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End to Sally Aw row doubted

Jimmy Cheung

Provisional legislators are pessimistic the legal chief can dispel queries over the furore surrounding media mogul Sally Aw Sian at a special meeting on Monday.

Secretary for Justice Elsie Leung Oi-sie yesterday insisted that political connections or favouritism played no part in the decision not to prosecute Ms Aw in an alleged fraud case.

She said there was no disagreement within the department on prosecuting only Hong Kong Standard general manager Henrietta So Shuk-wa, 35, former circulation director Wong Wai-shing, 45, and finance manager Tang Cheong-shing, 49.

The three executives appeared in Eastern Court in connection with an alleged plot to inflate circulation figures, and were released on bail. So and Tang denied the charges and Wong did not plead.

Ms Leung promised to attend Monday's meeting on the department's prosecution policy, the Provisional Legislative Council's spokesman said.

Administration of Justice and Legal Services panel vice-chairman Kennedy Wong Ying-ho said he expected discussion would be general.

'Since the court case is ongoing, it's very difficult for us to pinpoint the case [of Sally Aw].

'We cannot possibly ask anything evidential,' he said.

A group reviewing prosecution policies in 1995 acknowledged that the legislature had the right to call for explanations on whether relevant legal and policy factors had been considered.

Democratic Party leader Martin Lee Chu-ming said panel members must keep up their questioning until they were satisfied there was an acceptable reason why Ms Aw was not charged.

The charges accuse So, Tang and Wong of being involved in a conspiracy with Ms Aw.

In an open letter to Ms Leung, The Frontier's convenor, Emily Lau Wai-hing, called for clarification on why Ms Aw was spared from trial.

'Your unusual decision is bound to fuel queries over whether the administration did really abide by the rule of law,' Ms Lau said.

The Secretary for Justice said she had made the final decision not to prosecute.

'I can pledge that I have not taken into consideration political factors, nor have I practised favouritism,' she told the South China Morning Post yesterday.

Ms Aw is a local delegate of the Chinese People's Political Consultative Conference and Tung Chee-hwa is a former director of Sing Tao Holdings of which Ms Aw is the chairman.

Miss Leung said she hoped the Government's credibility would not be undermined.

'[However,] if I was afraid of what the public reaction would be, how could I make a fair decision?' she said.

She denied that there was internal disagreement with Director of Public Prosecutions Grenville Cross on the decision not to prosecute Ms Aw.

But she declined to disclose details of Ms Aw's case, because it was before the courts.

She further denied there was any disagreement with the Independent Commission Against Corruption.

'Legal advice always differs, this does not mean that we have disagreements,' she said.

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