Sensitive nature of Antony Leung case 'warrants such an approach'
The Department of Justice is entitled to seek as many opinions as it wants when faced with legal questions such as those raised by the luxury car case involving former financial secretary Antony Leung Kam-chung, according to Senior Counsel.
The department can seek independent opinions when considering whether to prosecute in such instances, the lawyers said.
It is usual to seek such opinions in cases where members of the department itself face possible prosecution, or where complex legal issues arise that require expert advice from outside.
But public perceptions can play a part, and the sensitive nature of the case of Mr Leung is one that might warrant the taking of such a step, the lawyers said.
The idea is that by seeking an independent view, the perception that the decision has been made fairly, objectively and without any interference is enhanced.
While it is unusual to seek a wide range of different opinions, the lawyers said there were reasons why such a course might be taken. It might be because government lawyers are not satisfied with the legal reasoning in the first opinion they receive, so opt for a second one. But seeking a particular outcome is a possible motivating factor.