Demand Justice Secretary's Full Justifications for Not Prosecuting C Y Leung, the Former HKSAR Chief Executive

K Chan made this Freedom of Information request to Department of Justice

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Response to this request is long overdue. By law, under all circumstances, Department of Justice should have responded by now (details). You can complain by requesting an internal review.

Dear Hon. Justice Secretary of HKSAR,

I am afraid this is my second request in the same month to the Justice Department, but this time, I have decided to write to you directly, following your evasive and hasty approach in handling the legislators criticism about your controversial decision for not prosecuting C Y Leung, for the following allegations about Leung:

- Didn't declare to the Court of Final Appeals as a compulsory requirement of the Basic Law Article 47, for him to receiving monies from UGL, months before and during his term of the Chief Executive of Hong Kong SAR ;
- Attempted several times to obstruct the justice, by trying to (a) cover up the above scandal and (b) interfere with the Legislative Council Select Committee's independent investigation of the scandal.

There have been far too many apparent evidences for all of the above alleged crimes committed by Leung. What on earth you could conclude there hasn't enough evidence to prosecute Leung, and play judge?

Enough is enough! I am now demanding a public statement from you, and it shall include the following details as the minimum:

Background of the Case
Prosecution criteria relevant to the Case
Disclosure of reasons for decision
The relevant law and the ICAC investigation
Statement of Leung or his legal representation to ICAC
Processing of the Case by DPP upon receipt of ICAC Report
DPP's review of the case
Conclusion

I also demand you to explain without ambiguities, your legitimate reasons and key considerations to justify your decision for not seeking independent legal advice from external senior legal counsels, and this sudden and significant change to the prosecution policies.

Yours faithfully,

K Chan

Department of Justice

Thank you very much for the message. The content has been noted. We shall
reply to you, where appropriate, as soon as possible. (The above is
generated by an auto-reply programme to acknowledge receipt of your
message.)

多謝閣下的電子郵件,內容備悉。如有需要,我們會盡快作出回覆。(以上為電腦自動
發出的回覆信息。)

Department of Justice

Dear Sir/Madam,

This is to acknowledge receipt of your email dated 4 February 2019. We
will give you a reply as soon as possible.

Maria WONG
for Director of Public Prosecutions

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Department of Justice

Dear Sir/Madam,
I refer to your emails dated 29 January 2019 and 4 February 2019 which we
acknowledged receipt on 4 February 2019 and 12 February 2019 respectively.
 
 
Please note that we need some more time to gather information about the
matters raised in your emails. We will give you a reply as soon as
possible.

Maria WONG
for Director of Public Prosecutions

From:        ODPP/DOJ/HKSARG
To:        <[FOI #346 email]>
Date:        12/02/2019 09:52
Subject:        Fw: Freedom of Information request - Demand Justice
Secretary's Full Justifications for Not Prosecuting C Y Leung, the Former
HKSAR Chief Executive
Sent by:        Heidi SM LAI

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Dear Sir/Madam,

This is to acknowledge receipt of your email dated 4 February 2019. We
will give you a reply as soon as possible.

Maria WONG
for Director of Public Prosecutions

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Dear Director of Public Prosecutions,

I don't want to be rude and how much more time you need, as the information that I have requested should have been ready before the controversial decision was being made. I am sorry to say I don't think you are in the position to provide the justification as requested, unless the Justice Secretary's erratic and ridiculous decision was based on your recommendation.

According to information from the media, it is understood that this was a decision made by the Justice Secretary herself. She should be the one to respond to my request for the justification, not YOU.

Yours faithfully,

K Chan

Department of Justice

Thank you very much for the message. The content has been noted. We shall
reply to you, where appropriate, as soon as possible. (The above is
generated by an auto-reply programme to acknowledge receipt of your
message.)

多謝閣下的電子郵件,內容備悉。如有需要,我們會盡快作出回覆。(以上為電腦自動
發出的回覆信息。)

Dear Department of Justice,

Please pass this on to the person who conducts Freedom of Information reviews.

I am writing to request an internal review of Department of Justice's handling of my FOI request 'Demand Justice Secretary's Full Justifications for Not Prosecuting C Y Leung, the Former HKSAR Chief Executive'.

A full history of my FOI request and all correspondence is available on the Internet at this address: https://accessinfo.hk/en/request/demand_...

Yours faithfully,

K Chan

Department of Justice

Thank you very much for the message. The content has been noted. We shall
reply to you, where appropriate, as soon as possible. (The above is
generated by an auto-reply programme to acknowledge receipt of your
message.)

多謝閣下的電子郵件,內容備悉。如有需要,我們會盡快作出回覆。(以上為電腦自動
發出的回覆信息。)

Department of Justice

Dear Sir/Madam,

This is to acknowledge receipt of your email dated 6 March 2019. We will
give you a reply as soon as possible.

Maria WONG
for Director of Public Prosecutions

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