Outside Counsel Not Usual Practice: Teresa Cheng

"); jQuery("#212 h3").html("

Related News Programmes

"); jQuery(document).ready(function() { jwplayer.key='EKOtdBrvhiKxeOU807UIF56TaHWapYjKnFiG7ipl3gw='; var playerInstance = jwplayer("jquery_jwplayer_1"); playerInstance.setup({ file: "http://newsstatic.rthk.hk/audios/mfile_1438347_1_20190116181128.mp3", skin: { url: location.href.split('/', 4).join('/') + '/jwplayer/skin/rthk/five.css', name: 'five' }, hlshtml: true, width: "100%", height: 30, wmode: 'transparent', primary: navigator.userAgent.indexOf("Trident")>-1 ? "flash" : "html5", events: { onPlay: function(event) { dcsMultiTrack('DCS.dcsuri', 'http://news.rthk.hk/rthk/en/component/k2/1438347-20190116.mp3', 'WT.ti', ' Audio at newsfeed', 'WT.cg_n', '#rthknews', 'WT.cg_s', 'Multimedia','WT.es','http://news.rthk.hk/rthk/en/component/k2/1438347-20190116.htm', 'DCS.dcsqry', '' ); } } }); }); });

2019-01-16 HKT 13:16

Share this story

facebook

  • 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.

RECENT NEWS

Future Fintechs Hong Kong Subsidiary Seeks VASP And Asset Management Licenses

Future Fintech, a financial and digital technology services provider, announced that its wholly owned Hong Kong subsidi... Read more

Can Regulation Scale With Innovation? Inside The Stablecoin Plans Of HK And The U.S.

Back in 2022, stablecoins were still an emerging topic. Yet, they stirred enough flurry for the Hong Kong Monetary Auth... Read more

Cyberport Start-ups Forge Regional Fintech Ties At MyFintech Week 2025 In Malaysia

Cyberport led a delegation of its fintech start-ups to MyFintech Week 2025 (MyFW 2025), held in Kuala Lumpur from 4 to ... Read more

Hong Kongs Stablecoin Law Triggers Industry Concerns Over KYC Rules

Hong Kong’s newly implemented stablecoin law, in effect since 1 August, has sparked concern among some in the industr... Read more

Stopping Fraud At The Gate: The New Imperative For Registration & Transaction Monitoring

The Asia-Pacific fintech landscape is thriving, fueled by the rapid adoption of digital payments, online banking and al... Read more

Hong Kong Private Banks See 14% Growth, Hire 400 More Wealth Managers

Hong Kong’s private banking and wealth management sectors are poised for further growth in hiring and office expansio... Read more