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The Advisory Committee on Post-office Employment for Former Chief Executives and Politically Appointed Officials has met today (23 July) to discuss the recent media reports on the involvement of former Chief Secretary, Mr Rafael Hui, in a company called R H & Lang Ltd.
The Committee has been briefed on the developments of the case in the light of recent reports on Mr Hui¡¯s declaration of his 50 percent shares in R H & Lang Ltd. The Committee noted that the newspapers and a few Legislative Council members have raised concerns on whether Mr Hui should have sought the advice of the Advisory Committee before setting up the company.
The Committee has examined Mr Hui¡¯s case and noted that Mr Hui has stressed that (a) there was no plan for the time being for the company to engage in any activity and (b) in the event that the company intended to become active in making investments prior to 1 July 2008, he would seek prior permission in accordance with established rules and procedures. The Committee has re-considered the circumstances under which a former politically appointed official is expected to approach the Committee for advice. The Committee is satisfied with the legal advice that forming a company with no intention of becoming active within the one-year prescribed period does not fall within the remit of paragraph 5.15 of the Code for Officials under the Political Appointment System.
Chairman of the Committee, Mr Justice Pang, said ¡°Paragraph 5.15 of the Code on which the Committee¡¯s work is based intends to avoid conflict of interests or the exploitation of information or connections gained while serving, after a politically appointed official steps down from office. If in doubt, the onus is on the former official to seek the advice of the Committee.¡±
Paragraph 5.15 of the Code stipulates that within one year after stepping down from office, former politically appointed officials shall seek the advice of a committee appointed by the Chief Executive before commencing any employment, becoming a director or a partner in any business or profession or starting any business or profession on his own account or with others. The Advisory Committee on Post-office Employment for Former Chief Executives and Politically Appointed Officials was appointed for this purpose. The membership of Committee is as follows -
The Honourable Mr Justice Pang Kin-kee (Chairman)
The Honourable Henry Fan Hung-ling, SBS, JP
Professor Lee Chack-fan, SBS, JP
Dr Norman Leung Nai-pang, GBS, LLD, JP
Dr Elizabeth S C Shing, BBS, JP
Ends/Wednesday, July 23, 2008
Issued at HKT 21:30
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