18 months' jail for former legislator
2001-12-21
Former legislator Gary Cheng Kai Nam, charged by the ICAC with bribery and misconduct in public office, was today (Friday) sentenced to 18 months' imprisonment at District Court.
Cheng, 51, was found guilty yesterday by Judge Alan Wright of four offences - one each of bribery, misconduct in public office, false accounting and theft.
Cheng was found guilty on one count of accepting an advantage as a public servant, contrary to Section 4(2)(a) of the Prevention of Bribery Ordinance.
The charge stated that Cheng, whilst being a member of the Legislative Council, had accepted $60,000 from PA Professional Consultants Limited (PA Professional) on April 27, 2000, on account of his performing or having performed acts in his capacity as a p ublic servant.
The court heard that the advantage was for Cheng to seek to influence or to make representations to various government officials in the choice of members to be appointed to Hong Kong Sports Development Board (SDB).
Cheng was also convicted of one count of misconducting himself between October 26, 1999 and April 28, 2000 in the discharge of his public office by wilfully and without reasonable excuse or justification and with the intention of improperly obtaining bene fit for himself, contrary to the Common Law.
The court heard that Cheng had dishonestly:
- spoken on behalf of SDB at Bills Committee Meetings concerning the Hong Kong Sports Development Board (Amendment) Bill 1999 on October 26, November 9 and December 6, 1999, without disclosing that he was doing so on behalf of the SDB;
- agreed with Adrian Cheung of PA Professional to receive $60,000 for making enquiries of public servants of Home Affairs Bureau (HAB) about the progress in the appointment of members of the SDB, and related matters and sought to influence the Chief Executi ve of the Hong Kong Special Administrative Region, his advisers and the public servants of HAB in the choice of members to be appointed to SDB;
- sought and received from SDB employee Lee Chung-may, Grace, a list of names of persons whose appointment to SDB it was suggested be sought;
- arranged to meet and met Ng Sek-hon, then Deputy Secretary for Home Affairs, and discussed with him the progress in the above appointment, without having disclosed to Ng that he had agreed to accept payment to do so, and that the payment would come indire ctly from SDB; and
- caused an invoice in the sum of $60,000 in respect of the agreed services to be rendered to PA Professional, and accepted payment in that sum.
The former legislator was also found guilty on one count of false accounting in relation to making entries in an invoice in the sum of $20,000 on the letterhead of "Gary Cheng Kai Nam's Public Relations Consultants Ltd.", dated November 1, 1999.
Such entries were misleading, false or deceptive, in that services stated to have been rendered included the stipulated contact with the Director and Assistant Director of the Home Affairs Department, while no such contact had occurred.
Cheng was further convicted of one count of stealing a debt of $20,000 owed to PA Professional on January 14, 2000.
The prosecution was today represented by Daniel Marash SC, assisted by ICAC officer Raymond Yuen.
Cheng, 51, was found guilty yesterday by Judge Alan Wright of four offences - one each of bribery, misconduct in public office, false accounting and theft.
Cheng was found guilty on one count of accepting an advantage as a public servant, contrary to Section 4(2)(a) of the Prevention of Bribery Ordinance.
The charge stated that Cheng, whilst being a member of the Legislative Council, had accepted $60,000 from PA Professional Consultants Limited (PA Professional) on April 27, 2000, on account of his performing or having performed acts in his capacity as a p ublic servant.
The court heard that the advantage was for Cheng to seek to influence or to make representations to various government officials in the choice of members to be appointed to Hong Kong Sports Development Board (SDB).
Cheng was also convicted of one count of misconducting himself between October 26, 1999 and April 28, 2000 in the discharge of his public office by wilfully and without reasonable excuse or justification and with the intention of improperly obtaining bene fit for himself, contrary to the Common Law.
The court heard that Cheng had dishonestly:
- spoken on behalf of SDB at Bills Committee Meetings concerning the Hong Kong Sports Development Board (Amendment) Bill 1999 on October 26, November 9 and December 6, 1999, without disclosing that he was doing so on behalf of the SDB;
- agreed with Adrian Cheung of PA Professional to receive $60,000 for making enquiries of public servants of Home Affairs Bureau (HAB) about the progress in the appointment of members of the SDB, and related matters and sought to influence the Chief Executi ve of the Hong Kong Special Administrative Region, his advisers and the public servants of HAB in the choice of members to be appointed to SDB;
- sought and received from SDB employee Lee Chung-may, Grace, a list of names of persons whose appointment to SDB it was suggested be sought;
- arranged to meet and met Ng Sek-hon, then Deputy Secretary for Home Affairs, and discussed with him the progress in the above appointment, without having disclosed to Ng that he had agreed to accept payment to do so, and that the payment would come indire ctly from SDB; and
- caused an invoice in the sum of $60,000 in respect of the agreed services to be rendered to PA Professional, and accepted payment in that sum.
The former legislator was also found guilty on one count of false accounting in relation to making entries in an invoice in the sum of $20,000 on the letterhead of "Gary Cheng Kai Nam's Public Relations Consultants Ltd.", dated November 1, 1999.
Such entries were misleading, false or deceptive, in that services stated to have been rendered included the stipulated contact with the Director and Assistant Director of the Home Affairs Department, while no such contact had occurred.
Cheng was further convicted of one count of stealing a debt of $20,000 owed to PA Professional on January 14, 2000.
The prosecution was today represented by Daniel Marash SC, assisted by ICAC officer Raymond Yuen.