Investigating Corruption (From Annual Report for 2005 and Resource Material Series No. 69, P 191-195, 2006, Simon Cornell, ed. -- See NCJ-217726)

• NCJ Number: 217732
• Author(s): Tony KWOK Man-wai
• Date Published: July 2006
• Length: 5 pages
• Sale Source: United Nations Asia and Far East Institute for the Prevention of Crime and Treatment of Offenders
• Publication Format: Book Chapter
• Publication Type: Issue Overview
• Language: English
• Country: Japan

Annotation

This article discusses success factors for an effective corruption investigation, focusing on corruption investigations in Hong Kong.

Abstract

Six main factors are highlighted as important to effective corruption investigations: (1) an effective complaint system; (2) an effective intelligence system to support investigations; (3) professional and dedicated investigators who have expertise in interviewing techniques and financial investigation; (4) proactive investigation methods, such as entrapment and undercover operations; (5) a system of protection for whistle-blowers and key witnesses; and (6) international cooperation. The author argues that legislation should be strengthened to provide a proper balance between human rights and effective law enforcement. Toward this end, two proposals are offered: (1) constraints should be placed on a suspect’s right of silence, and (2) telephone intercepts should be allowed to be entered into evidence. The author notes that Hong Kong has been noted for its successful model in fighting corruption, turning the city from one of the most corrupt under colonial government to one of the least corrupt cities in the world. The difficulties of investigating corruption are identified and include the absence of a crime scene and the absence of eye witnesses. The links between corruption and organized crime are discussed before the author moves on to a discussion of the prerequisites for an effective corruption investigation. Several prerequisites are identified, among them are: (1) the investigation should be politically independent; (2) adequate investigative power should be allowed; (3) adequate resources should be allocated; and (4) investigations should be conducted covertly and confidentially. Methods of investigation corruption are also identified and include: (1) investigating past offenses; (2) investigating current corruption offenses; (3) the use of proper interviewing techniques; (4) and the allocation of strong operational investigative support, such as intelligence support, surveillance support, and technical services support.