Elsie Leung
Encyclopedia
Elsie Leung Oi-sie, GBM
JP
, ' onMouseout='HidePop("7738")' href="/topics/Hong_Kong">Hong Kong
) was the Secretary for Justice
of Hong Kong
from 1997 to 2005, and was a member of the Executive Council of Hong Kong
. She was succeeded by Wong Yan Lung
, SC
, on 20 October 2005.
(formerly known as Italian Convent School and Sacred Heart School) and the University of Hong Kong. Leung passed her Law Society Qualifying Examinations in 1967 and obtained her LLM degree from the University of Hong Kong in 1988. She is a past President of the International Federation of Women Lawyers
.
and started practice in 1968. She was a partner of local law firm
P. H. Sin & Co. and Iu, Lai & Li Solicitors (姚黎李律師行), specialising in divorce
cases. She served on various government boards and committees, including the Independent Police Complaints Council, Equal Opportunities Commission, Social Welfare Advisory Committee and Inland Revenue Board of Review. She was also honorary legal adviser to many non-governmental organisations.
("DAB"). She was appointed as a Delegate of the People's Congress of Guangdong
Province in 1989. In 1993, she was appointed as a Delegate of the 8th National People's Congress
as well as a Hong Kong Affairs Adviser. In the period leading up to the handover, Leung advised the Chief Executive Designate of the Hong Kong Special Administrative Region on legal matters relating to the establishment of the HKSAR.
of the Hong Kong Special Administrative Region. She was the Chief Executive
's chief legal adviser and an ex-officio member of the Executive Council
. She headed the Department of Justice
which has a staff of over 1,000, of whom about 290 are lawyers.
She is currently the Chairman of the Law Reform Commission, the Committee on Bilingual Legal System, the Legal Practitioners' Liaison Committee and serves on numerous committees, including the Fight Crime Committee and the Operations Review Committee of the Independent Commission Against Corruption
.
Leung was awarded the Grand Bauhinia Medal
in July 2002 for her "distinguished public service", and for her "significant contributions in ensuring the successful implementation of the new constitutional order under the One country, two systems
concept". She retired from office in October 2005.
over the circulation fraud
at The Standard
. The Hong Kong Bar Association
accused her of being "careless" in her handling of the case for failing to ensure that justice was seen to be done. The Democratic Party
and the Liberal Party
backed legal-sector legislator Margaret Ng
's motion of no-confidence. However, during the Legislative Council
vote, the Liberal Party
objected to government lobbying. It accused the Tung
administration of applying "back door" pressure on them to support Leung. The Liberals abstained in the vote, and party deputy chairman Ronald Arculli
staged a walk-out.
The Hong Kong Human Rights Monitor supported calls for Leung to resign after her apparent bias in several mainland China
-related cases, in addition to her non-prosecution of Sally Aw
. The incidents listed by the group include:
The Hong Kong government however expressed full confidence in Ms Leung, saying that in all the above cases she had acted entirely in accordance with the Basic Law and the prosecution policy of the Department of Justice.
Grand Bauhinia Medal
The Grand Bauhinia Medal the highest award under the Hong Kong honours and awards system, is to recognise the selected person's lifelong and highly significant contribution to the well-being of Hong Kong. The awardee is entitled to the postnominal letters GBM and the style "The Honorable"...
JP
Justice of the Peace
A justice of the peace is a puisne judicial officer elected or appointed by means of a commission to keep the peace. Depending on the jurisdiction, they might dispense summary justice or merely deal with local administrative applications in common law jurisdictions...
, ' onMouseout='HidePop("7738")' href="/topics/Hong_Kong">Hong Kong
Hong Kong
Hong Kong is one of two Special Administrative Regions of the People's Republic of China , the other being Macau. A city-state situated on China's south coast and enclosed by the Pearl River Delta and South China Sea, it is renowned for its expansive skyline and deep natural harbour...
