### Independent Commission Against Corruption Ordinance 《廉政公署條例》

1. Short title
This Ordinance may be cited as the Independent Commission Against Corruption Ordinance.

2. Interpretation
In this Ordinance, unless the context otherwise requires—
Commission (廉政公署) means the Independent Commission Against Corruption established under section 3;
Commissioner (廉政專員) means the Commissioner of the Independent Commission Against Corruption appointed in accordance with the Basic Law and includes the Deputy Commissioner appointed under section 6; (Replaced 1 of 2003 s. 3)
officer (廉署人員) means an officer of the Commission appointed under section 8;
prescribed officer (訂明人員) means—
(a) any person holding an office of emolument, whether permanent or temporary, under the Government; and
(b) the following persons (to the extent that they are not persons included in paragraph (a))—
(i) any principal official of the Government appointed in accordance with the Basic Law;
(ii) the Monetary Authority appointed under section 5A of the Exchange Fund Ordinance (Cap. 66) and any person appointed under section 5A(3) of that Ordinance;
(iii) Chairman of the Public Service Commission;
(iv) any member of the staff of the Commission;
(v) any judicial officer holding a judicial office specified in Schedule 1 to the Judicial Officers Recommendation Commission Ordinance (Cap. 92) and any judicial officer appointed by the Chief Justice, and any member of the staff of the Judiciary; (Added 14 of 2003 s. 19)

public body (公共機構) has the meaning assigned to it in section 2 of the Prevention of Bribery Ordinance (Cap. 201); (Replaced 51 of 1987 s. 2)
public servant (公職人員) has the meaning assigned to it in section 2 of the Prevention of Bribery Ordinance (Cap. 201); (Replaced 51 of 1987 s. 2. Amended E.R. 1 of 2018)
Public Service (Administration) Order (《公務人員(管理)命令》) means—
(a) the Public Service (Administration) Order 1997 (Executive Order No. 1 of 1997);
(b) the Public Service (Disciplinary) Regulation made under section 21 of that Order (and together with that Order published as S.S. No. 5 to Gazette No. 2/1997); and
(c) any other regulation made or any direction given under that Order,
as amended from time to time. (Added 1 of 2003 s. 3)

(Amended 14 of 2003 s. 19)

### Independent Commission Against Corruption Ordinance 《廉政公署條例》

3. Establishment of the Commission
There is hereby established the Independent Commission Against Corruption which shall consist of the Commissioner, the Deputy Commissioner and such officers as may be appointed.

4. Maintenance of the Commission
The expenses of the Commission shall be charged to the general revenue.
(Amended 51 of 1987 s. 3)

5. Office of Commissioner
(1) The Commissioner, subject to the orders and control of the Chief Executive, shall be responsible for the direction and administration of the Commission. (Replaced 1 of 2003 s. 3)
(2) The Commissioner shall not be subject to the direction or control of any person other than the Chief Executive.
(3) The Commissioner shall hold office on such terms and conditions as the Chief Executive may think fit.
(4) The Commissioner shall not, while he holds the office of the Commissioner, discharge the duties of any other prescribed officer. (Amended 14 of 2003 s. 20) 
(Amended 1 of 2003 s. 3)

6. Appointment of Deputy Commissioner
The Chief Executive may appoint a Deputy Commissioner on such terms and conditions as he may think fit.
(Amended 1 of 2003 s. 3)

7. Acting Commissioner
(1) If the office of the Commissioner is vacant or the Commissioner is absent from duty, the Deputy Commissioner shall, save where the Chief Executive otherwise directs, act as Commissioner.
(2) If both the Commissioner and the Deputy Commissioner are absent from duty, the Chief Executive may appoint another person to act as Commissioner during that absence.
(Amended 1 of 2003 s. 3)

### Independent Commission Against Corruption Ordinance 《廉政公署條例》

8. Appointment of officers
(1) The Commissioner may appoint such officers as the Chief Executive thinks necessary to assist the Commissioner in the performance of his functions under this Ordinance. 
(2) (a) Subject to paragraph (b), the Commissioner may, if he is satisfied that it is in the interests of the Commission to do so, after consulting the Advisory Committee on Corruption, terminate the appointment of an officer.
(b) Before terminating an appointment under this subsection—
(i) the Commissioner shall by notice in writing inform the officer concerned that the termination of his appointment is under consideration and the reasons therefor; and
(ii) in the notice such officer shall be given a period of not less than 7 days within which to make, and is hereby authorized to make if he so wishes, written representations to the Commissioner as regards such reasons or as to why his appointment should not be terminated or as regards both.
(c) Where an appointment is terminated under this subsection—
(i) the Commissioner shall notify the officer in writing of the termination; and
(ii) the officer may, within the period of 21 days beginning on the date of the notification under subparagraph (i), appeal to the Chief Executive against the termination. 
(d) On an appeal under paragraph (c) the Chief Executive may confirm or set aside the termination. 
(e) Where an appointment is terminated under subsection (2)(a), the termination shall operate forthwith but if on an appeal under paragraph (c)(ii) the termination is set aside, the officer concerned shall be treated in all respects as if the Commissioner had not terminated his appointment. (Replaced 48 of 1996 s. 19)
(3) The terms and conditions of employment of officers shall be subject to the approval of the Chief Executive, who may vary any terms or conditions imposed by virtue of subsection (4). 
(4) Subject to this section and section 11(2), the Commissioner and officers shall be employed subject to Public Service (Administration) Order, Government regulations and such administrative rules as apply generally to public officers, except insofar as the application of such Public Service (Administration) Order, Government regulations or rules may be modified by standing orders made under section 11(2). 

(Amended 1 of 2003 s. 3)

9. Warrant card
The Commissioner may issue to such officers as he thinks fit a warrant card which shall be prima facie evidence of the officer’s appointment as such.

### Independent Commission Against Corruption Ordinance 《廉政公署條例》

10C. Power of search and seizure
(1) An officer authorized in that behalf by the Commissioner may—
(a) search any person if he reasonably suspects that such person is guilty of any of the offences referred to in section 10;
(b) search the premises or place in which any person was arrested under section 10, or the premises or place in which a person who evades arrest therein under section 10 was to be arrested, for evidence of any of the offences referred to in that section;
(c) seize and detain anything which such officer has reason to believe to be or to contain evidence of any of the offences referred to in section 10. (Amended E.R. 1 of 2018)
(d) (Repealed 45 of 1992 s. 2)(1A) (Repealed 45 of 1992 s. 2)(2) A person shall not be searched under subsection (1) except by a person of the same sex.
(3) The powers conferred by subsection (1) shall not derogate from the power conferred on any officer by section 17 of the Prevention of Bribery Ordinance (Cap. 201) or a warrant issued thereunder.
(Added 14 of 1976 s. 2)