Report of the Investigation Committee established
under Rule 49B(2A) of the Rules of Procedure in
respect of the motion to censure Hon Holden CHOW Ho-ding

July 2020

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TABLE OF CONTENTS




Page

Executive Summary


I - VI

Chapter 1 Introduction

1 - 17
Background

1 - 3
Investigation Committee

3 - 17
Establishment and membership

4 - 5
Practice and Procedure

5 - 8
Investigation process

8 - 15
Draft findings

15
Report of the Investigation Committee

15 - 17

Chapter 2 Constitutional and statutory requirements relating to the censure motion, and overseas parliamentary rules and practices relating to Members' communications with witnesses and the act of deliberately misleading the House or a committee

18 - 32
Meaning of "misbehaviour"

19 - 22
Meaning of "breach of oath"

22 - 23
Overseas parliamentary rules and practices relating to Members' communications with witnesses

24 - 25
Overseas parliamentary rules and practices relating to the act of deliberately misleading the House or a committee

25 - 32

Chapter 3 Evidence and information relevant to the particulars of Hon Holden CHOW Ho-ding's alleged misbehaviour and breach of oath as set out in the Schedule to the censure motion

33 - 60
Proposed Amendments submitted by Mr CHOW to the Proposed major areas of study of the Select Committee

33 - 34
Verbatim transcript and minutes of meeting of the Select Committee on 25 April 2017

34 - 36
Transcripts of remarks made by Mr CHOW at the media sessions on 16 and 19 May 2017

37 - 40
Transcripts of remarks by Mr LEUNG Chun-ying at the media sessions on 15, 16 and 17 May 2017

41 - 44
Witnesses' written statements and verbatim transcripts for the first and second closed hearings

44 - 59
Statements issued by the Independent Commission Against Corruption and the Department of Justice in relation to the investigation into the allegations of corruption and misconduct in public office against Mr LEUNG and Mr CHOW

60

Chapter 4 Establishing the facts and giving the Investigation Committee's views on whether the facts as established constitute grounds for the censure of Hon Holden CHOW Ho-ding

61 - 80
The four facts to be established

61 - 62
First Fact to be established

62 - 67
Second Fact to be established

67 - 70
Third Fact to be established

70 - 73
Fourth Fact to be established

73 - 75
Investigation Committee's views on whether the facts as established constitute grounds for the censure of Mr CHOW

76 - 80

Acronyms and Abbreviations

81 - 83

Appendices

 

Appendix 1.1 Procedure for the election of Members for appointment by the President to the Investigation Committee

Appendix 1.2 Procedure for the election of a Member for appointment by the President to fill a vacancy in the membership of the Investigation Committee

Appendix 1.3 Practice and Procedure of the Investigation Committee

Appendix 1.4 List of potential witnesses to be invited to attend closed hearings

Appendix 1.5 Written statement of Hon Claudia MO

Appendix 1.6 Written statement of Hon Kenneth LEUNG

Appendix 1.7 Written statement of Hon Alvin YEUNG

Appendix 1.8 Written statement of Hon Andrew WAN Siu-kin

Appendix 1.9 Written statement of Hon LAM Cheuk-ting

Appendix 1.10 Transcript of Mr LEUNG Chun-ying's meeting with the media on 15 May 2017

Appendix 1.11 Transcript of Mr LEUNG Chun-ying's meeting with the media on 16 May 2017

Appendix 1.12 Transcript of Mr LEUNG Chun-ying's meeting with the media on 17 May 2017

Appendix 1.13 Written statement of Miss Josephine SO, Clerk to Select Committee to Inquire into Matters about the Agreement between Mr LEUNG Chun-ying and the Australian firm UGL Limited

Appendix 1.14 Responses of Members/persons invited to be witnesses of the Investigation Committee

Appendix 1.15 Hon Claudia MO's reply to Investigation Committee's invitation to the second closed hearing on 29 April 2019

Appendix 1.16 Hon CHU Hoi-dick's reply to Investigation Committee's invitation to the second closed hearing on 29 April 2019

Appendix 1.17 Certain matters relating to hearing as referred to in the Practice and Procedure of the Investigation Committee for witness' reference

Appendix 1.18 Letter dated 8 December 2017 from the Clerk to Investigation Committee to Hon Holden CHOW Ho-ding

Appendix 1.19 Transcript of Hon Holden CHOW Ho-ding's meeting with the media on 16 May 2017

Appendix 1.20 Transcript of Hon Holden CHOW Ho-ding's meeting with the media on 19 May 2017

