FAQ

1Is all information really confidential?

Yes, the CCAC deems confidentiality to be the order of the day. From the time when new staff is trained, confidentiality is emphasized as the most important principle. All staff are required to have ethical excellence, to pass a moral test and to provide a guarantor of virtue. Besides strict moral standards, work procedures and facilities are also well coordinated to ensure confidentiality. For example, report of case will be carried out in a private and soundproof chamber without windows. The CCAC is the first law enforcement department to have a comprehensive bilingual system, where no translation is needed for either Chinese or Portuguese corruption reports to be handed to the Commissioner. Moreover, independent investigation is exercised. Therefore, questioning and interference into cases not directly assigned to a particular investigator or agent will strictly be forbidden. Every case is exposed only to the appointed few staff, and if the investigators find that the case involves their relatives or friends, the situation must be immediately reported to their superior and they must leave hold of the case.

2Would an anonymous report be investigated?

The CCAC investigates every corruption report. As long as sufficient details are provided, it does not matter if the report is anonymous or not. However, the CCAC encourages complainants to come forth and report in person so that the investigators can act promptly and more effectively. Let alone that the CCAC uses every legal and probable means to protect the informant, if the informant is determined to remain anonymous, the CCAC will not record his/her identity.

3Is there any witness protection program? Is there anyone who has ever asked for protection?

There is no witness protection system for the mean time. However, there have been requests for protection from certain informants or witnesses. In those cases, not only the informants or witnesses were well protected, but also the suspects successfully penalized. In order to improve this aspect, the new Organizational Law of the CCAC has vested it with power to strengthen the facilities that protect and ensure the safety of the informants.

4Will the CCAC take initiative action?

Of course!

5Will any report be destroyed privately?

This is definitely impossible. The CCAC has a very strict control on the procedures of installing a case in file for investigation and prosecution. The Commissioner and the Assistant Commissioners study and analyze every corruption report content. Then, they will decide if they should open a new file for the report, to file it with some other cases, or to transfer the case to other departments. In other words, all corruption reports will be thoroughly studied.

6Should I report suspected corruption to the CCAC if I do not have any evidence?

Investigation and collection of evidence are the responsibilities and the mission of the CCAC. Therefore, it is encouraged to report any matter which is genuinely believed to involve corruption even if there is no direct evidence. Investigation will be facilitated once there is a report and the CCAC welcomes any information that may be related to corruption.

7How can the CCAC ensure that people cannot frame innocent people by making false corruption complaints?

Although anonymous reports are accepted and processed, the CCAC handles these reports with special care so that no false accusations can be made. People who maliciously make false corruption reports are liable to prosecution because it is an offence under Criminal Code no. 329 to knowingly give false information or make a false accusation to the CCAC. Any person convicted of such an offence shall be liable to an imprisonment of one to three years.

8What are illicit advantages?

Firstly, we have to define "advantages". "Advantages" include pecuniary or non-pecuniary interests such as gifts, red packets, entertainment, offers, services and other monetary and non-pecuniary interests and advantages. Regardless of the authorisation from the superior, a civil servant, personally or through an intermediary, solicits or accepts a pecuniary or non-pecuniary advantage (no matter what the value is) as a reward for performing or refraining from performing an act (whether or not such act is in violation of his functional duties), those received advantages are illicit and he has committed the offence of bribery which also incurs disciplinary responsibility.

9If a department or a worker has received a gift without its/ his knowledge (e.g. the giver immediately leaves office after offering the gift), what should it/he do?

A department or a worker should immediately return the gift to the giver or hand it to the superior for handling. The superior should try every single means to return the gift. If it is unable to identify the giver (usually such circumstance does not exist), the superior can hand the gift to his superior for handling or handle the gift in an appropriate way (e.g. if the food is perishable, it can be shared by all workers).

10If a civil servant is personally invited to a party with no relation to his official capacity by an association or a private institution, can he accept the invitation? Is he obliged to ask for instructions from the superior?

Even if the civil servant is invited personally, he must take into account that the food and drinks be consumed and the entertainment connected with be enjoyed on the occasion. Moreover, the occasion, recipient, nature and value of the entertainment and the gifts should be reasonable and appropriate such that the image of the department as well as the principle of impartiality involved in the exercise of public duties should not be impaired. The worker should ask for instructions from the superior in case of any doubt.

11If a civil servant is invited to participate in a party in his official capacity and wins a lucky draw prize, can he accept it?

We have to be clear that when a civil servant participates in the occasion in his official capacity, he is representing his department and is actually at work. Therefore, he should always mind his p's and q's as well as his conduct. Moreover, he should always avoid participating in lucky draw of the party. If he cannot avoid it and wins a lucky draw prize, the prize should be handed to his superior. If it is an exchanged present or a lucky draw prize involving an internal activity organised by the department, the worker can accept it.

12How should the superior handle the lucky draw prizes and other souvenirs handed by the worker?

For the lucky draw prizes handed by the worker, he can hand them to his superior or they can serve as the lucky draw prizes for the party organised by the department. However, concerning small souvenirs which are for courtesy purposes or of nominal value, they can be kept at the department or returned to the worker (e.g. pins and tie clips offered by an association or an institution can be kept by the worker). For small gifts or souvenirs offered by other department/institution which are for the purpose of promotion (e.g. calendars, pens, rulers), the worker can accept them.

13If a civil servant participates in a party organised by the association of civil servants as a member of the association with his family members and wins a lucky draw prize, can he accept it?

It should be understood that the worker participates in the activity as a member of the association. Being a civil servant, he can enjoy the freedom of association like any other residents. Therefore, both the civil servant and his relatives can accept the lucky draw prize won at the party.