The Independent Commission Against Corruption obtained court-issued search warrants and fully considered all legal aspects before searching for and seizing relevant materials from several media organisations, acting Commissioner Daniel Li says.
Mr Li said the commission did not over-react to the case involving an alleged conspiracy to pervert the course of justice, and the ICAC has every respect for press freedom.
Commenting on last Saturday's operation, Mr Li said it followed an ICAC investigation into matters the Secretary for Justice had referred to the commission. The Court of Appeal had asked the Secretary to inquire as to whether an offence under Section 17(1) of the Witness Protection Ordinance or other criminal offences had been committed.
The ICAC therefore had a duty to investigate the matter and advise the Director of Public Prosecutions of the outcome.
Chief Executive informed of the operation
Chief Executive Tung Chee Hwa has been informed about the operation. In line with past practice, Mr Tung will not interfere with any independent investigations conducted by the ICAC.
He believes the ICAC will discharge its duties impartially and in accordance with the law.
A well-established system is in place to handle grievances and complaints. Any organisation or people dissatisfied with the operation can resolve the matter through legal channels and the existing mechanism.
ICAC strove to strike a balance
Mr Li stressed the commission had considered carefully the need to strike a balance between press freedom and the administration of public justice.
It will not conduct searches without warrants issued by courts, he said, and the searches should be conducted in relation to the case only, and in the public interest.
Under the warrant terms, materials seized will be sealed and retained for up to three days without being examined, subject to any application to the High Court for their return by the owners.
The investigation is still continuing and a file of evidence will be submitted to the Department of Justice for legal advice shortly.
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