In response to the media enquiries about the case involving staff of the Cultural Industries Fund, the CCAC has the following explanation:
About the investigation carried out by the CCAC into the case involving a then member of the Cultural Industries Fund, some staff members of the Fund submitted a press release to the media today. Following an examination on the related documents, the CCAC believes that the issues mentioned in the press release have already been clarified and thoroughly considered in the inquiry procedure carried out by the Office of the Secretary for Social Affairs and Culture and the supplementary investigation conducted by the CCAC.
The findings of both the inquiry procedure carried out by the Secretary's Office and the internal investigation procedure conducted by the Supervisory Board of the Cultural Industries Fund shows that the then member of the Administrative Board of the Fund has requested to be excused from the process of assessment and approval of the subsidy application related to his relatives and that no acts able to affect the assessment and approval or that can result in illicit gains have been found. Following an in-depth analysis on the documents provided by the Office and a necessary supplementary investigation, the CCAC also believes that there is no evidence proving that the then member has committed any illegal or irregular acts in the relevant assessment and approval process.
As to whether the then member has induced the staff members of the Fund to give testimony favorable to him in the inquiry procedure in order to obstruct the justice, the preliminary investigator has already conducted an investigation and analysis on this issue in the inquiry procedure and come up with the conclusion that no violation of laws or rules has been verified.
The CCAC has stressed on investigating whether the "inducement to give favorable testimony" existed. According to the findings of the inquiry procedure and the supplementary investigation, except one person, over 20 staff members of the Fund stated in their written statements that the then member had not made such "inducement". Since there is no other reliable evidence, the CCAC agrees on the conclusion of the inquiry procedure carried out by the Office, which is, there is no sufficient evidence proving the "inducement to give favorable testimony".
The CCAC received the file of the inquiry procedure and documents related to the case referred by the Office of the Secretary for Social Affairs and Culture in the afternoon of 30th April. By that time, the media had already widely reported the case. Considering the “right to know” of the citizens and the legitimate right of the interest party, the CCAC immediately filed the case for investigation and made an urgent handling.
Despite the Office of the Secretary for Social Affairs and Culture has conducted investigation into whether the then member had made the recusal according to law and made the “inducement to give favorable testimony” and concluded that there was no sign or evidence showing the then member had ever committed any illegal or irregular acts; and the Secretary of Social Affairs and Culture agreed to archive the case of the inquiry procedure, the CCAC has still made a necessary supplementary investigation into the case pursuant to law.
Since there was no evidence of illegal or irregular acts committed by the then member shown in the file of the inquiry procedure and documents related to the case referred by the Office of the Secretary for Social Affairs and Culture; and there was no new evidence found in the supplementary investigation conducted by the CCAC, the case was archived due to insufficient evidence pursuant to law.
When carrying out the duties of anti-corruption and ombudsman, the CCAC shall adhere to handle matters according to law and follow the principles of “taking facts as basis and law as standard”. Whenever there is sufficient evidence suspecting the involvement of illegal acts, in-depth investigation and appropriate follow-up measures should be taken, but meanwhile, the principles of “legality” and “benefit of doubt to the accused” under the current legal system shall also be strictly followed in order to ensure the fundamental rights of the citizens.