Response Statement
2001-3-5
Regarding the news about Mr Leung Cho-choi who reportedly committed suicide while under ICAC investigation, we would like to express our sympathy and convey our condolences to his family.
The ICAC has received press enquiries about the matter. Since the investigation involved is still on going, we cannot disclose the details of the case nor the contents of the interview.
However, in order to dispel any misunderstanding, we would like to give a brief account on the process of the interview taken with Mr Leung:
At about 4:50pm last Friday (March 2), Mr Leung was invited to come to the headquarters of ICAC's Operations Department for an interview. Mr Leung was told that he was suspected to be involved in a short piling case and alleged to have committed offences under the Prevention of Bribery Ordinance and conspiracy to defraud. Mr Leung agreed to go to the ICAC for the proposed interview, and left for the ICAC at about 5:30 pm.
At about 6:40 pm, Mr Leung arrived at the ICAC. Having completed the formalities, Mr Leung requested to phone his family. ICAC officers then arranged for him to call his family but the call was unanswered.
At 6:45 pm, an ICAC officer asked Mr Leung whether he would prefer to have the interview videotaped. Mr Leung then asked if he had any choice. Following an explanation by the ICAC officer, Mr Leung chose to have his interview recorded in writing. The exp lanation given by the ICAC officer to Mr Leung about the fact that Mr Leung himself chose to have the interview recorded in writing instead of being videotaped was recorded on videotape. According to the prescribed procedures, a copy of that videotape was given to Mr Leung.
Around 7:10 pm, the ICAC officer started to interview Mr Leung. Before the interview took place, the ICAC officer, acting in accordance with the legal procedures, cautioned Mr Leung, i.e. informing him that what he said during the interview might be used as evidence against him in prosecution in future. The ICAC officer also asked whether Mr Leung wanted to see his lawyer. Mr Leung replied that he did not need a lawyer.
The interview lasted until about 11:30 pm. During the interview, Mr Leung did not make any special request. Nor did he indicate that he felt unwell. In the middle of the interview, the ICAC officer inquired Mr Leung if he needed any break and if he wante d to eat something. Mr Leung replied that he could continue the interview and only wanted to drink some water and use the washroom. The interview was stopped and resumed after Mr Leung drank some water and used the washroom.
After taking statements from Mr Leung, the ICAC officer told Mr Leung that he was formally under arrest and required to continue to assist in the ICAC's inquiry, while bail arrangements would be made for him. Apart from being granted bail in his own recog nizance, Mr Leung was also required to report to the ICAC on March 5. At that time, Mr Leung requested to phone home again. He was then arranged to make a phone call to his family. He also told the ICAC officer that he was not feeling well at that time. T he ICAC subsequently arranged a vehicle to take Mr Leung back to his home. He was also accompanied by two ICAC investigators throughout the journey until he reached home safely.
The ICAC has received press enquiries about the matter. Since the investigation involved is still on going, we cannot disclose the details of the case nor the contents of the interview.
However, in order to dispel any misunderstanding, we would like to give a brief account on the process of the interview taken with Mr Leung:
At about 4:50pm last Friday (March 2), Mr Leung was invited to come to the headquarters of ICAC's Operations Department for an interview. Mr Leung was told that he was suspected to be involved in a short piling case and alleged to have committed offences under the Prevention of Bribery Ordinance and conspiracy to defraud. Mr Leung agreed to go to the ICAC for the proposed interview, and left for the ICAC at about 5:30 pm.
At about 6:40 pm, Mr Leung arrived at the ICAC. Having completed the formalities, Mr Leung requested to phone his family. ICAC officers then arranged for him to call his family but the call was unanswered.
At 6:45 pm, an ICAC officer asked Mr Leung whether he would prefer to have the interview videotaped. Mr Leung then asked if he had any choice. Following an explanation by the ICAC officer, Mr Leung chose to have his interview recorded in writing. The exp lanation given by the ICAC officer to Mr Leung about the fact that Mr Leung himself chose to have the interview recorded in writing instead of being videotaped was recorded on videotape. According to the prescribed procedures, a copy of that videotape was given to Mr Leung.
Around 7:10 pm, the ICAC officer started to interview Mr Leung. Before the interview took place, the ICAC officer, acting in accordance with the legal procedures, cautioned Mr Leung, i.e. informing him that what he said during the interview might be used as evidence against him in prosecution in future. The ICAC officer also asked whether Mr Leung wanted to see his lawyer. Mr Leung replied that he did not need a lawyer.
The interview lasted until about 11:30 pm. During the interview, Mr Leung did not make any special request. Nor did he indicate that he felt unwell. In the middle of the interview, the ICAC officer inquired Mr Leung if he needed any break and if he wante d to eat something. Mr Leung replied that he could continue the interview and only wanted to drink some water and use the washroom. The interview was stopped and resumed after Mr Leung drank some water and used the washroom.
After taking statements from Mr Leung, the ICAC officer told Mr Leung that he was formally under arrest and required to continue to assist in the ICAC's inquiry, while bail arrangements would be made for him. Apart from being granted bail in his own recog nizance, Mr Leung was also required to report to the ICAC on March 5. At that time, Mr Leung requested to phone home again. He was then arranged to make a phone call to his family. He also told the ICAC officer that he was not feeling well at that time. T he ICAC subsequently arranged a vehicle to take Mr Leung back to his home. He was also accompanied by two ICAC investigators throughout the journey until he reached home safely.