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Following is a question by the Hon Emily Lau and a written reply by the Chief Secretary for Administration, Mrs Carrie Lam, in the Legislative Council today (November 26):
Question:
The Chief Executive (CE) of the last term announced on February 26, 2012 the establishment of the Independent Review Committee for the Prevention and Handling of Potential Conflicts of Interests (the Committee), and appointed the retired Chief Justice of the Court of Final Appeal as its Chairman. The Committee was responsible for reviewing the regulatory systems for the prevention of conflicts of interests concerning CE, Non-Official Members of the Executive Council, and Officials under the Political Appointment System. The Committee submitted its report (the Report) in May of the same year, putting forward 36 recommendations. The recommendations included enacting legislation to set up an Independent Committee to handle matters relating to granting approvals for solicitation and acceptance of advantages by CE, as well as amending the Prevention of Bribery Ordinance (the Ordinance) to apply section 3 of the Ordinance to CE and to stipulate that CE had to obtain permission from the Independent Committee for acceptance of any advantage. In this connection, will the executive authorities inform this Council:
(1) as it has been more than two and a half years since the Report was published, of the reasons why the authorities have not yet introduced to this Council any legislative proposal to amend the Ordinance, including the problems encountered; when the authorities expect the relevant proposals to be introduced to this Council;
(2) of the number of recommendations in the Report that the authorities have studied and dealt with so far; those recommendations that will be implemented in the coming year, as well as the recommendations that are not accepted by the authorities and the reasons for that; and
(3) whether the authorities have assessed if the non-implementation of the various recommendations in the Report after a long time will arouse public concern that the authorities do not have the commitment to deal with and prevent potential conflicts of interests concerning CE, Non-Official Members of the Executive Council, and Officials under the Political Appointment System; if they have assessed, of the outcome; if not, the reasons for that?
Reply:
President,
The Independent Review Committee for the Prevention and Handling of Potential Conflicts of Interests (IRC) submitted its report (the Report) on May 31, 2012, putting forward a total of 36 recommendations. These recommendations cover several major areas, including revisions to the Code for Officials Under the Political Appointment System (the PAO Code) currently applicable to PAOs for refining the regulatory regime for the declaration and handling of potential conflicts of interests, and the acceptance of advantages and entertainment; making recommendations on such matters as the Chief Executive's (CE) observance of related provisions in the PAO Code and the declaration system applicable to the Executive Council Members; as well as extending the application of sections 3 and 8 of the existing Prevention of Bribery Ordinance (POBO) to CE.
The incumbent CE stated on the day when the Report was released that he agreed in principle with the Report and would consider how to follow up and implement its specific recommendations.
As the recommendations on the revisions to POBO have constitutional, legal and operational implications and may have impact on the existing POBO, the Government needs to handle them prudently and study them in an in-depth and holistic manner. We will endeavor to complete the study as soon as possible and then consult the Legislative Council.
In fact, the Government has implemented more than half of the recommendations of the Report, including the revisions to the PAO Code to formulate regulations on the handling of potential conflicts of interests by PAOs, and their acceptance of advantages and entertainment; and the formulation of guidelines on the relevant issues. The Government attaches great importance to the recommendations of IRC and will continue to follow up on the outstanding recommendations proactively.
Ends/Wednesday, November 26, 2014
Issued at HKT 17:37
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