Teresa Cheng (politician)
{{Short description|Hong Kong barrister and politician}}
{{EngvarB|date=July 2021}}
{{Use dmy dates|date=July 2021}}
{{Family name hatnote|Cheng|Teresa Cheng|Cheng Yeuk-wah|lang=Hong Kong}}
{{Infobox officeholder
| honorific-prefix = The Honourable
| image = File:港府執意推進《逃犯條例》修法民陣謹慎動員民眾抗爭3 (cropped).jpg
| name = Teresa Cheng
| native_name = {{nobold|鄭若驊}}
| honorific-suffix = {{post-nominals|country=HKG|GBM|GBS|SC|JP}}
| native_name_lang = zh-hk
| office = 4th Secretary for Justice of Hong Kong
| term_start = 6 January 2018
| term_end = 30 June 2022
| 1blankname = Chief Executive
| 1namedata = Carrie Lam
| predecessor = Rimsky Yuen
| successor = Paul Lam
| birth_name =
| birth_date = {{birth date and age|df=y|1958|11|11}}
| birth_place = Hong Kong
| residence = Villa De Mer, Tuen Mun
| spouse = {{marriage|Herman Li Hong-wah|1987|2010|end=div.}}
{{marriage|Otto Poon Lok-to|2016}}
| alma_mater = King's College London (BSc)
University of London (LLB)
| profession = Arbitrator, barrister, engineer, politician
| caption = Cheng in 2019
}}
{{Chinese
| title = Teresa Cheng Yeuk-wah
| order = ts
| t = 鄭若驊
| s = 郑若骅
| j = zeng6 joek6 waa4
| p = Zhèng Ruòhuá
}}
Teresa Cheng Yeuk-wah {{post-nominals|country=HKG|GBM|GBS|SC|JP}} ({{zh-t|鄭若驊}}; born 11 November 1958) is a Hong Kong Senior Counsel, arbitrator and politician. She served as Secretary for Justice of Hong Kong from 2018 to 2022. She was also the chairperson of the Financial Dispute Resolution Centre, the Hong Kong International Arbitration Centre (HKIAC) and vice-president of the International Council of Commercial Arbitration (ICCA).
Academic and legal career
Cheng graduated from the King's College London with the Bachelor of Science in Engineering and the University of London with the Bachelor of Laws. She was called to the Bar in England and Wales and Hong Kong in 1987 and in New South Wales, Australia in 1990, before Singapore in 1995. She was called to the Hong Kong Inner Bar in 2000. Prior to her appointment as Secretary for Justice, Cheng practised at Des Voeux Chambers, specialising in construction, international commercial transactions, joint venture contracts and investment arbitration, international arbitration and mediation.{{cite web|title=Teresa Cheng GBS, SC, JP|url=http://www.dvc.hk/en/members-of-chambers/silks/teresa-cheng-g.b.s-s.c.-j.p/|work=Des Voeux Chambers|access-date=5 January 2018|archive-date=6 January 2018|archive-url=https://web.archive.org/web/20180106063616/http://www.dvc.hk/en/members-of-chambers/silks/teresa-cheng-g.b.s-s.c.-j.p/|url-status=live}} She has also sat as a Deputy Judge in the Court of First Instance of the High Court of Hong Kong.
Cheng also holds several academic positions. She is a Fellow of King's College London, previously an honorary and visiting professor of the China University of Political Science and Law and the course director of the International Arbitration and Dispute Settlement Course at the School of Law, Tsinghua University and Adjunct Professor with the Hong Kong Polytechnic University. Cheng co-authored numerous books and articles, including Construction Law and Practice in Hong Kong and Arbitration in Hong Kong: A Practical Guide, published by Sweet & Maxwell, and papers in the International Council for Commercial Arbitration Congress Series, published by Kluwer Law International.{{cite web|title=Prof Teresa CHENG Yeuk-wah GBS, SC, JP|url=http://www.fdrc.org.hk/en/html/aboutus/aboutus_ourboard_1.php|work=Financial Dispute Resolution Centre|access-date=5 January 2018|archive-date=3 December 2017|archive-url=https://web.archive.org/web/20171203152712/http://www.fdrc.org.hk/en/html/aboutus/aboutus_ourboard_1.php|url-status=live}}
Public career
She has been appointed in various positions, previously serving as the chairperson for the Provisional Minimum Wage Commission, Transport Advisory Committee, Town Planning Appeal Board, Environmental Impact Assessment Appeal Board Panel, the Appeal Tribunal (Buildings) Panel and the Copyright Tribunal among others. She is the current chairperson of the Financial Dispute Resolution Centre and Air Transport Licensing Authority and a member of the Construction Industry Council and two Working Groups on Mediation in Hong Kong.
