Leung Chun-ying

Leung Chun-ying, also known as CY Leung, is the chief executive of Hong Kong. He was born in 1954 and assumed office on July 1, 2012. During the controversial 2012 chief executive election, underdog Leung unexpectedly beat Henry Tang, the early favourite to win, after Tang was discredited in a scandal over an illegal structure at his home.

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POLITICS

Chief Executive CY Leung demands retraction of 'defamatory' article

Chief executive's lawyers call on HK newspaper to withdraw 'defamatory' article, but he sparks new storm over free speech and rights of press

Friday, 08 February, 2013, 12:00am

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8 Feb 2013
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Chief Executive Leung Chun-ying has demanded the retraction of a newspaper article which he claims accuses him of having links with triads.

His lawyers sent a letter to the chief editor of the Hong Kong Economic Journal last Friday.

The letter claimed a commentary piece published on January 29 and written by Joseph Lian Yi-zheng, a former member of the Central Policy Unit think tank, was defamatory.

The newspaper printed an apology on Thursday, but chief editor Chan King-cheung later insisted this was addressed to readers, not Leung, and said there would be no retraction.

Leung said he accepted the newspaper's apology. But he made no move to withdraw his lawyers' letter, despite calls from journalists, human rights activists and pan-democratic lawmakers who feared his action could undermine free speech.

Leung said in a statement: "I have all along respected freedom of speech and freedom of the press. Nevertheless, the article contains serious allegations which accused me of having relations with triad society. The matter has to be taken seriously."

I have all along respected freedom of speech and freedom of the press. Nevertheless, the article contains serious allegations which accused me of having relations with triad society. The matter has to be taken seriously

Referring to the newspaper's apology, he added: "I am aware of and accept the last paragraph of the notice issued by HKEJ today."

The paragraph reads: "The management and editorial department of our newspaper, as well as the author of the [relevant] article, did not allege Mr Leung had had relations with triads. We apologise if the article prompted some readers to make unfair conclusions about Mr Leung and had caused any inconvenience."

In the article, Lian said his claims were derived in part from comments made by Chinese People's Political Consultative Conference delegate Lew Mon-hung's in iSun Affairs magazine.

Lew accused Leung of lying about the handling of the illegal structures row at his Peak homes.

But Lian also said in the article that people should cross-check the facts since Lew may have lied.

The Chief Executive's Office said it had nothing to add when asked if Leung would withdraw the lawyers' letter or take further legal action.

Chan said the letter asked them to retract the article and not to make such remarks again. It did not say if Leung might take further action should the paper ignore the requests.

Both Chan and Lian were surprised by Leung's actions.

Chan said: "I am very shocked and disappointed … Hong Kong has long cherished free speech. His action was very negative and set a bad precedent."

Chan reiterated that the newspaper's apology was to readers, not Leung. He added: "As to how he interprets it, it is out of our control. We will not withdraw the article."

Lian said: "It seems [Leung's] move was not very rational."

Civic Party leader Alan Leong Kah-kit called Leung's actions "politically unwise" and urged him to withdraw the letter.

And the chairman of the Hong Kong News Executives Association, Ronald Chiu Ying-chun, said "there would be political consequences" if leaders took legal action to silence attacks.

 

WHO SAID WHAT

I have all along respected freedom of speech and freedom of the press. Nevertheless, the article contains serious allegations which accused me of having relations with triad society. The matter has to be taken seriously.

Chief Executive Leung Chun-ying

The management and editorial department of our newspaper, as well as the author of the [relevant] article did not allege Mr Leung had had relations with triads. We apologise if the article prompted some readers to make unfair conclusions about Mr Leung and had caused any inconvenience.

