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In line with past practice, Chief Executive Tung Chee-hwa will not interfere with any independent investigations conducted by the Independent Commission Against Corruption (ICAC).
The Chief Executive's Office said the existing mechanism to monitor the ICAC's operation has been operating well. A well-established system is also in place to handle grievances and complaints.
Any organization or people dissatisfied with the operation in question can resolve the matter through legal channels and the existing mechanism.
It made the remark after the Newspaper Society of Hong Kong expressed its dismay Tuesday over the search of seven newspapers by ICAC last Saturday
Tung has been informed that Operations Review Committee Chairman Andrew Chuang asked the ICAC to submit a report on the handling of a case "involving an alleged conspiracy to pervert the course of public justice", the office said in a statement.
"The government always strives to safeguard press freedom and the rule of law. Hong Kong has adequate legislation to safeguard press freedom," it said.
The searches were carried out after those newspapers revealed the name of a material witness, held under the Witness Protection Programme, in an on-going investigation of a bribery case involving the listed company Semtech International Holdings Ltd.
Earlier, a statement issued by the newspaper society at a press conference asked the chief executive "to pay close attention to the effect of the ICAC's action on press freedom in order to protect the free operation of the media".
It was the first time this trade association, which represents 13 local newspapers, had commented on the incident. Three of its member newspapers -- South China Morning Post, Ta Kung Pao and Sing Tao Daily -- were searched.
The ICAC operates independently and is accountable only to the CE.
Commenting again on the referral of the case to the ICAC, a spokesman of the Department of Justice (DJ) explained Tuesday that it was actually appropriate for the ICAC to investigate this witness case.
He pointed out that the controversy has arisen from the Semtech case that it has been investigating all along. Moreover, according to the Witness Protection Ordinance and the memorandum of understanding signed by the witness when receiving ICAC protection, the ICAC does have the obvious duty to probe into the case.
The DJ also pointed out that although the witness case does not involve bribery, it is more effective to let the ICAC investigate since it has in its possession all the necessary information and evidence.
In a related development, Andrew Lam, the solicitor once detained by the ICAC in relation to the case with five other persons but later released, complained in a press conference Tuesday that the ICAC took vindictive action against him.
He said that having to undergo detention for 41 hours by the ICAC was a serious blow to him. He did not rule out civil action against the anti-graft body.
Meanwhile, Wen Wei Po Tuesday warned of the affair being politicized in an editorial.
It pointed out that there are people who have deviated from the facts and legal concepts and are trying to blow the episode up. They are vilifying the ICAC by querying its motive behind the search operation, obviously trying to politicize the controversy.
"Hong Kong is a society that respects the rule of law. If the ICAC is suspected to have overstepped its authority or done anything illegal in its search operation, people are entitled to question the ICAC or even resort to litigations," it said.
(China Daily HK Edition July 28, 2004)
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