She is also the chairperson of the Hong Kong International Arbitration Centre (HKIAC) and vice-president of the International Council of Commercial Arbitration (ICCA). She was the first Asian woman to be elected as president of the Chartered Institute of Arbitrators (CIArb). In 2006 and 2011, she was awarded the Bronze Bauhinia Star and Gold Bauhinia Star by the Chief executive Donald Tsang in recognition of her public service.{{cite news|title=Teresa Cheng, GBS, SC, JP|url=http://www.doj.gov.hk/mediatefirst/eng/pdf/CV-15.pdf|work=Department of Justice|access-date=5 January 2018|archive-date=15 June 2018|archive-url=https://web.archive.org/web/20180615021138/https://www.doj.gov.hk/mediatefirst/eng/pdf/CV-15.pdf|url-status=dead}}
Secretary for Justice
On 5 January 2018, Chief executive Carrie Lam announced her appointment as the Secretary for Justice with effect from the following day, succeeding the retiring Rimsky Yuen.{{cite news|title=Teresa Cheng takes reins as Hong Kong secretary for justice as Rimsky Yuen leaves office|url=http://www.scmp.com/news/hong-kong/politics/article/2126929/teresa-cheng-takes-reins-hong-kong-secretary-justice-rimsky|newspaper=South China Morning Post|date=5 January 2018|access-date=5 January 2018|archive-date=5 January 2018|archive-url=https://web.archive.org/web/20180105022143/http://www.scmp.com/news/hong-kong/politics/article/2126929/teresa-cheng-takes-reins-hong-kong-secretary-justice-rimsky|url-status=live}}
= Illegal structures controversy=
Ming Pao and Apple Daily revealed on 5 January 2018, just before Cheng was due to take office, that there was an extra staircase seemingly leading to illegal structures in her residence at No. 4 Villa de Mer, 5 Lok Chui Street, Siu Lam, Tuen Mun.{{Cite web|date=21 August 2020|title=Teresa Cheng's mortgage under scrutiny as US sanctions cut bank ties|url=https://www.scmp.com/business/article/3098268/hong-kong-justice-secretarys-standard-chartered-mortgage-under-scrutiny-us|access-date=24 August 2020|website=South China Morning Post|language=en|archive-date=24 August 2020|archive-url=https://web.archive.org/web/20200824122154/https://www.scmp.com/business/article/3098268/hong-kong-justice-secretarys-standard-chartered-mortgage-under-scrutiny-us|url-status=live}} She apologised for the "inconvenience caused" by the illegal structures, admitting it was illegal but arguing that the basements and rooftop structures in question on both properties existed before she bought the residence.{{cite news|date=6 January 2018|title=Hong Kong justice secretary Teresa Cheng apologises on first day in office for controversy over 'illegal structures' in her home|newspaper=South China Morning Post|url=http://www.scmp.com/news/hong-kong/politics/article/2127105/hong-kong-justice-secretary-teresa-cheng-apologises-first|access-date=6 January 2018|archive-date=6 January 2018|archive-url=https://web.archive.org/web/20180106050540/http://www.scmp.com/news/hong-kong/politics/article/2127105/hong-kong-justice-secretary-teresa-cheng-apologises-first|url-status=live}} Lawrence Lok Ying-kam SC asked Cheng to consider her resignation.{{cite news|date=8 January 2018|title=Hong Kong buildings inspectors to begin probe into suspected illegal structures at new justice chief's home|newspaper=South China Morning Post|url=http://www.scmp.com/news/hong-kong/politics/article/2127264/hong-kongs-new-justice-chief-teresa-cheng-should-consider|access-date=9 January 2018|archive-date=9 January 2018|archive-url=https://web.archive.org/web/20180109184034/http://www.scmp.com/news/hong-kong/politics/article/2127264/hong-kongs-new-justice-chief-teresa-cheng-should-consider|url-status=live}} Further reports, confirmed by Buildings Department inspectors, revealed that there were ten unauthorised extensions, including the basements and the rooftop structures, on Cheng's residence and an adjacent property belonging to her husband, Otto Poon Lok-to. It emerged in the media reports in the following days that a mortgage deed Cheng signed with the bank for the house did not mention the basement.{{cite news|date=11 January 2018|title=Hong Kong leader Carrie Lam backs under-fire justice chief Teresa Cheng as mortgage deed raises new questions|newspaper=South China Morning Post|url=http://www.scmp.com/news/hong-kong/politics/article/2127769/hong-kong-leader-carrie-lam-backs-under-fire-justice-chief}}
