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Elsie Leung believes society is becoming more transparent. Photo: David Wong

Let Donald Tsang be an example: 'no one is above the law' says former justice chief

Elsie Leung says prosecution of Donald Tsang shows city's top official is not above the law, while CY Leung stays non-committal on revamp

Donald Tsang

Former justice minister Elsie Leung Oi-sie held out the prosecution of ex-leader Donald Tsang Yam-kuen as proof that the status of chief executive is not above the law, and backed calls yesterday for a rethink of whether anti-bribery laws should fully apply to Hong Kong's top official.

Chief Executive Leung Chun-ying, whose position was recently described by Beijing's top representative in the city as "transcending all three branches of government", refused to make such a commitment, but he denied any political consideration in the decision to charge Tsang after 31/2 years of investigation. The Administration Wing said such a revision needed to be handled prudently, as it had constitutional, legal and operational implications.

Tsang was charged under the common law by the Independent Commission Against Corruption on Monday with two counts of misconduct in public office for failing to declare some of his interests when he was chief executive. The maximum penalty for each count is seven years' imprisonment.

READ MORE: Former Hong Kong leader Donald Tsang out on bail after court hears misconduct charges over luxury Shenzhen flat rental

Senior counsel and former lawmaker Ronny Tong Ka- wah called for a review of the Prevention of Bribery Ordinance, questioning why the chief executive should be only partially covered by it.

Under Section 3 of the ordinance, for example, any civil servant who solicits or accepts an advantage without the permission of the chief executive is guilty of an offence. That means the chief executive himself cannot be covered by the legislation.

The maximum penalty is a fine of HK$100,000 and one year in jail.

Former ICAC chief investigator Stephen Char Shik-ngor suggested all ordinances governing public officers should be extended to cover the chief executive.

Elsie Leung, who is also the vice-chairwoman of the Basic Law Committee under the National People's Congress, supported a detailed review when asked if she agreed that the anti-bribery ordinance should be applied in full to Hong Kong's top job. "I can only say there should be a more detailed study on this question to see if it can be done," she said. "You can see society is getting more transparent and no one is above the law."

The former justice secretary also pointed out that if the chief executive commits serious offences while in office, the Basic Law has a mechanism to impeach him under Article 73.

In 2012, a committee led by former chief justice Andrew Li Kwok-nang, set up after Tsang was accused of receiving favours from his tycoon friends, recommended that it be made a criminal offence for the chief executive to solicit or accept any advantage without the permission of a statutory independent committee.

Leung Chun-ying, as chief executive-designate, pledged then to implement the recommendations as soon as possible.

Last year, Leung Chun-ying himself was accused of corruption over a HK$50 million payment he received quietly from engineering firm UGL in 2011 as part of a deal to take over his old company, DTZ.

When asked whether the ordinance was not amended because he was worried about facing investigation over the payment, the chief executive said: "The two are unrelated … That [sum] was an arrangement before I left my former company."

This article appeared in the South China Morning Post print edition as: Anti-bribery laws may need review: Ex-justice chief
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