3 rd Meeting of the Anti-Corruption Agencies (ACA) Forum Minutes of Meeting Venue: Room 2011, 20/F, ICAC Building, 303 Java Road, North Point, Hong Kong Date: 10 December 2007 Time: 10:30 a.m. 12:00 noon. Agenda Opening remarks by Mr. Daniel LI Deputy Commissioner Head of Operations, ICAC, Hong Kong Discussion on the way forward of the Anti-Corruption Agencies (ACA) Forum
2 List of Participants AUSTRALIA NSW ICAC, Australia Mr. Jerrold CRIPPS, Commissioner HONG KONG Independent Commission Against Corruption Mr. Daniel LI, Deputy Commissioner and Head of Operations Mr. Ryan WONG, Director of Investigation (Government Sector) Mr. Daniel SO, Secretary Ms. Irene WANG, Assistant Secretary INDONESIA Corruption Eradication Commission Mr. Taufiequrachman Ruki, Chairman Mr. Tumpak Hatorangan Panggabean, Vice Chairman Mr. Adil Surowidjojo, Functional Staff Mr. Jan Maringka, Interpreter KOREA Korea Independent Commission Against Corruption (KICAC) Mr. CHANG Tae-pyong, Secretary-General Mr. HONG Hyun-sun, Director-General Ms. YUN Kyung-eun, Interpreter MALAYSIA Anti-Corruption Agency Mr. Ahmad Khusairi Yahaya, Assistant Commissioner Mr. Idris Zaharuddin, Assistant Commissioner Mr. WOON Mon Cheong, Superintendent SINGAPORE Corrupt Practices Investigation Bureau Mr. SOH Kee Hean, Director Mr. WONG Pong-yen, Deputy Head of Investigation
3 1. The meeting commenced at 10:30 a.m. with members listed in the preceding page attending. 2. Mr. Daniel LI, as the facilitator of the meeting, welcomed the five anti-corruption agency heads and their colleagues to the meeting. He recapitulated the history of the Anti-Corruption Agencies (ACA) Forum (the Forum) the first and second meeting of which was respectively organized by the local anti-corruption authority in Seoul, Korea in November 2002 and in Kuala Lumpur, Malaysia in October 2004. At the conclusion of the second meeting, the hosting authority, Anti-Corruption Agency of Malaysia invited the attending members Hong Kong, Korea and Singapore to host the next meeting. However, the date and the venue for the next meeting were not fixed. In the interim period, Indonesia joined the Forum as a member. 3. Mr. LI pointed out that since the setting up of the Forum in 2002, there had not been any written terms of reference and/or mandate governing it. Furthermore, there was no secretariat set up for the Forum. In the mean time, many initiatives took place at different work levels in the regional and international arena including the Interpol Group of Experts on Corruption, Anti-Corruption & Transparency (ACT) Task Force of Asia Pacific Economic Co-operation (APEC), Anti-Corruption Initiative Steering Group of the Asia Development Bank (ADB) & the Organisation of Economic Co-operation & Development (OECD), and the International Association of Anti-Corruption Authorities (IAACA). The IAACA has more than 80 members including the attendees of this meeting. These regional and international fora meet either biannually or annually with clear terms of reference, mandate and secretariat. Mr. LI invited members comments on the way forward regarding the mode of operation of the Forum if it were to continue and function like the aforementioned ones. Or else there are plenty opportunities in other fora for achieving the purposes of the Forum. 4. Mr. CHANG Tae-pyong thanked Hong Kong ICAC for hosting the meeting and congratulated the ICAC on the completion of its new headquarters. He, through the interpreter Ms YUN, was of the view that the Forum should continue despite the many other regional and international fora because corrupt practices, being very sophisticated and
4 inconspicuous, presented a lot of challenges to law enforcement. This called for more regional and international co-operation and sharing of experience at all levels. The operation of the Forum could follow the OECD mode where meetings could be conducted in a flexible and informal manner, and under a friendly atmosphere to deal with practical and other bigger issues. 5. Mr. Yahaya gave his vote of thanks on behalf of his Commissioner for being invited to witness the historic event of the ICAC Building opening ceremony and the generous hospitality offered to him and his delegation. He said ACA Malaysia would continue to support all regional and international activities. In Asia region, there are bilateral and multilateral agreements for anti-corruption initiatives to which ACA Malaysia is a signatory. It would continue to give appropriate support to new initiatives based on their own merits. 