In December 2018, the Buildings Department announced three units with problematic structures of the Cheng's properties "had been corrected" and Cheng would not be prosecuted over illegal structures but they would only charge Cheng’s engineer husband Otto Poon over suspected unauthorised structures at their homes in Tuen Mun.{{cite news|date=24 December 2018|title=Hong Kong justice chief Teresa Cheng avoids prosecution again over illegal structures|newspaper=South China Morning Post|url=https://www.scmp.com/news/hong-kong/society/article/2179401/hong-kong-justice-chief-teresa-cheng-avoids-prosecution-again|access-date=29 January 2019|archive-date=30 January 2019|archive-url=https://web.archive.org/web/20190130053728/https://www.scmp.com/news/hong-kong/society/article/2179401/hong-kong-justice-chief-teresa-cheng-avoids-prosecution-again|url-status=live}}
=UGL case controversy=
On 12 December 2018, the Department of Justice also issued a statement claiming there was "insufficient evidence to support a reasonable prospect of conviction" against former Chief Executive Leung Chun-ying for any criminal offence over Leung's receipt of HK$50 million from Australian engineering firm UGL.{{cite news|date=12 December 2018|title=Former Hong Kong chief executive CY Leung cleared of any wrongdoing over HK$50 million UGL payment after four-year ICAC probe|newspaper=South China Morning Post|url=https://www.scmp.com/news/hong-kong/politics/article/2177693/former-hong-kong-chief-executive-cy-leung-cleared-any|access-date=29 January 2019|archive-date=23 June 2021|archive-url=https://web.archive.org/web/20210623124947/https://www.scmp.com/news/hong-kong/politics/article/2177693/former-hong-kong-chief-executive-cy-leung-cleared-any|url-status=live}} Many critics, including former Director of Public Prosecutions Grenville Cross, said he found it "very surprising" that no independent legal advice was sought on Leung's case and urged the Secretary for Justice to explain. "For many years, this has been the invariable practice whenever a senior government official has been suspected of a criminal offence," Cross said. The Democratic Party also considered asking for a judicial review of the Department of Justice's decision.{{cite news|date=14 December 2018|title=Democrats ponder next move after justice department ends investigation into former Hong Kong leader CY Leung|newspaper=South China Morning Post|url=https://www.scmp.com/news/hong-kong/politics/article/2177918/democrats-ponder-next-move-after-justice-department-ends|access-date=29 January 2019|archive-date=20 January 2019|archive-url=https://web.archive.org/web/20190120044630/https://www.scmp.com/news/hong-kong/politics/article/2177918/democrats-ponder-next-move-after-justice-department-ends|url-status=live}}
Hundreds of protesters demonstrated against the government's decision on 23 December. Cheng, who was under fire and demanded a more detailed explanation kept silence for two weeks until Cheng returned from her leave on 26 December. She dismissed suggestions that she had been on official leave since 15 December to avoid facing the public "spurious". She also argued the issues were being "politicised".{{cite news|date=26 December 2018|title=Hong Kong justice chief Teresa Cheng under fire after rejecting calls to further explain CY Leung's UGL payment case|newspaper=South China Morning Post|url=https://www.scmp.com/news/hong-kong/politics/article/2179519/hong-kong-justice-chief-teresa-cheng-rejects-calls-further|access-date=29 January 2019|archive-date=30 January 2019|archive-url=https://web.archive.org/web/20190130053811/https://www.scmp.com/news/hong-kong/politics/article/2179519/hong-kong-justice-chief-teresa-cheng-rejects-calls-further|url-status=live}} She rejected the need to give further explanations on the Leung case, including of whether she was personally involved in the decision not to prosecute Leung, and also rejected the Bar Association's call to delegate prosecution decisions to the top prosecutor.{{cite news|date=28 January 2018|title=Hong Kong lawmakers vote down no-confidence motion against embattled justice chief Teresa Cheng over dropped CY Leung case|newspaper=South China Morning Post|url=https://www.scmp.com/news/hong-kong/politics/article/2184002/hong-kong-lawmakers-vote-down-no-confidence-motion-against}}
Her popular ratings fell to a new low among senior officials, according to two new polls conducted by the University of Hong Kong and Chinese University of Hong Kong. The opposition pro-democrats mounted a no-confidence motion, tabled by Dennis Kwok, against Cheng. Cheng survived with the no-confidence motion with the support of the pro-Beijing legislators.
