The establishment of the High Commission against Corruption and Administrative Illegality of Macao (hereinafter referred to as "the high commission") experienced a long and tortuous historical course. In 1983, when powerful anti-corruption winds were blowing from countries with high indexes of economic growth, such as Singapore and Australia in the Asia-Pacific region, some Macao people of insight proposed that an anti-corruption agency be established in the region, because a powerful anti-corruption agency would be a fundamental means against corruption and for government honesty and cleanness, and would also be a great guarantee for social progress and economic development.

Regrettably, this proposal failed to arouse extensive attention from the general public in Macao. In the several years that ensued, it was still in a period of gestation. In 1987, neighboring regions scored universally recognized achievements in their anti-corruption drives. Along with rapid economic growths, many countries and regions in the Asia-Pacific region increased their contacts with the outside world and once again called for government honesty and cleanness. Macao, as a meeting point of Oriental and Occidental cultures for many years, also once again proposed the establishment of an anti-corruption agency. However, at this point, there occurred a point of view supporting the amendment of the Regime of Sanction against Corruption and opposing the establishment of a specialized anti-corruption agency. People holding this point of view expressed the worry that the establishment of a specialized anti-corruption agency in Macao would have too many legal problems and also social problems peculiar to Macao. As a result, a new Penal Regime against Corruption was adopted and published in Decree-Law No. 14/87/M in 1987. Actually, this regime has been replaced by the corresponding part in the Penal Code of Macao newly adopted. And, the proposal for establishing a specialized anti-corruption agency was shelved.

Between the end of 1989 and early 1990, the controversy over the establishment of a specialized anti-corruption agency in Macao experienced an unexpected turn. In this period of time, the sensational "fax affair" involving the Macao government generated a great impact on the general public in Macao and also sent shock waves to the Portuguese government and regions neighboring Macao. It was in this period that the Supreme Procuratorate of Portugal decided to indict former Macao governor Carlos Montez Melancia for suspected bribe taking. Under such a circumstance, Melancia had to resign. The so-called "fax affair" involving the Macao government refers to the event in which a group company sent a fax to Melancia to seek the repayment of a "commission" offered to the then incumbent Macao governor. Under the situation that public indignation against this affair was to erupt like a volcano, Macao people of insight became more determined to work for the establishment of a specialized anti-corruption agency as early as possible. During this period, the call of the general public for the establishment of such an agency turned irresistible. Following twists and turns, a provisional committee responsible for establishing an anti-corruption agency worked out a draft law on the issue after a series of alterations, and held heated debates on the establishment of a specialized anti-corruption agency as well as its competence, framework, functions, personnel makeup and relations with the Legislative Assembly and the governor. Although the relevant deputies to the Legislative Assembly could not reach a consensus on the issue, Law No. 11/90/M – a product integrating several different proposals – was adopted by the Legislative Assembly at the end of 1990. This decree-law is the charter of the High Commission against Corruption and Administrative Illegality of Macao. It defines the competence, framework, functions and personnel makeup of the high commission as well as its relations with the Legislative Assembly and the governor. Moreover, another bill intended to regulate the personnel of the high commission was also adopted later on.

The establishment of the high commission meant a great social progress on the part of Macao and a new development in the legal system of the region. It signifies that the government of Macao, like the governments in most of the countries and other regions around the world, is determined to ensure the realization of the principles of legality, fairness and justice in Macao through efforts against corruption and for government honesty and cleanness.

Presently, the high commission consists of 40 personnel, under the leadership of the high commissioner. The high commissioner is at the same level as the Assistant Secretary. The high commissioner draws a salary equal to 75% of that of the governor, and gets entertainment allowances equal to 25% of his or her salary. Besides, the high commissioner has an office secretary-general and a private secretary assisting him or her in work. The high commissioner is assisted by two assistant high commissioners, or deputy high commissioners. The assistant high commissioners, besides assisting the high commissioner in his or her work, also undertake to handle anti-corruption cases and cases of administrative appeal. When the high commissioner is not in office, the assistant high commissioners will perform official duties on behalf of the high commissioner. The posts of assistant high commissioners are normally held by persons qualified as judges or prosecutors, which is absolutely necessary for maintaining the legal quality of the high commission. The high commission has also six advisers and coordinators, who are appointed by the high commissioner, and who are especially responsible for assisting the high commissioner in handling anti-corruption cases and cases of administrative appeal. Some of the advisers and coordinators are also qualified judges or prosecutors. Moreover, the high commission has under it two major departments – the technical assistance department and the personnel administration department, which are under the leadership of their respective directors. The technical assistance department is especially responsible for handling all the technical affairs of the high commission, including the work to ask for the reading of dossiers and place them on file, the work to send documents, the work to record affidavits from persons under investigation, and the work to provide assistance in investigation. Meanwhile, the personnel administration department is especially responsible for handling the affairs of personnel, welfare and administration of the high commission.

