Let Donald Tsang be an example: 'no one is above the law' says former justice chief
Elsie Leung says prosecution of Donald Tsang shows city's top official is not above the law, while CY Leung stays non-committal on revamp
Former justice minister Elsie Leung Oi-sie held out the prosecution of ex-leader Donald Tsang Yam-kuen as proof that the status of chief executive is not above the law, and backed calls yesterday for a rethink of whether anti-bribery laws should fully apply to Hong Kong's top official.
Chief Executive Leung Chun-ying, whose position was recently described by Beijing's top representative in the city as "transcending all three branches of government", refused to make such a commitment, but he denied any political consideration in the decision to charge Tsang after 31/2 years of investigation. The Administration Wing said such a revision needed to be handled prudently, as it had constitutional, legal and operational implications.
Tsang was charged under the common law by the Independent Commission Against Corruption on Monday with two counts of misconduct in public office for failing to declare some of his interests when he was chief executive. The maximum penalty for each count is seven years' imprisonment.
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Senior counsel and former lawmaker Ronny Tong Ka- wah called for a review of the Prevention of Bribery Ordinance, questioning why the chief executive should be only partially covered by it.
Under Section 3 of the ordinance, for example, any civil servant who solicits or accepts an advantage without the permission of the chief executive is guilty of an offence. That means the chief executive himself cannot be covered by the legislation.
The maximum penalty is a fine of HK$100,000 and one year in jail.