=2019–20 Hong Kong protests=
Cheng was considered a key figure in the drafting of the extradition bill that led to the 2019–20 Hong Kong protests. In October 2019, Cheng's public approval ratings dropped to 14.7 points out of 100, the lowest among the top officials in Hong Kong according to a poll conducted by the Hong Kong Public Opinion Research Institute, categorising her performance as "disastrous".{{cite web|last=Cheng|first=Kris|date=9 October 2019|title='Disastrous performance': Carrie Lam's rating plunges to lowest among any Hong Kong Chief Exec. yet|url=https://www.hongkongfp.com/2019/10/09/disastrous-performance-carrie-lams-rating-plunges-lowest-among-hong-kong-chief-exec-yet/|access-date=6 November 2019|work=Hong Kong Free Press}}
Following the death of Chow Tsz-lok, Cheng was heckled and jostled by supporters of the protests in London, who called her "murderer", when she was entering Bloomsbury Square to give a lecture. She fell on the ground and injured her arm.{{cite web|last=Cheng|first=Kris|date=15 November 2019|title=Hong Kong Justice Sec. Teresa Cheng 'injured' in brush with London protesters|url=https://www.hongkongfp.com/2019/11/15/hong-kong-justice-sec-teresa-cheng-injured-brush-london-protesters/|access-date=20 November 2019|work=Hong Kong Free Press}}
In January 2021, Cheng stated her support for the National Security Law, claiming that One country, two systems had not been undermined by the law.{{Cite web|title='Beijing had every right to introduce security law' – RTHK|url=https://news.rthk.hk/rthk/en/component/k2/1569805-20210111.htm?|access-date=11 January 2021|publisher=RTHK|language=en-gb|archive-date=11 January 2021|archive-url=https://web.archive.org/web/20210111093431/https://news.rthk.hk/rthk/en/component/k2/1569805-20210111.htm|url-status=live}} Earlier in November 2020, Cheng claimed that the national security law had encouraged positive investment and commerce in Hong Kong.{{Cite web|date=30 November 2020|title=Justice minister takes aim at media over 'unfair criticism' of national security law|url=https://www.scmp.com/news/hong-kong/politics/article/3111987/hong-kongs-justice-minister-takes-aim-media-over-unfair|access-date=21 February 2021|website=South China Morning Post|language=en|archive-date=7 December 2020|archive-url=https://web.archive.org/web/20201207094310/https://www.scmp.com/news/hong-kong/politics/article/3111987/hong-kongs-justice-minister-takes-aim-media-over-unfair|url-status=live}}
In February 2021, at the 46th session of the United Nations Human Rights Council, Cheng appeared in a video message and said that because of the National Security Law, "people are free to express different views openly," and that "The National Security Law expressly provides that human rights such as freedom of speech and assembly, be protected."{{cite web |title=Video message by SJ at 46th session of UN Human Rights Council (with photos/video) |url=https://www.info.gov.hk/gia/general/202102/26/P2021022600824.htm |publisher=Hong Kong Government |date=26 February 2021}}
=U.S. sanctions=
On 3 July 2020, the Chinese official media, Xinhua News Agency, stated that the Committee for Safeguarding National Security of the Hong Kong Special Administrative Region was formally established. There were 10 members of the committee. As the Secretary for Justice of Hong Kong, Cheng was a member of the committee.{{cite web|last1=Liu|first1=Mingyang|date=8 August 2020|title=The Committee for Safeguarding National Security of the Hong Kong Special Administrative Region is formally established with Carrie Lam as chairman|url=http://www.xinhuanet.com/renshi/2020-07/03/c_1126193231.htm|archive-url=https://web.archive.org/web/20200808053324/http://www.xinhuanet.com/2020-07/06/c_1126203435.htm|archive-date=8 August 2020|access-date=8 August 2020|website=Xinhua Net}}
In August 2020, Cheng and ten other officials were sanctioned by the United States Department of the Treasury under Executive Order 13936 by President Trump for undermining Hong Kong's autonomy.{{cite news |title=US sanctions Hong Kong leader Carrie Lam, police chief and 9 other top officials for 'undermining autonomy' |url=https://hongkongfp.com/2020/08/07/breaking-us-sanctions-hong-kong-leader-carrie-lam-police-chief-and-other-top-officials-for-undermining-autonomy/ |access-date=7 August 2020 |work=Hong Kong Free Press |date=7 August 2020 |archive-date=3 March 2021 |archive-url=https://archive.today/20210303203731/https://hongkongfp.com/2020/08/07/breaking-us-sanctions-hong-kong-leader-carrie-lam-police-chief-and-other-top-officials-for-undermining-autonomy/ |url-status=live }}{{cite news |last1=Macias |first1=Amanda |title=U.S. sanctions Hong Kong leader Carrie Lam for carrying out Chinese 'policies of suppression' |url=https://www.cnbc.com/2020/08/07/us-sanctions-hong-kong-leader-carrie-lam.html |access-date=7 August 2020 |publisher=CNBC |date=7 August 2020 |language=en |archive-date=7 August 2020 |archive-url=https://web.archive.org/web/20200807171139/https://www.cnbc.com/2020/08/07/us-sanctions-hong-kong-leader-carrie-lam.html |url-status=live }}{{cite web |url= https://home.treasury.gov/news/press-releases/sm1088 |publisher= United States Department of the Treasury |title= Treasury Sanctions Individuals for Undermining Hong Kong's Autonomy |date= 7 August 2020 |access-date= 7 August 2020 |archive-date= 7 August 2020 |archive-url= https://web.archive.org/web/20200807234822/https://home.treasury.gov/news/press-releases/sm1088 |url-status= live }}
