The scandal over a top official's purchase of a luxury car, which came just in time for him to avoid higher auto taxes, heated up yesterday when a newspaper reported that prosecutors were told they have grounds for charges but were looking for a way out.
The Justice Department disputed the South China Morning Post's report that four outside attorneys had studied the case and advised the department there were grounds for a criminal prosecution of former Financial Secretary Antony Leung (梁錦松).
But officials declined to address the Post's contention that they were seeking a legal opinion that would justify no prosecution.
"We cannot discuss these sorts of operational matters," Justice Department spokesman Joe Cheung said by telephone. "We cannot discuss how or why these decisions are reached."
Leung bought a new Lexus in January then he raised auto taxes in March. The timing saved him HK$190,000 (US$24,359), and although he called it an oversight and tried to make amends by donating money to charity, critics insisted there was a conflict of interest.
Leung resigned on July 16 after Hong Kong's anti-graft agency completed a probe into the "Cargate" scandal and handed the findings to prosecutors.
The Justice Department has yet to decide whether to launch what would be an unprecedented prosecution of a former member of Chief Executive Tung Chee-hwa's (
Hong Kong has previously been accused of favoritism in criminal cases.
Secretary for Justice Elsie Leung (梁愛詩) came under intense fire in 1999 when Hong Kong prosecuted and jailed three newspaper executives in a circulation fraud case without bringing charges against the prominent publisher, who had been identified as a coconspirator.
The Post, without identifying its sources, reported yesterday the Justice Department had sought independent opinions from several leading attorneys, including three from Britain and at least two from Hong Kong.
Justice Department spokesman Cheung confirmed Hong Kong had sought outside legal views but said: "There is no substance to the report that four top lawyers have advised the department there is sufficient evidence to prosecute."
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