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Chris Lau

A Hong Kong activist is seeking to launch a legal challenge against the justice department’s decision not to prosecute the city’s former leader Leung Chun-ying.
Tsang Kin-shing applied for the judicial review, which targets the secretary for justice, at the High Court on Tuesday.
Pan-democratic lawmakers who accompanied him said they were contemplating a private prosecution.
Tsang’s move came three months after the Department of Justice announced it would not prosecute Leung, who had been accused of a conflict of interest in relation to his non-disclosure of a HK$50 million payment he received from Australian engineering firm UGL, before and after he became the city’s chief executive in 2012.

               
The money involved stemmed from an agreement Leung, as director of property company DTZ, made with UGL during the Australian firm’s acquisition of DTZ in 2011.
Tsang’s legal action also seeks to overturn the justice department’s decision not to charge Leung, and pro-establishment lawmaker Holden Chow Ho-ding, over the former’s alleged attempt to interfere in a parliamentary investigation into the matter. 
Chow, who is the deputy chairman of the investigation committee, was accused of attempting to alter the scope of the inquiry.
Speaking outside the court on Tuesday, Tsang, a former lawmaker, said he ended up filing the writ because he felt there was no other option.
“We hope that through the means of judicial review, we are able to let the court judge whether it was appropriate for Leung Chun-ying not to disclose [the payment] or whether it was suspicious,” he said. “We want to see the truth.” 

               Teresa Cheng must clear the air over Leung Chun-ying case
A spokesman from the Department of Justice said it would be inappropriate to comment on pending legal proceedings. 
Tsang asked the High Court to quash the decision by the Secretary for Justice Teresa Cheng Yeuk-wah not to prosecute, and to order her to press charges against Leung and Chow.
Tsang was accompanied by Democratic Party lawmakers Lam Cheuk-ting and Andrew Wan Siu-kin, who head the Wolf Hunting Action, a group monitoring the investigation against Leung.
Lam revealed that his group had spent hundreds of thousands of dollars seeking legal advice from a senior barrister over the possibility of bringing a private prosecution against the city’s former leader. 
“We will tell the public as soon as the result comes to hand,” he said. 
An investigation was launched by the city’s Independent Commission Against Corruption in 2014 after a report in an Australian newspaper raised various allegations against Leung.
Critics had argued the receipt and non-disclosure of the money from UGL could amount to misconduct and corruption. But Leung said the payment was related to his service before he left DTZ. 

               Lawmaker denied in bid to summon justice minister to Legco
A select committee was then set up at the Legislative Council in 2017 to look into Leung’s conduct. But in May that year it was revealed that Leung made more than 40 changes to a document submitted to the committee by Chow, which critics said was tantamount to interference.
On December 12 last year, the Department of Justice finally announced that neither Leung nor Chow would be charged. 
The decision was roundly criticised, primarily because the department had opted not to seek outside legal advice.
Tsang argued in the court document that Cheng had misinterpreted her department’s prosecuting policies, thereby rendering its decision illegal, and “procedurally improper”.
The activist said the standard of the prosecution codes should be whether there is “possible perception of bias or issues of conflict of interests” to address.



Hong Kong lawmaker escapes censure for letting former chief executive interfere in inquiry over business dealings of the former top official

Hong Kong court throws out application for judicial review of decision not to prosecute city’s former leader CY Leung over UGL money

Secretary of Justice warns of trial by media if applications expedited to review decision not to prosecute former leader CY Leung over payment saga

Activist applies for judicial review of Hong Kong justice minister’s decision not to prosecute CY Leung

CY Leung UGL payment saga

Interview with Chief Executive Leung Chun-ying at the Government House in Central. 24JUN16 SCMP/Nora Tam

Tsang Kin-shing files his application for a judicial review at the High Court. Photo: Felix Wong

News

Hong Kong

Law and Crime

Politics

Former lawmaker Tsang Kin-shing claims move was illegal and wants High Court to order charges be brought against city’s former leader


Former lawmaker Tsang Kin-shing claims move was illegal and wants High Court to order charges be brought against city’s former leader.


Leung Chun-ying (CY Leung)