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A Study On The History Of Anti - Corruption Legislation In Hong Kong

Posted on:2015-10-13Degree:MasterType:Thesis
Country:ChinaCandidate:X Y GaoFull Text:PDF
GTID:2176330422981091Subject:Legal history
Abstract/Summary:PDF Full Text Request
Corruption is a kind of disease in society. How to fight against corruption is a concernfor the governments and scholars in the world. Hongkong, which used to be theseverely corruption-afflicted area, is deemed as the most honest city in the world.How does this kind of change happen? How are the anti-corruption legislationworking for this change? And how to take advantage of this kind of legislation? Inthis paper, in hope of exploring the experience for the anti-corruption legislation inmainland China, the author does research on the history of the anti-corruptionlegislation in Hongkong by reviewing its dynamic development, pattern andexperience.Based on the existing research and literature, this paper consists of three chapters.There are four stages in the history of anti-corruption legislation in Hongkong,namely the English Common Law, Misdemeanors Punishment Ordinance, Preventionof Corruption Ordinance, Prevention of Bribery Ordinance and IndependentCommission Against Corruption Ordinance. The first chapter includes thelognitudinal introduction to the substance and history of anti-corruption legislation inHongkong by reviewing those four stages and the author also evaluates the practicaleffect of the legislation in each stage. In the second chapter, the author brieflysummerizes each revise on a macro level. The quantitative ananlysis of each revisesince1970results in the conclusion that the focus of the revise is the adjustment ofthe anti-corruption investigative power. And this adjustment turns out to be changingfrom expansion to shrink. It is similar to the process of “put on the teeth” to “put onthe braces”. The author analyzes Possession of unexplained property, Misconduct inpublic office and power of investigating the chief executive. In the third chapter, theauthor puts forward the enlightenment of the history of anti-corruption in Hongkongfrom four aspects which are the dynamic legislation, the gurantee of the law, the willof the people and the determination of the leader, the impetus of anti-corruption legislation and zero-tolerance of corruption, the direction of anti-corruptionnlegislation and the development of related mechanisms. The author draws theconclusion that the corruption is not a matter of races but relates to the power,expecially the unrestricted absolute power. The anti-corruption can only work with theinternal and external improvment.
Keywords/Search Tags:Hong Kong, Corruption, Anti-corruption, Legislation, ICAC
PDF Full Text Request
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