'Teresa Cheng Deviated From Predecessor's Path'

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2019-01-17 HKT 17:56

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  • Law professor Johannes Chan says seeking independent legal opinion would make the process more convincing. Photo: RTHK

    Law professor Johannes Chan says seeking independent legal opinion would make the process more convincing. Photo: RTHK

A former law dean of the University of Hong Kong, Johannes Chan, says it is clear that the Justice Secretary Teresa Cheng deviated from her predecessors' practice by not seeking external legal advice on a case involving a senior official.

On Wednesday, Cheng again defended her department’s decision not to prosecute former chief executive CY Leung, saying such a move was not usual and a second opinion from an outside counsel was not needed in the case of the undeclared payments made by Australian firm UGL to Leung.

However, Chan said past justice secretaries had all followed the practice in sensitive cases involving senior government officials, and it would have been "far better" in the eyes of the public if Cheng had also done so.

He was speaking to reporters after taking part in a seminar on Hong Kong's outlook this year.

"Seeking outside independent legal opinion is not to replace the discretion of the secretary for justice," he said, being as the minister is responsible for making the final decision.

"But the input of an outside independent counsel will make the process more convincing, more impartial and it can allay people’s concern about any possible bias in the process," Chan said.

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