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I have a clear conscience over HarbourFest disciplinary case, says ex-civil service chief

Elaine Wu

The former head of the civil service who oversaw the disciplinary proceedings over the handling of the HarbourFest concerts said in his defence yesterday that he had acted without prejudice and had a clear conscience.

Joseph Wong Wing-ping spoke after the High Court on Friday reversed the disciplinary panel's decision to fine Mike Rowse, the director general of InvestHK who helped organise the concerts, for misconduct.

The government panel previously found that Mr Rowse mishandled the series of concerts in 2003 and did not scrutinise the budget closely enough, leading to a HK$100 million bill for the government.

However, Mr Justice Michael Hartmann ruled there was procedural unfairness in the disciplinary proceedings and threw out the panel's ruling. The court's decision was a victory for Mr Rowse.

Mr Wong said it was inappropriate for him to comment on the judge's ruling before the government made any comment or decisions. 'All I can say is, before, during and after this incident, I acted without prejudice and have a clear conscience.'

He said the judge had not ruled that the panel's finding was wrong, only that the procedure was inappropriate. 'I hope everyone understands that the judge clearly stated the focus was not on the content of the ruling or whether it was right or wrong.

'He simply said that during the handling [of this case], some of the government's procedures did not meet legal requirements, therefore, the ruling could not be substantiated and the government could not enforce this ruling.'

The government, acting on the panel's findings, fined Mr Rowse, a civil servant, a month's salary - HK$156,660. He filed an appeal in 2005, which was dismissed by then chief secretary Rafael Hui Si-yan. Mr Rowse then took the case to the High Court by filing a judicial review on the decision.

HarbourFest was a series of concerts co-organised by the government and the American Chamber of Commerce to help revive the city's economy following the severe acute respiratory syndrome outbreak.

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