The Hong Kong Independent Commission Against Corruption (ICAC) attaches great significance to freedom of the press, said the anti-graft body's chief who cut short his vacation and returned to Hong Kong Friday.
Raymond Wong Hung-chiu, the ICAC commissioner, pledged to give more details of the reasons behind the search of seven newspapers last Saturday after the on-going legal proceedings are over.
Speaking at a press conference Friday evening at Chek Lap Kok Airport, Wong said the ICAC did have every respect for press freedom and understood how much society valued this freedom.
He also described the media as the ICAC's partner in combating corruption.
He stressed that the ICAC understood the sensitiveness of the issue and had acted in strict accordance with the law.
"The operation was not based on a hasty decision. It was carried out after careful deliberation to strike a balance between press freedom and the administration of justice," he said.
He said he could not divulge in detail the reasons behind the search of newspapers since there were on-going legal proceedings but promised to reveal more after the proceedings are over.
Before Wong came back to the SAR, Li Ming-chak, the acting commissioner, met three news industry associations earlier Friday to try and allay the worries of the industry.
After a meeting with the Hong Kong Journalists Association (HKJA) for two hours in the morning, Li said that both sides had a frank exchange. He reiterated that the ICAC respected press freedom, but it had to protect the safety of witnesses and administer justice.
Cheung Ping-ling, chairperson of HKJA, said that they had protested that the ICAC had used newsrooms as evidence rooms; and added that the ICAC's explanation had not alleviated their worries concerning press freedom.
Mak Yin-ting, executive director of HKJA, said that the ICAC knew about the gravity of searching newspapers, but quoted Li as saying that the ICAC had no alternative.
The HKJA also suggested that the law be amended so that newspaper representatives be allowed to give explanations in court to authorities concerned who were applying for warrants to search their newsrooms.
Li also met representatives from the Hong Kong News Executives' Association (HKNEA) and the Hong Kong Federation of Journalists in the afternoon.
May Ng Suk-mei, chairperson of HKNEA, claimed after the meeting that the searches had set a dangerous precedent because there would be fewer people revealing injustices to the media, something that would undermine the interests of society.
Meanwhile, Tony Kwok, ICAC's former deputy commissioner and head of operations, defended the graftbuster's search of seven newspapers as legal and proper.
He lashed out at certain legal academics and barristers who called on the ICAC to disclose details related to the search warrants as misleading the public.
"It is understandable that the newspapers are, on the ground of freedom of the press, unhappy with the ICAC raid. But I feel very saddened and disappointed by the comments of the legal practitioners because what they said did not conform with legal principles," he said.
"The ICAC has acted in full compliance with the legislation that confers the power of search and also applied to the High Court for search warrants. I am sure the judge had carefully studied the applications and asked many questions, and would not approve the warrants until he was satisfied."
Kwok said even one with a little knowledge of legal procedures knows it is inappropriate to disclose the information related to the search warrants.
This could lead to disclosure of evidence and the jeopardize the protection of witness(es) in the course of investigation, and therefore contravenes the sub judice principle, he said.
"Most people who do not have sound legal knowledge look up to the barristers. But I feel very saddened and disappointed that not only do they not explain well to the public but mislead the people."
However, another ex-ICAC officer, Stephen Char, said both the media and the ICAC should reflect on the incident.
Formerly a senior assignment officer with the Corruption Prevention Department, Char said the media should avoid treading on the thin line.
However, the ICAC could have acted in a benign way by first approaching the head or editor-in-chief of the newspapers for the required information.
(China Daily HK Edition July 31, 2004)
