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Former buildings chief Leung Chin-man  has been given the go-ahead to launch a legal challenge against a critical Audit Commission report.

Mr Justice Michael Hartmann,  of the Court of First Instance, yesterday granted Mr Leung leave for a judicial review of the auditor's report on the decision in 2001 to approve a bonus land grant to property developer Henderson Land.

Mr Justice Hartmann said he was satisfied there was an  arguable case that the findings of the report 'constituted a determination or decision by a public officer in exercising statutory duty' that could be prejudicial to Mr Leung.

Director of Audit Benjamin Tang Kwok-bun  said he respected the judge's decision and would fully co-operate with the judicial process.

Mr Leung could not be reached for comment.

Anthony Neoh SC,  for Mr Leung, told the court his client's personal reputation had suffered as a result of press reports on the auditor's report.

Mr Neoh said his client's legal bid was solely to challenge the 'lawfulness' of the auditor's report, not to question the motives and integrity of Audit Commission staff.

He contended the director of audit was acting beyond his remit and his decision was unreasonable.

The report said Henderson Land paid a premium of just $6 million for the extra 10,700 square metres it was granted at its Grand Promenade  development in Sai Wan Ho.

It said this cost the government an estimated $125 million and helped the developer to double the originally planned number of flats and earn an extra $3.23 billion.

After the release of the report last month, Chief Executive Donald Tsang Yam-kuen  appointed a three-member independent commission led by a non-permanent judge of the Court of Final Appeal to look into it.

Mr Leung asked the court in his judicial review application to quash three of the director of audit report's findings, including one stating the Buildings Department should have consulted all relevant government departments before granting the bonus land and the site's plot ratio.

Mr Justice Hartmann said the court would focus on the legality of the audit procedure. A date for the hearing has yet to be fixed.

Inquiries   by the Legislative Council Public Accounts Committee and the independent commission would deal with issues of merit.

Ma Ngok,  a political scientist at the University of Science and Technology, said Mr Leung's legal challenge  would undermine the effectiveness of the Audit Commission.



Former buildings chief gets go-ahead to challenge critical audit report