6. Mr. SOH thanked the HK ICAC for inviting him to the opening ceremony. He said he only attended the second ACA Forum meeting and he observed that since its formation in 2002, there had been many other meetings and initiatives established on anti-corruption matters, be it regional, international, bilateral or multilateral. Singapore CPIB, in addition to its participation in the activities of the ACT of APEC, IAACA, Conference of States Parties under the United Nations Convention Against Corruption (UNCAC), and the ADB/OECD Anti-Corruption Initiative Steering Group, it also actively participated in the ASEAN anti-corruption agencies new MOU meeting. He considered any new initiative of the Forum must be based on whether there is any need for it. As heads and working level front-liners of anti-corruption authorities already had plenty opportunities to discuss anti-corruption matters formally and informally in those aforementioned fora, the need for the continuation of the Forum was not immediate. 7. Mr. CRIPPS, sitting on the Executive Committee of the UNCAC, raised questions on the ways and means the Forum should proceed in the light of the cultural differences among member countries, regions and jurisdictions. However, there was the common goal of minimising corruption if not eliminating it altogether. He observed that there were practical issues that could not be adequately addressed at large fora and therefore he
5 supported the continuation of the Forum. 8. Mr. RUKI was grateful for being invited to attend the opening ceremony of the ICAC Building. He also thanked for the support and assistance rendered by the HK ICAC and Korea ICAC to Indonesia in its anti-corruption initiatives. The anti-corruption work in Indonesia started much later than its overseas counterparts and domestic politics could influence anti-corruption work significantly. He favoured the Forum to proceed in a flexible and informal way. 9. After discussion, it was agreed that co-operation among members of the Forum should continue on all fronts in an informal and flexible manner, on a need basis. For each future meeting a member should take the lead to organise that meeting on a voluntary basis with the assistance of a permanent secretariat, instead of by rotation among members. These future meetings can be synchronized with other international anti-corruption conferences. Members also agreed that full documentation for each meeting must be maintained for continuity and that each meeting numbered for easy reference. 10. Mr. CHANG said KICAC volunteered to take up the permanent secretariat role and organise the next meeting of the Forum (the 4 th meeting) in Bali, Indonesia where members of the Forum would attend the second session of the Conference of States Parties under the UNCAC between 28 th January and 1 st February 2008. It was agreed that the secretariat would collect views from members for the preparation of agenda for the 4 th meeting of the Forum. 11. After much discussion on the funding of future meetings of the Forum, Mr. LI said Hong Kong ICAC volunteered to provide funding for the 4 th meeting to meet the expenses of hiring of venue and other logistical support. 12. The meeting also agreed that the hosting member would be responsible for the funding of future meetings regardless where the meeting would take place. If the Head of an agency could not attend a particular meeting, a senior member would be deputised to make decision on behalf of the agency.
6 13. Mr. HONG of KICAC reconfirmed the understanding that the hosting agency would shoulder the expenses of the meeting including the hiring of venue and other logistical expenses. 14. Mr. LI rounded up the meeting by re-iterating the followings: (a) The ACA Forum will continue in its existing format of being flexible and informal. (b) Korea ICAC would be the permanent secretariat for the ACA Forum. (c) The next meeting (the 4 th Meeting) will take place in Bali, Indonesia along side the Second Session of the Conference of States Parties of the UNCAC. (d) Forum members will volunteer to host a meeting and bear the expenses. (e) Working meetings for frontline officers will be held on a need basis. (f) The secretariat will consult members to draw up the agenda for the 4 th meeting. (g) Opening of Forum membership to other agencies will be discussed at the 4 th Meeting. (h) Hong Kong ICAC would be responsible for the expenses of the 4 th Meeting. 15. There being no other matter raised, the meeting concluded at 11:55 a.m.