Appendix 1.21 First reminder dated 20 March 2018 from the Clerk to Investigation Committee to Hon Holden CHOW Ho-ding

Appendix 1.22 Second reminder dated 17 May 2018 from the Clerk to Investigation Committee to Hon Holden CHOW Ho-ding

Appendix 1.23 Hon Holden CHOW Ho-ding's reply dated 28 May 2018

Appendix 1.24 Hon Holden CHOW Ho-ding's reply on whether he would elect for the hearings of the Investigation Committee to be held in public

Appendix 1.25 Hon Holden CHOW Ho-ding's reply on whether he would propose additional witness(es) and respond to the written statements submitted by the concerned witnesses

Appendix 1.26 Hon Holden CHOW Ho-ding's reply on whether he would respond to the written statement submitted by Hon Claudia MO

Appendix 1.27 Hon Holden CHOW Ho-ding's request for provision of the verbatim transcripts of the first and second closed hearings of the Investigation Committee containing the evidence given by the six witnesses

Appendix 1.28 Schedule of closed hearings of the Investigation Committee

Appendix 1.29 Replies of Hon Holden CHOW Ho-ding and the witnesses concerned that they have no comments on the relevant parts of the draft report of the Investigation Committee which set out the evidence on the basis of which the Investigation Committee has established the facts stated in the censure motion

Appendix 1.30 Extract from the minutes of meeting of the Investigation Committee held on 23 June 2020 which contains the proceedings on consideration of its report

Appendix 2.1 Proposed Amendments to the Proposed major areas of study of the Select Committee to Inquire into Matters about the Agreement between Mr LEUNG Chun-ying and the Australian firm UGL Limited

Appendix 2.2 Advisory Guidelines on Matters of Ethics in relation to the Conduct of Members of the Legislative Council of the Hong Kong Special Administrative Region in their capacity as such

Appendix 2.3 A summary of an inquiry into a Member deliberately misleading the House in the House of Commons in the United Kingdom

Appendix 2.4 A summary of an inquiry into a Member deliberately misleading the House in the House of Representatives of Parliament of Australia

Appendix 2.5 A summary of an inquiry into the conduct of a Member of the Western Australia Legislative Assembly

Appendix 3.0 Hon Holden CHOW Ho-ding's document (in Chinese and Word format) showing proposed amendments to the Proposed major areas of study of the Select Committee to Inquire into Matters about the Agreement between Mr LEUNG Chun-ying and the Australian firm UGL Limited ostensibly made under the computer user name "CEO-CE"

Appendix 3.01 Chronology of events in relation to the handling of Hon Holden CHOW Ho-ding's Proposed Amendments to the Proposed major areas of study of the Select Committee to Inquire into Matters about the Agreement between Mr LEUNG Chun-ying and the Australian firm UGL Limited (from the receipt of the Proposed Amendments to the issuance of the electronic version of the Proposed Amendments to the Select Committee's members)

Appendix 3.1 Minutes of meeting of the Select Committee to Inquire into Matters about the Agreement between Mr LEUNG Chun-ying and the Australian firm UGL Limited held on 25 April 2017

Appendix 3.2 Verbatim transcript of meeting of the Select Committee to Inquire into Matters about the Agreement between Mr LEUNG Chun-ying and the Australian firm UGL Limited held on 25 April 2017

Appendix 3.3 Minutes of evidence given by Hon Claudia MO at the Investigation Committee's first closed hearing on 26 February 2019

Appendix 3.4 Minutes of evidence given by Hon CHU Hoi-dick at the Investigation Committee's first closed hearing on 26 February 2019

Appendix 3.5 Minutes of evidence given by Hon Kenneth LEUNG at the Investigation Committee's first closed hearing on 26 February 2019

Appendix 3.6 Minutes of evidence given by Hon Alvin YEUNG at the Investigation Committee's first closed hearing on 26 February 2019

Appendix 3.7 Minutes of evidence given by Hon Andrew WAN Siu-kin at the Investigation Committee's first closed hearing on 26 February 2019

Appendix 3.8 Minutes of evidence given by Hon LAM Cheuk-ting at the Investigation Committee's first closed hearing on 26 February 2019

Appendix 3.9 Minutes of evidence given by Hon LAM Cheuk-ting at the Investigation Committee's second closed hearing on 29 April 2019

Appendix 3.10 Statement of the Independent Commission Against Corruption dated 12 December 2018

Appendix 3.11 Statement of the Department of Justice in relation to Independent Commission Against Corruption's investigation dated 12 December 2018