According to Law No. 11/90/M (which was amended with Law No. 2/97/M issued in 1997), the high commission has two major categories of functions. Firstly, it has the functions to struggle against corruption and bribery; to investigate into all the cases of corruption, bribe offering, bribe taking, inconsistency of income of officials with their posts and so on, and to deal with the cases accordingly; and to put forward proposals to competent authorities on cracking down on, preventing and punishing crimes in this respect. Secondly, it has the functions to investigate into cases of administrative illegality; to review all the administrative appeals against government authorities and complaints about disciplines, promotion, punishment and rights of civil servants; to review laws by examining whether there is contradiction between laws, rules and legal instruments and also between them and constitutional rules; and to put forward proposals to the governor (the chief executive after December 20, 1999) and competent government administrative authorities on improving administration.

The high commission has the following major competence:

1. The competence of free passage: The high commission can, with or without prior notice, freely enter and observe any public entities and government authorities, including internal security departments, to review, request and inspect the materials necessary for investigation.
2. The competence of asking for data: The high commission can ask any institutions, public entities, judicial police, security forces and so on for relevant archives, including internal documents. It can, through orders by penal examining judges, take some actions that may contravene basic rights, including the actions to check bank accounts and to conduct searches. However, the high commission is restricted by the obligation to maintain secrecy.
3. Partial competence of judicial investigation: Such competence of the high commission is similar to that of procuratorates, judicial police and security police. But the high commission is under certain restrictions in exercising such competence. It can not exercise the competence of arrest unless it is investigating active crime.
4. The competence to summon for direct interrogation: All people and public institutions are under the obligation to cooperate with the high commission. For refusal to cooperate with the agency without a proper explanation, e.g., refusal to provide relevant data or documents, refusal to show up after being summoned or refusal to make a relevant statement, the persons responsible may receive criminal sanctions equivalent to punishments for insubordination. For anyone obstructing the high commission in the course of its duty, he or she may receive increased criminal sanctions for insubordination.
5. The competence of exemption from prosecution: For suspects in cases of bribery, as long as they are willing to cooperate with the high commission and their cooperation has led to the successful solution of relevant cases, the high commission may make a decision to exempt relevant suspects from prosecution in accordance with law.

After reviewing the historical course of nearly 10 years since the establishment of the high commission, it will not be difficult to perceive that the high commission has played an active role in promoting the social progress of Macao, balancing the various political forces in the society of Macao, and particularly in maintaining the public order and ensuring the realization of the rights of fairness, justice, equality and so on. However, because of government policies and certain reasons, the high commission seems to be a somewhat malformed product. On the one hand, although it is not a judicial organ, the high commission has some judicial authority. Meanwhile, it assumes the two major responsibilities of struggling against corruption and administrative supervision. On the other hand, an agency with only 40 personnel, the high commission is restrained by many authorities. Under the situation of lacking sufficient human and financial resources, the high commission can not get legal support and cooperation from judicial organs and other government authorities. It can be said that the high commission will have difficulty in forging ahead if it wishes to make greater achievements in struggling against corruption in Macao – a region with a relatively complicated society. So, to describe the 10-year history of the high commission as "just passable" seems to be the summation of public opinions on the work of the anti-corruption agency.

In his political program for the 1999 election campaign which was entitled Advance in the Face of Difficulties, Join Hands in Creating New Opportunities, Edmund Ho Hau-wah, the first Chief Executive of the Macao Special Administrative Region, particularly emphasized the importance of vigorously struggling against corruption and promoting government honesty and cleanness, ushering in a new hope to the Macao Special Administrative Region. Article 59 of the Basic Law of the Macao Special Administrative Region provides: "A Commission against Corruption shall be established in the Macao Special Administrative Region. It shall function independently and its Commissioner shall be accountable to the Chief Executive." This provision affirms by law the legal transition of the high commission toward the Commission against Corruption on the one hand, and defines its status in the future Macao Special Administrative Region on the other. Previously, the high commission was accountable to the Legislative Assembly, which, however, did not have the authority to appoint or dismiss officials. After the return of Macao to China on December 20, 1999, the Commission against Corruption will be under the direct leadership of the Chief Executive. So, this shift will enable the anti-corruption agency to win the most powerful political support. It can be anticipated that, under the leadership of the future powerful government of the Macao Special Administrative Region and with correct policies and well-made anti-corruption strategies, a new leaf will certainly be turned in Macao’s efforts to struggle against corruption and promote administrative supervision.