Analogue Holdings Limited (ATAL; 1977) a company controlled by Poon Lok-To, spouse of Cheng, announced on 11 August that it has sold back 2% of shares of Transel Elevator & Electric Inc. (TEI) at cost to Mark Gregorio, chairman of TEI, for US$1.4 million (approximately HK$10.92 million) to reduce ATAL's interest from 51% to 49% after the sanction against Teresa Cheng.{{cite news |title=Justice chief's spouse sells stake in US business in wake of US sanctions |url=https://www.thestandard.com.hk/breaking-news/section/4/152892/Justice-chief's-spouse-sells-stake-in-US-business-in-wake-of-US-sanctions |access-date=18 August 2020 |work=The Standard |date=11 August 2020}}{{cite news |title=安樂工程減持美企2%避制裁 |url=https://news.mingpao.com/pns/%E7%B6%93%E6%BF%9F/article/20200812/s00004/1597171173609/%E5%AE%89%E6%A8%82%E5%B7%A5%E7%A8%8B%E6%B8%9B%E6%8C%81%E7%BE%8E%E4%BC%812-%E9%81%BF%E5%88%B6%E8%A3%81 |work=Ming Pao |language=zh |date=12 August 2020 |access-date=15 August 2020 |archive-date=18 August 2020 |archive-url=https://web.archive.org/web/20200818145557/https://news.mingpao.com/pns/%e7%b6%93%e6%bf%9f/article/20200812/s00004/1597171173609/%e5%ae%89%e6%a8%82%e5%b7%a5%e7%a8%8b%e6%b8%9b%e6%8c%81%e7%be%8e%e4%bc%812-%e9%81%bf%e5%88%b6%e8%a3%81 |url-status=live }} Analogue Holdings was awarded government contracts worth HK$1.2 billion in financial year 2018–2019.{{Cite web|date=24 July 2019|title=Justice minister's company links renew debate on declaring interests|url=https://www.scmp.com/news/hong-kong/politics/article/3019825/revelation-hong-kong-stock-exchange-filing-about-justice|access-date=24 August 2020|website=South China Morning Post|language=en|archive-date=8 November 2020|archive-url=https://web.archive.org/web/20201108000230/https://www.scmp.com/news/hong-kong/politics/article/3019825/revelation-hong-kong-stock-exchange-filing-about-justice|url-status=live}}
On 14 October 2020, the United States Department of State released a report on ten individuals who materially contributed to the failure of the China to meet its obligations under the Sino–British Joint Declaration and Hong Kong's Basic Law. Cheng was included on the list.{{cite web |last1= U.S. Department of State | title= Identification of Foreign Persons Involved in the Erosion of the Obligations of China Under the Joint Declaration or the Basic Law |url= https://www.state.gov/identification-of-foreign-persons-involved-in-the-erosion-of-the-obligations-of-china-under-the-joint-declaration-or-the-basic-law/ |access-date=14 October 2020|archive-url= https://web.archive.org/web/20201015031346/https://www.state.gov/identification-of-foreign-persons-involved-in-the-erosion-of-the-obligations-of-china-under-the-joint-declaration-or-the-basic-law/ | archive-date=15 October 2020}}
= Separation of powers =
In September 2020, Cheng wrote a commentary on SCMP, saying that separation of powers between branches of government "has no place" in Hong Kong.{{Cite web|date=9 September 2020|title='Separation of powers' has no place in Hong Kong, justice chief says|url=https://www.scmp.com/news/hong-kong/politics/article/3100711/justice-minister-teresa-cheng-wades-separation-powers|access-date=9 September 2020|website=South China Morning Post|language=en}}
= Attacks on the judiciary =
In December 2020, five members of the Law Society asked that Cheng defend the judicial system from attacks by mainland state media, after People's Daily claimed that granting Jimmy Lai bail had hurt Hong Kong's rule of law, and claimed that he should be tried in the mainland.{{Cite web|title='State media must stop attacks on HK's judiciary' – RTHK|url=https://news.rthk.hk/rthk/en/component/k2/1567821-20201230.htm?|access-date=30 December 2020|publisher=RTHK|language=en-gb|archive-date=30 December 2020|archive-url=https://web.archive.org/web/20201230060416/https://news.rthk.hk/rthk/en/component/k2/1567821-20201230.htm|url-status=live}} The Hong Kong Bar Association also made a similar request, saying that Cheng must "take appropriate action and come forward to staunchly defend the independence of the judiciary."{{Cite web|title=Justice minister should defend judiciary against media attacks, says Hong Kong Bar Association | Apple Daily|url=https://hk.appledaily.com/news/20201230/T3YTRIWCDFEDPJE6X4KTEKLCZA/|access-date=30 December 2020|website=Apple Daily |language=zh|archive-date=29 December 2020|archive-url=https://web.archive.org/web/20201229230626/https://hk.appledaily.com/news/20201230/T3YTRIWCDFEDPJE6X4KTEKLCZA/|url-status=live}} In January 2021, the Bar Association's chairman, Philip Dykes, reiterated that Cheng should take action against baseless criticisms against judges.{{Cite web|title='Justice chief obliged to stop attacks on judges' – RTHK|url=https://news.rthk.hk/rthk/en/component/k2/1569769-20210111.htm?|access-date=11 January 2021|publisher=RTHK|language=en-gb|archive-date=11 January 2021|archive-url=https://web.archive.org/web/20210111091946/https://news.rthk.hk/rthk/en/component/k2/1569769-20210111.htm|url-status=live}}
= Criticism of the media =
In February 2021, Cheng claimed that some news media were using "biased expressions that fail to reflect the facts in an objective manner" when it came to describing appeals or sentencing reviews made by the Department of Justice.{{Cite web|title=Justice chief takes swipe at media over sentencing – RTHK|url=https://news.rthk.hk/rthk/en/component/k2/1574468-20210206.htm?|access-date=6 February 2021|publisher=RTHK|language=en-gb|archive-date=7 February 2021|archive-url=https://web.archive.org/web/20210207152000/https://news.rthk.hk/rthk/en/component/k2/1574468-20210206.htm|url-status=live}} Cheng did not specify which media or reports were doing so, and in response, the Journalists Association's chairman, Chris Yeung said "We worry that this is part of the campaign to smear the media" and said that this could lead to potential restrictions on media.
