A spokesman for the Department of Justice (DoJ) said today (December 3) that regarding the fact that Mr Benny Tai has surrendered to the Police in respect of his involvement in the "Occupy Central" movement or "Occupy Movement", since the Secretary for Justice, Mr Rimsky Yuen, SC, and the Director of Public Prosecutions (DPP), Mr Keith Yeung, SC, have known Mr Tai for many years and the three of them were classmates when they studied law at the Faculty of Law of the University of Hong Kong, the Secretary for Justice and the DPP, in order to avoid any possible perception of bias or improper influence, after satisfying themselves that the Deputy Director of Public Prosecutions, Mr David Leung, has no connection with any of the persons involved in the case, have delegated to Mr Leung the authority to handle the matter including (should it become necessary to do so) considering and deciding whether any prosecution is warranted.

Having considered the circumstances of this case and the public interest, the Secretary for Justice took the view that the community should be notified as to how the DoJ will handle the matter. The Secretary for Justice, as the head of the DoJ, will ensure that due and proper processes are observed in the conduct of the case and in strict accordance with the law and prosecution policy.

Ends/Wednesday, December 3, 2014