.
Daniel Li Ming-chak, acting ICAC commissioner, denied that the search was an
over-reaction.
"In conducting this investigation and searches, the ICAC has considered very
carefully the need to strike a balance between the freedom of the press and the
administration of justice," he said.
He stressed that the search was empowered by High Court judges, who were
satisfied that the conditions for granting the warrants were fulfilled.
The conditions were that the evidence must be of great value in relation to
the crime the ICAC was investigating and that they could not be obtained in
other places. The court was also convinced that the operation would serve the
public interest.
Li also clarified that the ICAC took investigative action after receiving a
referral from the Justice Department, but it was not acting upon the
department's instructions.
The ICAC's operation and subsequent explanation was also supported by
government officials.
The chief executive was notified in advance of the event, said a spokesman
for the Chief Executive's Office last night.
He said that the CE did not intervene in the ICAC operation so as to observe
"past practice" and because he believed that the ICAC would discharge its duties
impartially and in accordance with the law.
"The government is always striving to safeguard freedom of the press and
uphold the rule of law, and there is adequate legislation to do so," the
spokesman stressed.
The ICAC's Saturday operation on newspapers triggered a strong outcry from
the industry.
The search was launched following the newspapers' alleged divulging of the
name of a protected witness who was connected to the anti-graft body's
investigation into a bribery case involving a listed company.
Sing Tao Daily said it was seeking legal advice as to whether it should apply
to the court to revoke the ICAC's search warrant; and Apple Daily was
considering lodging a complaint with the CE and ICAC's Operations Review
Committee.
Chief Secretary Donald Tsang pointed out that the secretary for justice and
the ICAC had given clear explanations of the searches and their legal basis.
He said that freedom of the press is fully protected by the law and is Hong
Kong's basic value. But Hong Kong is also a society that respects the rule of
law and judicial justice. He said he believed that Hong Kong people will
understand that there must be a balance between the two.
Explaining the ICAC's role in the court case, Secretary for Justice Elsie
Leung said that the court, when handling the case in question, felt that the
investigation was necessary, but since the Department of Justice was only
responsible for prosecution, the ICAC, an investigative body, was referred the
case.
Leung said that the ICAC has enough professionalism to decide whether or not
an operation is necessary and how to carry it out. She pointed out that press
freedom is already well protected by the law, which has established a balance
between press freedom and the rule of law.
She called upon the media not to reveal information when the disclosure is
prohibited by law.
Secretary for Security Ambrose Lee reassured the public that the ICAC always
act according to the law. Opinions may differ over whether the ICAC had
over-reacted in this case, but the government, including the ICAC, has always
respected freedom of the press, he said.
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