= No jury =
In the first trial under the national security law, against Tong Ying-kit, Cheng in early February 2021 told the defendants that the case would not be determined by a jury, but rather three judges.{{Cite web|title='No jury' for first national security prosecution – RTHK|url=https://news.rthk.hk/rthk/en/component/k2/1574857-20210209.htm?|access-date=10 February 2021|publisher=RTHK|language=en-gb|archive-date=10 February 2021|archive-url=https://web.archive.org/web/20210210125805/https://news.rthk.hk/rthk/en/component/k2/1574857-20210209.htm|url-status=live}} In her explanation, Cheng claimed that "the personal safety of jurors and their family members" would be at risk, and therefore jurors would not be allowed on the case. RTHK noted that trial by jury has been used in Hong Kong for 176 years and has been described by the Department of Justice as one if "its most important features." Eric Cheung, professor of law at the University of Hong Kong, criticised the decision and said "It's irrational. They have been saying Hong Kong has restored peace since the introduction of the national security law. So why can’t the government ensure the safety of jurors and their family members?"{{Cite web|title=Security trial without jury 'not rational' – RTHK|url=https://news.rthk.hk/rthk/en/component/k2/1575088-20210210.htm?|access-date=10 February 2021|publisher=RTHK|language=en-gb}}
In April 2021, Tong filed a judicial review with the High Court, asking them to revoke the no-jury decision for several reasons, including that Tong was not allowed to be heard prior to the no-jury ruling. However, the High Court rejected the application.{{cite news |last1=Cheng |first1=Selina |title=Hong Kong court denies bid for jury trial by city's first national security defendant |url=https://hongkongfp.com/2021/05/20/hong-kong-court-denies-bid-for-jury-trial-by-citys-first-national-security-defendant/ |work=Hong Kong Free Press |date=20 May 2021}}
= Schoolchildren =
In February 2020, the Department of Justice was allocated HKD $450,000,000 for the "Vision 2030 for Rule of Law" initiative.{{Cite web|title=Hong Kong program to instill 'correct' view on rule of law in schoolchildren | Apple Daily|url=https://hk.appledaily.com/news/20201130/Y3UEUQL3CJBIJK4NW4ZYJ543OU/|access-date=21 February 2021|website=Apple Daily |language=zh|archive-date=21 January 2021|archive-url=https://web.archive.org/web/20210121092417/https://hk.appledaily.com/news/20201130/Y3UEUQL3CJBIJK4NW4ZYJ543OU/|url-status=live}} As part of the initiative, Cheng in November 2020 said that a pilot program would be started to teach primary and secondary schoolchildren about "rule of law values" and prevent children from having "incorrect concepts" about topics such as the 2019–20 Hong Kong protests. Material for schoolchildren would include watching a cartoon to install obedience to the law.
