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October 05, 2015

Two charges pass muster, Hong Kong justice ministry asserts amid media reports of other allegations it did not pursue

JOYCE NG JOYCE.NG@SCMP.COM

PUBLISHED : Monday, 05 October, 2015, 1:59pm

UPDATED : Monday, 05 October, 2015, 1:59pm

Tsang, a former Hong Kong chief executive, faces two charges despite a number of other allegations being reported by media. Photo: David Wong

Matters reported by the media relating to Donald Tsang Yam-kuen, such as allegations that he accepted a cruise to Macau and travelled by private jet to Japan offered by tycoons, lack sufficient evidence for prosecution, according to the Department of Justice.

In a statement, the department said independent legal advice from overseas Queen’s Counsel was obtained to inform the decision on whether and what to prosecute.

“It is a decision made independently in the due discharge of the department’s constitutional duty under Article 63 of the Basic Law, free from any interference,” it said.

READ MORE: 'My conscience is clear': Former Hong Kong leader Donald Tsang confident court will clear him of misconduct charges over luxury flat lease

The two charges against Tsang now centre on his dealings with tycoon Bill Wong Cho-bau for leasing a Shenzhen flat. Tsang allegedly failed to disclose a conflict of interest when he discussed with the Executive Council applications for licences made by a broadcasting company, of which Wong was a shareholder. He also allegedly failed to issue such a declaration when he proposed that the architect who designed that flat’s interior should be recommended for government’s honours.

The media have reported matters concerning other favours allegedly accepted by Tsang. Those offers purportedly include a cruise trip to Macau and a private-jet trip to Japan to view red leaves. a

The department said matters other than those covered by the two charges, including “certain trips made by Mr Tsang” to places outside the special administrative region, have been covered by the investigation.

“Having carefully considered the available evidence, the applicable law … the DoJ is satisfied that there is no sufficient evidence to justify the commencement of criminal prosecution,” the statement said.

http://m.scmp.com/news/hong-kong/law-crime/article/1864202/two-charges-pass-muster-hong-kong-justice-ministry-asserts