The ICAC is obliged to investigate the disclosure of a protected witness' identity, the Department of Justice says.

They can investigate given their statutory duties under the Witness Protection Ordinance and their obligations under the memorandum of understanding signed by a witness who placed herself under ICAC protection.

The ICAC said the department never directed it to conduct the investigation. The department is in charge of prosecutions and does not conduct investigations, which are the responsibility of law enforcement agencies. The ICAC Commissioner only answers to the Chief Executive.

The ICAC will retain and deal with a case upon receipt of a corruption complaint which in turn leads to the disclosure of a non-corruption offence. Their investigation of the current complaint of unauthorised disclosure arose from a corruption case.

Whether the ICAC should apply to the court for a warrant to seize journalistic material is a matter of its professional judgement. The court decides whether a warrant for seizure should be granted.