= Blank votes =
In April 2021, Cheng, along with Erick Tsang Kwok-wai, announced that the government would be looking into the possibility of banning blank ballots; in response, HKU Professor Johannes Chan Man-mun said that "You can't force people to vote for a particular person, or prevent people from voting for that person, or bar them from performing certain voting acts."{{Cite web|date=6 April 2021|title=Why debate is raging on making it illegal to cast blank ballots in Hong Kong|url=https://www.scmp.com/news/hong-kong/politics/article/3128403/hong-kong-electoral-changes-debate-rages-about-making-it|access-date=7 April 2021|website=South China Morning Post|language=en|archive-date=6 April 2021|archive-url=https://web.archive.org/web/20210406092953/https://www.scmp.com/news/hong-kong/politics/article/3128403/hong-kong-electoral-changes-debate-rages-about-making-it|url-status=live}}
= Stand News =
In December 2021, after the dissolution of Stand News, Cheng said that foreign politicians and organisations who had criticised the dissolution were "in blatant violation of international law", without specifying which law was broken.{{Cite web|date=2021-12-31|title=Stand News raid: Hong Kong justice chief says foreign critics of journalist arrests are in violation of int'l law|url=https://hongkongfp.com/2021/12/31/stand-news-raid-hong-kong-justice-chief-says-foreign-critics-of-journalist-arrests-are-in-violation-of-intl-law/|access-date=2022-01-03|website=Hong Kong Free Press HKFP|language=en-GB}}
Personal life
= Marriage =
Cheng is married to engineer Otto Poon Lok-to, former president of the Hong Kong Institution of Engineers. Poon holds a Canadian passport.{{Cite web|date=26 April 2021|title=Hong Kong's ruling-class hypocrisy: how 'patriotic' enablers of the crackdown cling onto their foreign escape routes|url=https://hongkongfp.com/2021/04/26/hong-kongs-ruling-class-hypocrisy-how-patriotic-enablers-of-the-crackdown-cling-onto-their-foreign-escape-routes/|access-date=26 April 2021|website=Hong Kong Free Press|language=en-GB|archive-date=26 April 2021|archive-url=https://archive.today/20210426031722/https://hongkongfp.com/2021/04/26/hong-kongs-ruling-class-hypocrisy-how-patriotic-enablers-of-the-crackdown-cling-onto-their-foreign-escape-routes/|url-status=live}} Their relationship was unknown to the public until she admitted to the public after the media widely reported the "illegal structures" of her residence next to Poon's.{{cite news|title=【司長僭建】鄰居原來係老公!兩大宅暗門相通|url=https://hk.news.appledaily.com/local/realtime/article/20180106/57673513|newspaper=Apple Daily|language=zh|date=6 January 2018|access-date=6 January 2018|archive-date=6 January 2018|archive-url=https://web.archive.org/web/20180106110717/https://hk.news.appledaily.com/local/realtime/article/20180106/57673513|url-status=live}} In 2014, Poon's ex-wife was awarded a divorce payout of HK$766 million, about half of his HK$1.5 billion family trust.{{Cite web|date=7 January 2018|title=Teresa Cheng controversy deepens as she reveals marriage to neighbour|url=https://www.scmp.com/news/hong-kong/law-crime/article/2127148/teresa-cheng-housing-controversy-deepens-she-reveals-she|access-date=24 August 2020|website=South China Morning Post|language=en|archive-date=9 November 2020|archive-url=https://web.archive.org/web/20201109012210/http://www.scmp.com/news/hong-kong/law-crime/article/2127148/teresa-cheng-housing-controversy-deepens-she-reveals-she|url-status=live}} Poon is also a member of the Election Committee and voted for Carrie Lam in 2017. In December 2021, it was reported that Poon was eligible to vote four times in the 2021 Hong Kong legislative election, yielding 0.0318701% of the total voting value (elected seats), which is 6412 times more than the value of an average voter's total voting value.{{Cite web|last=FactWire|date=2021-12-15|title=Factwire: 41 privileged voters have 7,200 times greater power than a regular Hong Kong voter following election revamp|url=https://hongkongfp.com/2021/12/16/factwire-41-privileged-voters-have-7200-times-greater-power-than-a-regular-hong-kong-voter-following-election-revamp/|access-date=2021-12-16|website=Hong Kong Free Press HKFP|language=en-GB}}
In June 2022, the government's Competition Commission started legal proceedings against ATAL Building Services Engineering, a company which Poon started, accusing it of price-fixing and other anti-competitive practices, which could have affected projects worth HK$2 billion.{{Cite web |title=Otto Poon firm accused of price-fixing, bid-rigging - RTHK |url=https://news.rthk.hk/rthk/en/component/k2/1653300-20220616.htm? |access-date=2022-06-16 |website=news.rthk.hk |language=en-gb}} In November 2022, it was announced that Poon's company faces a HK$150 million fine and admitted it fixed prices.{{Cite web |last=Ho |first=Kelly |date=2022-11-04 |title=Company chaired by husband of Hong Kong's ex-justice chief faces HK$150 million fine |url=https://hongkongfp.com/2022/11/04/company-chaired-by-husband-of-hong-kongs-ex-justice-chief-faces-hk150-million-fine/ |access-date=2022-11-04 |website=Hong Kong Free Press HKFP |language=en-GB}}
= Declaration of interests =
According to her declaration of interests, Cheng is a member of several private clubs including the Hong Kong Jockey Club, Hong Kong Club, Royal Hong Kong Yacht Club, and Clearwater Bay Golf & Country Club.{{Cite web|last=Cheng|first=Kris|date=23 January 2018|title=New Justice Sec. Teresa Cheng saved HK$6.7m in stamp duty buying additional flat as first-time homeowner|url=https://hongkongfp.com/2018/01/23/new-justice-sec-teresa-cheng-saved-hk6-7m-stamp-duty-buying-hk62m-flat-first-time-homeowner/|access-date=24 August 2020|website=Hong Kong Free Press|language=en-GB}}
Properties she owns by herself or through her companies (Sparkle Star Development, Westland Investment and Super Alliance Co. Ltd) include:
- No. 4 Villa de Mer, Tuen Mun– the property that was discovered to have illegal structures. Bought in 2008 for HK$26 million. Purchased by her company, Sparkle Star Development.
