No prosecution will be instituted against Secretary for Justice Teresa Cheng in relation to unauthorised building works at her home in Tuen Mun, Director of Public Prosecutions David Leung says.

However Ms Cheng’s husband Otto Poon will be prosecuted in connection with illegal structures at his home.

In a statement issued today, Mr Leung said the decisions were made after considering the advice of a Senior Counsel, the evidence submitted by the Buildings Department, the applicable law and the principles in the Prosecution Code.

The department received a media enquiry in December 2017 about suspected unauthorised building extensions at Villa de Mer, including Houses 3 and 4.

At the time, House 4 was owned by a company with Ms Cheng as the sole director, while House 3 was owned by Mr Poon and Karen Poon.

Department officers conducted an on-site inspection of both houses and identified various unauthorised building works.

Following an investigation and seeking expert opinion, the Buildings Department submitted an investigation file to the Department of Justice, recommending prosecuting Mr and Ms Poon for the unauthorised works at House 3 but not prosecuting Ms Cheng for those at House 4.

Aerial photographs taken in November 2007 and July 2008 show that the structures were constructed before Ms Cheng's company became the registered owner of House 4 in October 2008. 

To avoid any possible perception of bias, Mr Leung instructed Senior Counsel Edwin Choy in November this year to provide an independent opinion on the sufficiency of evidence for criminal prosecution.

Mr Choy, who has no conflict of interest in the case, gave his finalised advice in December.

He said while there is a reasonable prospect of conviction against Mr Poon for a pool structure at House 3, there was insufficient evidence to establish a reasonable prospect of conviction against Ms Cheng for the illegal structures in House 4.

Since the unauthorised building works of House 3 came to the notice of the department on December 27, 2017, pursuant to the Buildings Ordinance, the time limit for prosecution falls on 27 December, 2018.

Information has been laid to apply for a summons against Mr Poon for the offence of “knowingly commenced or carried out building works, without having first obtained from the Building Authority his approval and consent in writing”.

Click here for the statement.