Scales tip in Elsie Leung's favour

SHOULD SHE STAY, or should she go? This is the question Secretary for Justice Elsie Leung Oi-sie is understood to be grappling with as she considers whether to remain in the legal hot seat for a further five years.

Ms Leung, who has faced fierce criticism during her reign, has repeatedly said she does not want to extend her contract when it runs out in June. But there is a growing belief within the legal community that the woman who has, at times, been accused of destroying the rule of law in Hong Kong, will be persuaded to stay on.

'I think she will stay. That is my reading. It looks that way. I don't doubt that she wants out, but I think the central Government probably wants her there, and the Chief Executive, too,' said one senior lawyer.

It is widely believed that Tung Chee-hwa, who persuaded her to renew her contract in 2000, is desperate for Ms Leung to remain in place. And Vice-Premier Qian Qichen seemed a member of the Elsie fan club this week when, during her annual duty visit to Beijing, he said: 'As the first Secretary for Justice her performance is very good, very outstanding.'

In particular, it has been suggested, they want her in place to oversee the introduction of legislation against subversive activities, as required by Article 23 of the Basic Law.

But would a further five years of Ms Leung, under a new system in which she is accountable to Mr Tung, be good for Hong Kong? After all, she appeared to lurch from one controversy to another during much of her time at the helm, having taken office in July 1997. She will always carry the baggage of the SAR's request in 1999 for Beijing to reinterpret the Basic Law, overturning a landmark court ruling on the right of abode, and the failure to prosecute tycoon Sally Aw Sian, which led to Ms Leung facing - and surviving - a no-confidence motion in the Legislative Council the same year. But there are signs that Ms Leung's image is changing. She enjoys the support of many lawyers and some of those who were previously among her fiercest critics are now suggesting she should stay on.