Businessman Lew Mon-hung loses appeal in Hong Kong perversion of justice case
Court rules the chief executive and ICAC commissioner are legally empowered to halt probes such as the one carried out against the colourful businessman
Lew had complained that trial judge Frankie Yiu Fun-che erred when he accepted prosecutors’ claim that both the chief executive and the ICAC commissioner were legally empowered to halt them.
Defence counsel Joseph Tse Wah-yuen SC argued that the ICAC could not have terminated investigations without approval from its Operations Review Committee, meaning his client’s actions could not have perverted the investigation.
But the Court of Appeal ruled in an 81-page judgment that both the city’s leader and the ICAC commissioner – who reports only to the chief executive – are indeed so empowered, with the top official authorised to direct the ICAC head to exercise his discretion. Such powers are subject to checks and balances, such as when the committee reviews matters to prevent an abuse of power.