Within the colony government, there is a large segment that bridles
at the least intimation of official graft. The motto of this segment
is: Don’t rock the boat. We know we’re not perfect, they seem to be
saying, but don’t go around kicking over beehives, or the first thing
we know, the Colonial Office will be down on our heads with all kinds
of inquiries, full-dress investigations and a fearful flap. We’ll all
be sacked, sent home in disgrace, and it won’t change one thing for the
better. So let’s keep quiet, muddle along as best we can and try to
eliminate the grafters quietly, one at a time. We’re really not a bad lot
of chaps, you know.
Fortunately, some of the colony’s chief officers do not subscribe to the
theory that corruption can be defeated by a public pretense that it does
not exist.
Something like a civic shock-wave was recorded in Hong Kong on January
11, 1962, when Chief Justice Michael Hogan opened the Supreme Court
Assizes by coming to grips with the issue of corruption.
“No one would claim we are entirely immune from this evil,” Sir Michael
said. He noted that the heavy penalties prescribed for corruption
offenses must be enforced without recourse to “the surreptitious whisper
in the corridor; the accusation made behind his (the accused’s) back; or
the anonymous letter. If such methods should come to be accepted, then we
would have another evil just as bad, if not worse, than corruption.”
The Chief Justice proceeded to put his finger on one of the main
obstacles to the exposure of corruption:
“There is a reluctance to come forward and give information; to come, if
necessary, into court and face the possibility of a cross-examination,
attacking character, credit and the power of recollection—in fact a
reluctance to pay the price that the rule of law demands.”
He contrasted this attitude with the recent case of a Mr. Tong, who
captured and held on to a sneak-thief despite six stab wounds, and asked:
“Does this mean that physical courage is more plentiful than moral
courage in Hong Kong today?”
He reached the heart of the matter with the observation that a citizen
will be very slow to come forward with a complaint against an official if
he knows that perhaps tomorrow or the next day or the day after, he has
got to come and ask that official, or some colleague of that official, or
somebody apparently identified with him in interest, for a concession, or
a privilege, or some act of consideration.
It is only when men have clearly defined rights, he continued, that they
enjoy the security to challenge the abuse of power and the ability to
choke off corruption. If an official can grant or withhold permission
“without the necessity of giving public reasons for the decision,” the
Chief Justice declared, “you immediately create an opening for corruption
or the suspicion of it.”
Public-domain text, read in full here on John Shaqi.
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