) was the Secretary for Justice
Secretary for Justice
The Secretary for Justice is a member of the Hong Kong Government responsible for prosecutions and legal matters. He or she heads the Department of Justice....
of Hong Kong
Hong Kong
Hong Kong is one of two Special Administrative Regions of the People's Republic of China , the other being Macau. A city-state situated on China's south coast and enclosed by the Pearl River Delta and South China Sea, it is renowned for its expansive skyline and deep natural harbour...
from 1997 to 2005, and was a member of the Executive Council of Hong Kong
Executive Council of Hong Kong
The Executive Council of Hong Kong is a core policy-making organ in the executive branch of the government of Hong Kong.. The Chief Executive of Hong Kong serves as its President.The Executive Council normally meets once a week...
. She was succeeded by Wong Yan Lung
Wong Yan Lung
Wong Yan-lung, SC, JP is the current Secretary for Justice of Hong Kong since 20 October 2005.-Early years:Wong grew up in a small flat in Tai Wong Street East in Wan Chai. He sold ice cream with his father for a monthly income of HK$300-HK$400. Wong graduated from secondary school at Queen's...
, SC
Senior Counsel
The title of Senior Counsel or State Counsel is given to a senior barrister or advocate in some countries, typically equivalent to the title "Queen's Counsel" used in Commonwealth Realms...
, on 20 October 2005.
Education
Leung was educated in Hong Kong, at Sacred Heart Canossian CollegeSacred Heart Canossian College
Sacred Heart Canossian College is a Roman Catholic girls' school in Pokfulam, Chi Fu Fa Yeun, west Hong Kong Island, Hong Kong. Founded in 1860, the school currently serves some 1,400 students and 70 teaching staff....
(formerly known as Italian Convent School and Sacred Heart School) and the University of Hong Kong. Leung passed her Law Society Qualifying Examinations in 1967 and obtained her LLM degree from the University of Hong Kong in 1988. She is a past President of the International Federation of Women Lawyers
International Federation of Women Lawyers
The International Federation of Women Lawyers , in Spanish Federacion Internacional de Abogadas , is an International Non-Governmental Organization that enhances the status of women and children by providing legal aid, legal literacy and education programs, and through advocacy, law reform,...
.
Legal career
Elsie Leung qualified as a solicitorSolicitor
Solicitors are lawyers who traditionally deal with any legal matter including conducting proceedings in courts. In the United Kingdom, a few Australian states and the Republic of Ireland, the legal profession is split between solicitors and barristers , and a lawyer will usually only hold one title...
and started practice in 1968. She was a partner of local law firm
Law firm
A law firm is a business entity formed by one or more lawyers to engage in the practice of law. The primary service rendered by a law firm is to advise clients about their legal rights and responsibilities, and to represent clients in civil or criminal cases, business transactions, and other...
P. H. Sin & Co. and Iu, Lai & Li Solicitors (姚黎李律師行), specialising in divorce
Divorce
Divorce is the final termination of a marital union, canceling the legal duties and responsibilities of marriage and dissolving the bonds of matrimony between the parties...
cases. She served on various government boards and committees, including the Independent Police Complaints Council, Equal Opportunities Commission, Social Welfare Advisory Committee and Inland Revenue Board of Review. She was also honorary legal adviser to many non-governmental organisations.
Political career
Leung was a founding member of the pro-Beijing Democratic Alliance for the Betterment of Hong KongDemocratic Alliance for the Betterment of Hong Kong
Democratic Alliance for the Betterment and Progress of Hong Kong , formerly known as Democratic Alliance for the Betterment of Hong Kong, is the largest pro-Beijing political party in Hong Kong...
("DAB"). She was appointed as a Delegate of the People's Congress of Guangdong
Guangdong
Guangdong is a province on the South China Sea coast of the People's Republic of China. The province was previously often written with the alternative English name Kwangtung Province...
Province in 1989. In 1993, she was appointed as a Delegate of the 8th National People's Congress
National People's Congress
The National People's Congress , abbreviated NPC , is the highest state body and the only legislative house in the People's Republic of China. The National People's Congress is held in the Great Hall of the People, Beijing, capital of the People's Republic of China; with 2,987 members, it is the...
as well as a Hong Kong Affairs Adviser. In the period leading up to the handover, Leung advised the Chief Executive Designate of the Hong Kong Special Administrative Region on legal matters relating to the establishment of the HKSAR.
