Chief Executive Leung Chun-ying today refused to say whether his administration would amend anti-bribery laws to cover him, a day after predecessor Donald Tsang Yam-kuen became Hong Kong’s highest-ranking official ever to be prosecuted for misconduct.
In 2012, a committee led by former chief justice Andrew Li Kwok-nang, set up after Tsang was accused of receiving favours from 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, as chief executive-designate, pledged to implement the recommendations as soon as possible.
Tsang was yesterday charged under common law with two counts of misconduct in public office for failing to declare some of his interests while serving as chief executive.
READ MORE: Donald Tsang misconduct prosecution shows Hong Kong chief executive is not above the law, former justice secretary says
Asked before the Executive Council’s weekly meeting this morning when the prevention of bribery ordinance would be amended, Leung referred to the answer given by the Administration Wing yesterday.
The Administration Wing told the media yesterday and the South China Morning Post today that since "the recommendations on the revisions to the prevention of bribery ordinance have constitutional, legal and operational implications and may have an impact on the existing [ordinance], the government needs to handle them prudently and study them in an in-depth and holistic manner".
"We will endeavour to complete the study as soon as possible and then consult the Legislative Council," a spokeswoman said.
Donald Tsang faces two charges of misconduct in public office. Photo: K. Y. Cheng
Last year, Leung was accused of corruption over a HK$50 million payment 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, Leung said “The two are irrelevant … That [sum] was an arrangement before I left my former company.”
Yesterday, Chief Secretary Carrie Lam Cheng Yuet-ngor praised Tsang’s contribution to Hong Kong, saying she was “privileged” to have worked closely with him.
Leung echoed Lam’s remarks this morning. He said: “I will comment no more. Of course, what Lam said yesterday was true: Mr Tsang spent a long time serving Hong Kong and contributed to the city and its government in various aspects.”
Leung said prosecuting Tsang was “an independent decision” made by the justice department, and there was no political consideration involved.
Meanwhile, senior counsel and former lawmaker Ronny Tong Ka-wah said the chief executive was only partially covered by existing anti-bribery legislation as he called for the government to review the law in light of Tsang’s case.
For example, he said the prevention of bribery ordinance had one article prohibiting public officers from accepting an advantage but it did not apply to the chief executive.
Tong said Tsang’s case showed a need for the government to include the chief executive under the full scope of the anti-bribery laws.
"I hope the community can continue to put pressure on the government, urging it to submit proposals to amend the ordinance," he said.
Former ICAC investigator Stephen Char Shik-ngor added that all ordinances governing public officers should be extended to cover the chief executive.
"Because the chief executive is different from the pre-1997 governors. They were representatives of the Queen who are traditionally immune from prosecution," Char said.
"But the central government does not give the chief executive the power to transcend the law," he said.
Additional reporting by Lai Ying-kit
http://m.scmp.com/news/hong-kong/politics/article/1864480/hong-kong-leader-cy-leung-tight-lipped-moves-tighten-anti
