ICAC Investigations and Trials

Members of Liberty Chambers possess extensive expertise in navigating the intricacies of investigations and prosecutions conducted by the Independent Commission Against Corruption (ICAC) in Hong Kong. Established in 1975, the ICAC has become a pivotal force in combating corruption and fraud in both the public and private sectors, shaping the landscape of commercial crime prosecutions in the territory.

The ICAC’s Role and Impact

The ICAC plays a crucial role in ensuring integrity within various sectors, which comes with its own set of challenges:

• Significant Business Disruption: Investigations launched by the ICAC can lead to substantial disruption for businesses, affecting operations and potentially damaging relationships with clients and stakeholders. The scrutiny of any business practices can create a ripple effect, with adverse media coverage often exacerbating these challenges. This situation necessitates prompt and effective legal intervention.

• Media Attention: Given the public nature of corruption investigations, high-profile cases can attract intense media scrutiny, which can further complicate matters for businesses. Managing public perception and safeguarding the reputation of the organisation during an investigation is critical and often requires strategic legal advice.

Expertise in Navigating Investigations

Barristers at Liberty Chambers are well-equipped to guide clients through the complexities of ICAC investigations, focusing on critical aspects of the process:

• Legal Rights and Protections: They provide expert advice on legal issues related to investigations, including:

  • Search and Seizure: Guidance on the legality and implications of search warrants and seizure of documents or assets.
  • Arrest and Detention: Understanding the rights of individuals under arrest and ensuring appropriate legal representation during detention.
  • Asset Restraining Orders: Advising on and challenging asset freezes that the ICAC may impose as part of their investigations.
  • Compulsory Powers of Interrogation: Navigating the compulsory powers granted to the ICAC, ensuring clients are aware of their rights to obtain legal counsel during interrogations and providing strategic assistance during questioning.
  • Travel Restrictions: Counsel concerning the restrictions placed on individuals’ rights to travel while under investigation, including potential legal challenges to such restrictions.
  • Protection of Informants: Ensuring proper legal protections are in place for individuals providing information to the ICAC and managing the complexities arising from informant relationships.

• Principal Corruption Offences: Members have a thorough understanding of the principal corruption offences as outlined in the Prevention of Bribery Ordinance (Chapter 201) and can advise clients on potential liability, defences, and strategies to mitigate related risks.

Defending Against ICAC Prosecutions

Members of Liberty Chambers also have extensive experience in defending clients against criminal prosecutions brought by the ICAC for offences such as corruption, fraud, and related crimes. This defence involves several key components:

• Challenging Evidence: Barristers skillfully challenge the admissibility and reliability of caution statements and video-recorded interviews conducted during investigations. Their specialist knowledge of ICAC procedures allows them to identify potential abuses or irregularities in the investigative process, which can significantly impact the case’s outcome.

• Strategic Defence Strategies: Developing and implementing effective defence strategies tailored to the specifics of each case while leveraging their understanding of the ICAC’s procedures and tactics. This includes evaluating the strength of the prosecution’s case and identifying weaknesses that can be exploited in defence.

• Expert Witnesses and Technical Evidence: Engaging expert witnesses when necessary to provide technical analysis and support in uncovering discrepancies or flaws in the prosecution’s evidence and arguments.

Commitment to Client Advocacy

Liberty Chambers is committed to advocating fiercely for its clients, ensuring that their rights are protected throughout the investigative and legal processes:

• Tailored Legal Solutions: Each barrister works closely with clients to devise customised legal solutions that suit their unique circumstances and objectives, whether that involves negotiating with the ICAC, challenging charges in court, or managing public relations concerns arising from allegations.

• Holistic Support: Beyond legal defence, the members of Liberty Chambers understand the broader implications of ICAC investigations. They offer holistic support, assisting clients in navigating not just the legal challenges but also the emotional and reputational impacts of being involved in an ICAC investigation.

Conclusion

Our barristers at Liberty Chambers stand as trusted experts in the realm of ICAC investigations and trials, leveraging their extensive legal knowledge and experience to effectively navigate the complexities of corruption and fraud prosecutions. Their commitment to protecting client rights, minimising business disruptions, and ensuring fair legal treatment positions them as invaluable allies for individuals and organisations facing potential challenges posed by the ICAC.