Outside Counsel Not Usual Practice: Teresa Cheng

Justice Secretary Teresa Cheng told lawmakers on Wednesday that seeking outside counsels' advice is not usual practice, and such a move was not needed in the case of undeclared payments made by Australian firm UGL to former Chief Executive CY Leung.

Facing the Legislative Council for the first time since the Department of Justice (DOJ) decided there was not enough evidence to pursue the case, Cheng said prosecution decisions are taken completely independently.

She said it is not a norm of the DOJ to give out cases for legal advice. Over the past three years, the department had provided advice to over 13,000 cases and only once – in 2017 –was outside advice sought, Cheng said.

The secretary also said giving reasons for the department's decisions may not be in the public interest, as this may lead to a trial by public opinion, without the protections provided by legal proceedings.

Cheng also said that media reports cannot be allowed to sway such matters.

The DOJ decision had triggered a controversy after many prominent lawyers, the Bar Association and opposition lawmakers questioned why no independent legal advice was sought.

They had pointed out that such advice was sought in cases involving top officials before, including former Chief Executive Donald Tsang and former Financial Secretary Antony Leung.

Antony Leung had been in trouble for purchasing a luxury car just weeks before he announced a tax increase on such vehicles in 2003. He quit after the reports came out, but the justice department did not prosecute him.