How far should the rules on disclosure go for Hong Kong public officials?
Bernard Chan says while people in public office are expected to be open about their business ties, the requirements should not be so intrusive as to deter talented people from serving
They were looking for evidence of tax evasion or other scandals. The truth was far more boring, and legal. Indeed, the reporters did not need the leaked documents to find some of the information, which appears in the Companies Registry or is listed for anyone to see in my declaration of interests on the Exco website.
I do not know of any rules on declaration of interest anywhere where people must disclose matters that only someone else can know for certain
The media found an angle. When asked, I said I would probably resign from public office if the rules required people to disclose interests held by extended family (current Exco rules require disclosure of joint ownership of companies with one’s spouse or children). I do not think my family members have anything to hide. It is just that, in practice, compliance would be difficult. No one could be totally sure that all their family members would be totally open about all their possible interests.
I do not know of any rules on declaration of interest anywhere where people must disclose matters that only someone else can know for certain.
However, this got me thinking about the whole issue of declaring interests. In a society like Hong Kong, the community rightly has high expectations of holders of public office. Given worries about collusion, anyone in public office has a duty to be transparent about their business ties.
Hong Kong must work towards a ‘Panama Papers Ordinance’ to end automatic recognition of offshore firms
This extends to life after public service. Our first chief executive, Tung Chee-hwa, deliberately did not return to his family business after he left office. He wanted to be sure no one suspected him of benefiting from his own earlier policy decisions.