Acting upon the Department of Justice's legal advice, the Independent Commission Against Corruption today charged former Chief Executive Donald Tsang with two counts of misconduct in public office, contrary to common law.
In a statement issued today, the Department of Justice also said the decision to commence prosecution against Mr Tsang was made after careful and thorough consideration of the available evidence, the applicable law and the relevant provisions in the Prosecution Code.
The department said it had also obtained independent legal advice from overseas Queen's Counsel.
It is a decision made independently in the due discharge of the department's constitutional duty under Article 63 of the Basic Law, free from any interference, the statement added.