Secretary for Justice
On 1 July 1997, Leung became the first Secretary for JusticeSecretary for Justice
The Secretary for Justice is a member of the Hong Kong Government responsible for prosecutions and legal matters. He or she heads the Department of Justice....
of the Hong Kong Special Administrative Region. She was the Chief Executive
Chief Executive of Hong Kong
The Chief Executive of Hong Kong is the President of the Executive Council of Hong Kong and head of the Government of the Hong Kong Special Administrative Region. The position was created to replace the Governor of Hong Kong, who was the head of the Hong Kong government during British rule...
's chief legal adviser and an ex-officio member of the Executive Council
Executive Council of Hong Kong
The Executive Council of Hong Kong is a core policy-making organ in the executive branch of the government of Hong Kong.. The Chief Executive of Hong Kong serves as its President.The Executive Council normally meets once a week...
. She headed the Department of Justice
Department of Justice (Hong Kong)
The Department of Justice is the department responsible for the laws of Hong Kong headed by the Secretary for Justice. Before 1997, the names of the department and the position was the Legal Department and Attorney General respectively....
which has a staff of over 1,000, of whom about 290 are lawyers.
She is currently the Chairman of the Law Reform Commission, the Committee on Bilingual Legal System, the Legal Practitioners' Liaison Committee and serves on numerous committees, including the Fight Crime Committee and the Operations Review Committee of the Independent Commission Against Corruption
Independent Commission Against Corruption (Hong Kong)
The Independent Commission Against Corruption of Hong Kong was established by Governor Murray MacLehose on 15 February 1974, when Hong Kong was under British rule. Its main aim was to clean up endemic corruption in the many departments of the Hong Kong Government through law enforcement,...
.
Leung was awarded the Grand Bauhinia Medal
Hong Kong honours system
The existing Hong Kong honours system was created after transfer of government of Hong Kong to the People's Republic of China as a special administrative region in 1997...
in July 2002 for her "distinguished public service", and for her "significant contributions in ensuring the successful implementation of the new constitutional order under the One country, two systems
One country, two systems
"One country, two systems" is an idea originally proposed by Deng Xiaoping, then Paramount Leader of the People's Republic of China , for the reunification of China during the early 1980s...
concept". She retired from office in October 2005.
Controversies
Leung was involved in controversy in 1999 when she refused to prosecute Sally AwSally Aw
Sally Aw Sian, OBE. DStJ, JP is a Hong Kong businesswoman and adopted daughter of Chinese entrepreneur Aw Boon Haw.In 1931, Aw Boon Haw and the second of his four wives adopted the five-year-old daughter of a distant relative from Burma, changing the girl's name from She Moi to Sian...
over the circulation fraud
Fraud
In criminal law, a fraud is an intentional deception made for personal gain or to damage another individual; the related adjective is fraudulent. The specific legal definition varies by legal jurisdiction. Fraud is a crime, and also a civil law violation...
at The Standard
The Standard
The Standard is an English free newspaper of Hong Kong with a daily circulation of 231,018. It was called the Hong Kong Standard and changed to HKiMail during the Internet boom, but it changed back to The Standard in 2001....
. The Hong Kong Bar Association
Hong Kong Bar Association
The Hong Kong Bar Association is the professional regulatory body for barristers in Hong Kong, and was founded in 1949. Like other professional bodies, the HKBA has the authority to take disciplinary action to the members who breach the Code of Conduct of the Association...
accused her of being "careless" in her handling of the case for failing to ensure that justice was seen to be done. The Democratic Party
Democratic Party (Hong Kong)
The Democratic Party is a pro-democracy political party in Hong Kong. It was established on 2 October 1994. The party is currently the second largest party in the Legislative Council, headed by Chairman Albert Ho Chun-yan and, following the November 2008 merger with the Frontier, had around 745...
and the Liberal Party
Liberal Party (Hong Kong)
Liberal Party is a business-friendly liberal conservative political party in Hong Kong.-Party beliefs:The party is known for its conservative and business-friendly policies. Despite being a political party friendly with Beijing, it fits in the centre-right political spectrum...
backed legal-sector legislator Margaret Ng
Margaret Ng
Dr Margaret Ng Ngoi Yee is a politician, barrister, writer and columnist in Hong Kong. She has been a member of Legislative Council of Hong Kong since 1995....
