Don’t rush to judge Hong Kong justice chief Teresa Cheng over her illegal structures scandal

Although new Secretary for Justice Teresa Cheng Yeuk-wah finds herself in hot water over the illegal structures at her home and that of her husband, Oscar Poon Lok-to, some perspective is nonetheless essential. However reprehensible, illegal structures at ministers’ homes have not previously been treated as a resignation – or a prosecution – issue, and Cheng should not be treated differently.

The Buildings Ordinance (section 14) provides that building work shall not be carried out without the permission of the Building Authority, and that anyone contravening this is liable – unless the work is minor – to a fine of HK$400,000 (US$51,000) and imprisonment for two years on conviction. However, Cheng insists that the changes had already been made when she bought the property, and that there was nothing suspicious about them. If true, they must have been of a high standard, or Cheng, a qualified engineer, would presumably have realised something was amiss.

Once it becomes aware of illegal structures, the Buildings Department has a general policy to apparently issue removal orders rather than rushing to prosecution, which would probably overload the system, given the scale of the problem. Prosecution may be unavoidable if the changes are vast, as with the “underground palace” basement discovered in 2011 at the Kowloon Tong home of the former Chief Secretary Henry Tang Ying-yen. Tang’s wife, Lisa Kuo Yu-chin, who accepted responsibility for its construction, was fined HK$110,000.

Chief Executive Carrie Lam Cheng Yuet-ngor, has, however, concluded that Cheng’s integrity is not an issue, reflecting her previous stance on this issue.

In 2012, for example, when then-chief executive Leung Chun-ying apologised after illegal structures were discovered at his Peak home, blaming “negligence” on his part, Lam, then chief secretary, declared that his integrity was not in question. A rap over the knuckles has always sufficed for officials with illegal structures, provided they take remedial action.