Statement issued by editorial department of the Hong Kong Economic Journal

 

Comments

carlwhite
The Hong Kong Economic Journal has apologized to the CE and the readers on 7 Feb. 2013.
Byebye
I refer to another article published by SCMP - "Leung unlikely to win, say experts
Academic says Leung could sue Lew Mon-hung and not the Economic Journal, while journalists want him to withdraw his letter". I was so enlightened by the experts comments on this article. Still one episode came into my mind - the recent case of the BBC Broadcasting unverified information which resulted in the resignation of the Governor General of the BBC. Surely the editor in chief of newspaper has some responsibility in this matter.
Puddy
I concur with Faderosa.
HKEJ is owned by the Li family, whose property businesses (Whampoa, Cheung Kong) are under direct threat from Leung's policies to contain property prices.
That gives the Li family a motive to undermine the CE.
Of course that is just speculation. As an astute businessman, Richard Li may have chosen not to exercise editorial influence over his paper, which I hope is the case.
Sadly, Leung's attempt to gag the HKEJ has caused him to emerge as the bad guy out of this sorry affair. Bad PR is costing his credibility dearly.
faderosa@netvigator.com
You really have to ask yourself if articles like the one published by HKEJ are simply politically driven. I support this CE ideas, somebody is finally challenging the bad habits
ecpath
I am in agreement with ByeBye and comments from other readers showed a lack of understanding of what "libel" refers to.
As a professional journalist, he /she must be subjected to higher scrutiny in terms of the statements they make, since the messages may have a widespread effect. As such, for a journalist (and even public figures) to make a statement, he/she should be obliged to provide supporting evidence when being challenged. The law must enforce such strict requirements to ensure that society can be rid of such undesirable characters such as those who are loudmouth and do not maintain good peresonal hygiene.
bmr
The first I heard of this was now that CY is trying to fight it. I really don't think that our CE is a bad guy but he is atrocious when it comes to public relations. This latest little spat just illustrates how desperately the Government needs some new blood and not just sycopants who don't seem to be or are unwilling to properly advise the CE on how to handle such matters. The advice for this type of non-article, non-accusation should simply have been to ignore it. Everyone else had.
I am not looking forward to the Dem. (Demonizing) Party's new banners in LEGCO in the new year.
jenniepc
Chief Executive Leung Chun-ying must prove that libel has taken place. For example for an ordinary citizen, if it would have occurred in the United States, first, the person must prove that the statement was false. Second, the person must prove that the statement caused harm. Third, the person must prove that the statement was made without adequate research into the truthfulness of the statement. For a public official, Mr. Leung must prove the first three steps and that the statement was made with the intent to do harm or with reckless disregard for the truth. For example the public officials could only win a suit for libel when they could prove beyond a reasonable doubt that the media outlet in question knew the information was wholly and patently false or that it was published with reckless disregard of whether it was false or not as the U.S. Constitution was designed to protect freedom of the press or the speech.
I know that Hong Kong is common law jurisdiction. If the libel in Hong Kong is a criminal libel or civil libel liability or both? However, Mr. Leung bears the burden of going forward, such as produce evidence regarding his claim, if Mr. Leung seeks for legal remedy.
Jennie PC Chiang/江佩珍 02/07/13 美國
carlwhite
Yes you are right;according to common law "the necessity of proof always lies with the person who lays charges".Similarly,has Hong Kong Economical Journal concrete evidences of CE involved in triad activities?The allegation is only based on journalists reports i.e. triad members employ persons to act as CE's supporters in the 1Jan protest,which are mere words neither tested nor verified.
And about the feast in Loufoshan which CE never attended;Lew,a former supporter of CE.attended instead.Is Lew a triad member?Never verified.
If you have read this article of HKEJ,it based on unverified information and ruthlessly and solidly lays allegation which is an abuse of press freedom.
The HKEJ has apologized on 7 Feb. 2013.
Byebye
Freedom of speech is not a mode to be used for defamatory of character, slandering or vengeance purpose. Like any citizen, Mr CY Leung has every right to voice his disagreement to such issues, and if need be, sue the bodies who make the defamatory allegations.
donniemcm
Well not knowing the veracity of the facts, if it happens that CY is not wrong then defamation is something big and quite unprofessional for journalist. Otherwise you are at the same level as UK gossips mag or our lovely apple newspaper.
Now we are in a situation where we should have doubts about the newspaper wordings.

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