's motion of no-confidence. However, during the Legislative Council
Legislative Council of Hong Kong
The Legislative Council is the unicameral legislature of Hong Kong.-History:The Legislative Council of Hong Kong was set up in 1843 as a colonial legislature under British rule...
vote, the Liberal Party
Liberal Party (Hong Kong)
Liberal Party is a business-friendly liberal conservative political party in Hong Kong.-Party beliefs:The party is known for its conservative and business-friendly policies. Despite being a political party friendly with Beijing, it fits in the centre-right political spectrum...
objected to government lobbying. It accused the Tung
Tung Chee Hwa
Tung Chee Hwa, GBM was the first Chief Executive and President of the Executive Council of the Hong Kong Special Administrative Region of the People's Republic of China....
administration of applying "back door" pressure on them to support Leung. The Liberals abstained in the vote, and party deputy chairman Ronald Arculli
Ronald Arculli
Ronald Joseph Arculli, GBM, GBS, CVO, OBE, JP is chairman of Hong Kong Exchanges and Clearing and Non-official Members Convenor of the Executive Council of Hong Kong . He is a Hong Kong solicitor and a founding partner of the law firm, Arculli, Fong, & Ng, which later merged with King &...
staged a walk-out.
The Hong Kong Human Rights Monitor supported calls for Leung to resign after her apparent bias in several mainland China
Mainland China
Mainland China, the Chinese mainland or simply the mainland, is a geopolitical term that refers to the area under the jurisdiction of the People's Republic of China . According to the Taipei-based Mainland Affairs Council, the term excludes the PRC Special Administrative Regions of Hong Kong and...
-related cases, in addition to her non-prosecution of Sally Aw
Sally Aw
Sally Aw Sian, OBE. DStJ, JP is a Hong Kong businesswoman and adopted daughter of Chinese entrepreneur Aw Boon Haw.In 1931, Aw Boon Haw and the second of his four wives adopted the five-year-old daughter of a distant relative from Burma, changing the girl's name from She Moi to Sian...
. The incidents listed by the group include:
- Non-prosecution of the Xinhua News AgencyXinhua News AgencyThe Xinhua News Agency is the official press agency of the government of the People's Republic of China and the biggest center for collecting information and press conferences in the PRC. It is the largest news agency in the PRC, ahead of the China News Service...
for breach of the Data Protection (Privacy) Ordinance;
- Failure to press for the rendition of the notorious criminal Cheung Tze-keung and the accused killer of Telford GardenTelford GardenTelford Garden is a private housing estate located above Kowloon Bay Station of the MTR, in Ngau Tau Kok, New Kowloon, Hong Kong. It was jointly built by Hang Lung Properties and Hopewell Holdings, and Telford Plaza II was built by New World Development; all are managed by the MTR Corporation ....
's multiple murders;
- Pressuring the Court of Final Appeal to clarify its judgment on the right of abodeRight of abode issue, Hong KongThe right of abode in Hong Kong is the right to legally reside in Hong Kong and was governed by rules both under British and Chinese administration. As the People's Republic of China stood to resume sovereignty over Hong Kong in 1997, the nationality of Hong Kongers as well as their right of abode...
issue; and
- Leung's private approach to Chief Justice Andrew LiAndrew LiAndrew Li Kwok-nang, CBE, GBM, JP is the former Chief Justice of the Court of Final Appeal of Hong Kong, a post he held from the 1997 Hong Kong handover until 31 August 2010 inclusive. He is succeeded by Geoffrey Ma.-Early life and education:...
Kwok-nang before the application of clarification on judgment.
The Hong Kong government however expressed full confidence in Ms Leung, saying that in all the above cases she had acted entirely in accordance with the Basic Law and the prosecution policy of the Department of Justice.