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Why Hong Kong justice chief Teresa Cheng’s handling of CY Leung case is so controversial and how she could have done things differently

  • Critics argue the justice department has veered from conventional practice on cases involving a top government official
  • Cheng says it was an ‘informed and professional decision’ not to prosecute former leader

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Teresa Cheng said external legal advice was necessary only if a case involved a member of her department. Photo: Dickson Lee
The Department of Justice (DOJ) chose not to prosecute former Hong Kong leader Leung Chun-ying who received part of a HK$50 million (US$6.4 million) payment from Australian firm UGL while in office, but the move lit a fire under critics.
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With the department not explaining the legal principle behind its decision, questions were raised over why external advice was not sought.

Under pressure, Secretary for Justice Teresa Cheng Yeuk-wah defended the handling of the matter, saying it was an “informed and professional decision”. She sparked further controversy by adding that an external legal counsel would be brought in on a case only if it concerned a DOJ member.
Leung Chun-ying was Hong Kong leader between 2012 and 2017. Photo: Robert Ng
Leung Chun-ying was Hong Kong leader between 2012 and 2017. Photo: Robert Ng

Why is the lack of external legal advice so controversial?

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Former prosecutors and pro-democracy lawmakers argued that the DOJ had veered from conventional practice on cases involving a top government official.

Former director of public prosecutions Grenville Cross said it was “invariable practice” to seek external legal advice, and the policy was followed by all past justice ministers.

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