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The SAR government will make every effort to safeguard freedom of the press and the rule of law, a government spokesman said Sunday.
The statement was made after the Independent Commission Against Corruption (ICAC) came under fire for searching six newspaper offices for evidence relating to a case it was investigating.
"Freedom of the press and the rule of law are the cornerstones of Hong Kong's success. The SAR government will make every effort to safeguard them," the spokesman said. He pointed out that the ICAC had all along been conducting investigations according to the powers vested by the law.
"We believe members of the community share the view that there should be no interference with the lawful discharge of such powers to ensure the rule of law in Hong Kong."
He suggested that individuals or organizations wishing to express their views on ICAC's handling of individual cases may do so to the ICAC Complaints Committee. Those affected may also pursue the matter through the available channels.
The drama began on Saturday when the ICAC arrested some people in connection with an on-going investigation into a listed company concerning stock-price rigging.
Those arrested, including the company's chairman, were alleged to be perverting the course of justice; of perjury; and violating the witness protection programme.
The key figure in the case is a female secretary of the company who is believed to be held by the ICAC under its witness protection programme. The woman's name was quoted in the news reports of six newspapers whose offices were subsequently searched by the ICAC on Saturday. The newspapers were South China Morning Post, Apple Daily, Sing Tao Daily, Ta Kung Pao, Oriental Daily and the Sun.
The commission's raid on newspapers sparked strong reaction from the industry.
Both Oriental and Sing Tao Daily lashed out at the ICAC for "infringement on freedom of the press and violation of the principle of protecting information sources".
The Hong Kong News Executives' Association expressed its deep concern over the issue and queried the necessity for the ICAC to use a search warrant to obtain the assistance of journalists in the case.
Sunday, Edward Chen, Press Council chairman, accused the ICAC of over-reacting. He urged the chief executive to review the ICAC's action and announce as soon as possible the true reasons behind it.
He said that the newspapers involved had merely reported a chamber hearing and could at most be indicted for contempt of the court. There was no corruption involved; and the ICAC could have asked the newspapers concerned for explanation and information, but such drastic action as raiding newspaper offices was not warranted.
In response to criticism of its actions, an ICAC spokesman said Sunday that the searches were carried out after the Court of Appeal requested the secretary for justice to examine whether the Witness Protection Ordinance had been breached. During the operation, the commission had already done its utmost to strike a balance between the protection of press freedom and the protection of justice.
Since the case involved sensitive news material and press freedom, the commission had to use a search warrant issued by the High Court, the spokesman said. The ICAC did not arrest anybody during the operation; and some reporters were only invited to assist in the investigation, the spokesman clarified.
(China Daily HK Edition July 26, 2004)
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