Chief Secretary Carrie Lam says it is not appropriate to give priority to retired judges or retired public officers in appointing a Commissioner of the Independent Commission Against Corruption as that would bar the inclusion of other talented people.

Replying to a question from legislator Kenneth Leung today, she said the Chief Executive strictly adheres to Basic Law requirements in handling the ICAC Commissioner's appointment.

Under the Basic Law, the Chief Executive makes nominations for the appointment of all principal officials, including the ICAC Commissioner, and reports to the Central People's Government, she said. The Basic Law stipulates that Hong Kong’s principal officials must be Chinese citizens who are Hong Kong permanent residents, with no right of abode in foreign countries, who have resided in Hong Kong for a continuous period of 15 years or more.

“We consider that it is not necessary to have other requirements in addition to those set out under the Basic Law,” Mrs Lam added.

Credentials, experiences and abilities as well as personal integrity are also the bases for appointing an ICAC Commissioner, so that the commission can exercise its statutory functions effectively and uphold Hong Kong's core value of probity and fairness, she added.

On matters relating to the former commissioner's handling of expenses on official entertainment, bestowal of gifts and duty visits during his term of office which has given rise to community concerns, Mrs Lam reiterated that the Government attaches great importance to the incident and is handling it seriously to maintain public confidence. 

The Government also understands that the public attaches great importance to the ICAC’s work and has a high expectation of its staff members' personal integrity, in particular that of the senior management.

In May, the Chief Executive announced the establishment of an independent committee to review the ICAC's regulatory systems and procedures for handling expenses on official entertainment, gifts and duty visits, including arrangements for application, reimbursement and approval. It will also review how ICAC staff of all ranks complied with regulatory systems and procedures during the former commissioner's term. It will make recommendations on any measure that may improve the ICAC's systems and procedures.

The committee will submit its report to the Chief Executive within four months. It will also be released to the public, except any parts which may need to be dealt with separately for legal reasons, Mrs Lam said.

She also noted that the regulatory post-office employment and business arrangements for an outgoing ICAC Commissioner are comparable to those applicable to politically appointed officials.