Swift exit crucial 'to protect public interest'
Mr Leung was given less than a day to decide whether to quit to avoid damaging the image of the Immigration Department, Mr Lam said.
'Our major consideration was that, as a department head, there was no other alternative but to terminate his work. It's just not possible for someone to carry on working while he is suspected of guilt,' Mr Lam said.
At a meeting on the morning of July 5, he asked Mr Leung to decide by 5 pm whether he wanted to step down voluntarily or face action for compulsory retirement under Colonial Regulations 59.
But legislators were unconvinced.
Philip Wong Yu-hong asked: 'What possible damage could Mr Leung do so that he was asked to decide within five hours? 'Why take such strong action?' Mr Lam said it was wrong to state that the matter was decided within five hours. The ICAC investigation ended in April and action was taken between May and July.
'We planned to take action against him on July 6 and needed to tell him clearly before that date.
'As head of a disciplinary force, Mr Leung should have known clearly about CR 59. It has been used within the Immigration Department. There's no question he did not understand it.
'Our judgment at that time was that his departure within a short period of time would not damage the public interest.' Given that the case involved a senior-ranking official, he said: 'We may take no action. But if we decide to do so, it must be taken swiftly.' The most important thing, he said, was that public interest should have been upheld.
Mr Lam sidestepped a question from Cheung Man-kwong on why the official described Mr Leung as already 'suspected of guilt' on one hand, while on the other hand, the allegations were just 'initial findings'.
'The reasons given by Mr Lam about Mr Leung's anomalies had existed for a long time. He has taken some remedial measures,' said Mr Cheung.
'Do you think that is enough to make people believe why the Government did not even allow time for the handover of his work? Why the 'sudden death'?' Mr Lam said that if Mr Leung had not been asked to decide immediately to step down, the department would have lost its authority and been unable to carry out its duties.
