Otto Poon, the husband of Secretary for Justice Teresa Cheng, has been prosecuted for illegal structures at his house in Tuen Mun, the government’s director of public prosecutions said on Friday.
But Cheng will not be prosecuted for illegal structures at her house, which is situated right next to her husband’s. The couple’s unauthorised building works were revealed by the media in January this year.
Director of Public Prosecutions David Leung said in a statement that that – to avoid possible perception of bias – he instructed Senior Counsel Edwin Choy to provide an independent opinion last month. Choy has no connection with the case.
In explaining the decision, Leung said Choy advised that there was no evidence to suggest that the unauthorised building works were constructed after Cheng had purchased her house, or that she had knowingly commenced or carried out unauthorised building works after taking ownership.
Leung said Choy therefore concluded there was insufficient evidence to warrant a charge under the Buildings Ordinance against Cheng.
“The decision not to institute [a] prosecution against Ms Cheng in respect of the above [unauthorised building works] has been made in accordance with the Prosecution Code and the applicable law,” Leung said in the statement.
Leung said in the statement that the decision was explained publicly “so that the public are fully and properly informed about this case which has been the subject of public concern.”
Cheng is currently on official leave until December 27.
