Opinion | Teresa Cheng must clear the air over Leung Chun-ying case

More than six weeks after a decision not to prosecute former Hong Kong chief executive Leung Chun-ying, the public remains mostly in the dark about the move and the process by which it was made. Secretary for Justice Teresa Cheng Yeuk-wah has stuck firmly to her position that no further comment can be made on the case. Questions have been left unanswered and public confidence in her department put at risk. Cheng’s own popularity ratings have fallen to a record low. Lessons must be learned.

The controversy was sparked on December 12, with the announcement that Leung would not be prosecuted following a four-year investigation into his receipt of HK$50 million (US$6.37 million) from Australian firm UGL. A brief statement issued by the Department of Justice said there was insufficient evidence to support a reasonable prospect of conviction. That decision should be respected. But it requires further explanation. A number of questions were raised: To what extent did Cheng consult her colleagues? What was the reasoning behind the decision? Why did the department not seek external advice, as it has done in previous high-profile cases involving senior officials? And why did the investigation take so long?

There have been a chorus of calls for Cheng to provide more information, from lawmakers, Executive Council members, the Bar Association, the Law Society, the Independent Commission Against Corruption and former top prosecutors. A swift and convincing response was needed. While Cheng was on leave at the time, this should not have prevented her from responding. We live in a digital age in which officials are expected to put out fires even when on holiday. When she finally returned after two weeks away, Cheng caused further confusion over the policy on when to seek outside advice. Her Legislative Council appearance last week has done little to shed light on the decision.

The role of the secretary for justice goes beyond simply making the right decision. Public confidence in her department depends on taking every step possible to guard against perceptions of bias and to convince the community the decision is beyond question. That includes being responsive to lawmakers, the media and the public.