- 1 residential property at Royal Ascot, Block 7 in Sha Tin. Owned by Westland Investment.{{Cite web|title=Executive Council – Register of Members' Interests|url=https://www.ceo.gov.hk/exco/eng/interests.html|access-date=24 August 2020|publisher=Government of Hong Kong|archive-date=11 August 2020|archive-url=https://web.archive.org/web/20200811190504/https://www.ceo.gov.hk/exco/eng/interests.html|url-status=live}}
- 1 industrial property in Sha Tin. Owned by Westland Investment.
- 1 unit at Sea Cliff Mansions, 19C Repulse Bay Road- bought in 2017 for HK$62M, with 4.25% stamp duty designed for "first-time buyers" even though she already owned other property at the time of purchase, saving her HK$6.7 million in stamp duty. The property is on the third floor of block A,{{Cite web|date=22 January 2018|title=Deal signed for Cheng's HK$62m flat although illegal structures specified|url=https://www.scmp.com/news/hong-kong/law-crime/article/2130034/deed-teresa-chengs-luxury-hk62-million-repulse-bay-flat|access-date=24 August 2020|website=South China Morning Post|language=en|archive-date=9 November 2020|archive-url=https://web.archive.org/web/20201109031300/http://www.scmp.com/news/hong-kong/law-crime/article/2130034/deed-teresa-chengs-luxury-hk62-million-repulse-bay-flat|url-status=live}} and also had illegal structures.{{Cite web|title=Justice chief paid first time buyer's stamp duty on HK$62m unit|url=https://www.thestandard.com.hk/breaking-news/section/4/101877/Justice-chief-paid-first-time-buyer's-stamp-duty-on-HK$62m-unit}}
- 1 residential property in Beijing
- 1 residential property in Yunnan
Properties her husband owns include:
- A property adjacent to Cheng's property at 4 Villa de Mer. An illegal pool was found and Poon was fined HK $20,000.{{Cite web|title=Teresa Cheng may have broken Exco rules: Regina Ip – RTHK|url=https://news.rthk.hk/rthk/en/component/k2/1460077-20190530.htm?|access-date=24 August 2020|publisher=RTHK|language=en-gb|archive-date=15 October 2019|archive-url=https://web.archive.org/web/20191015011108/https://news.rthk.hk/rthk/en/component/k2/1460077-20190530.htm|url-status=live}} Bought in 2012 for HK$27 million.
- 1 unit at The Albany – bought in 2018 for HK$89.9 million under his own name{{Cite web|date=30 May 2019|title=Justice chief under fire for not declaring husband's luxury properties|url=https://www.scmp.com/news/hong-kong/politics/article/3012487/hong-kong-justice-chief-teresa-cheng-caught-controversy-not|access-date=24 August 2020|website=South China Morning Post|language=en|archive-date=7 November 2020|archive-url=https://web.archive.org/web/20201107233408/https://www.scmp.com/news/hong-kong/politics/article/3012487/hong-kong-justice-chief-teresa-cheng-caught-controversy-not|url-status=live}}
- 1 unit at 1 Robinson Road- bought in 2018. The unit was originally purchased in 2011 for HK$53.5 million by Polycool Limited, a company which was completely owned by another company- Palette Capital, a British Virgin Islands registered offshore firm. Poon bought Polycool from Palette Capital for HK$78.8 million, giving him full ownership of the property without changing the owner (Polycool), escaping more than HK$10 million in stamp duty.
- Toppy Tower in Kwai Chung – bought through Analogue Holdings for HK$585 million{{Cite web|date=2021-10-27|title=Teresa Cheng Family Company Buys Hong Kong Tower|url=https://www.mingtiandi.com/real-estate/finance-real-estate/teresa-cheng-family-company-buys-hong-kong-tower/|access-date=2021-12-03|website=Mingtiandi|language=en-US}}
See also
References
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{{s-bef|before=Rimsky Yuen}}
{{s-ttl|title=Secretary for Justice|years=2018–2022}}
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{{s-bef|before = Paul Chan
Financial Secretary}}
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Secretary for Justice}}
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President of the Legislative Council}}
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Category:Alumni of King's College London
Category:Fellows of King's College London
Category:Alumni of University of London Worldwide
Category:Alumni of the University of London
Category:Academic staff of Hong Kong Polytechnic University
Category:Barristers of Hong Kong
Category:Hong Kong Senior Counsel
Category:Government officials of Hong Kong
Category:Recipients of the Bronze Bauhinia Star
Category:Recipients of the Gold Bauhinia Star
Category:Female justice ministers
Category:Individuals sanctioned by the United States under the Hong Kong Autonomy Act
Category:Specially Designated Nationals and Blocked Persons List