Ex-Chief Secretary and three others guilty of bribery and misconduct
2014-12-19
A former Chief Secretary for Administration (CS), two senior members of a listed company in Hong Kong and a businessman, charged by the ICAC, were today (Friday) convicted by a jury at the Court of First Instance of misconduct and bribery involving payments, unsecured loans and flat rental fees totalling over HK$25 million.
The defendants were Hui Rafael Junior, also known as Rafael Hui Si-yan, 66, former CS, former Managing Director of the Mandatory Provident Fund Schemes Authority (MPFA) and former Non-Official Member of the Executive Council (Exco); Thomas Kwok Ping-kwong , 63, joint Chairman of Sun Hung Kai Properties Limited (SHKP); Thomas Chan Kui-yuen, 68, Executive Director of SHKP; and Francis Kwan Hung-sang, 64, businessman.
They were variously found guilty of a total of five charges –'96 three of misconduct in public office (MIPO), contrary to Common Law; one of conspiracy to commit MIPO, contrary to Common Law and Section 159A of the Crimes Ordinance; and one of conspiracy to offer an advantage to a public servant, contrary to Section 4 (1)(a) of the Prevention of Bribery Ordinance and Section 159A of the Crimes Ordinance.
Mr Justice Andrew Macrae adjourned the case to next Monday (December 22) for mitigation, and remanded the defendants in custody of the Correctional Services Department.
A spokesperson for the ICAC said this case demonstrated the Commission’s determination to uphold Hong Kong’s probity.
“Regardless of the background, status and position of the persons involved, the Commission impartially discharges its law enforcement duties in strict accordance with the law with perseverance,” the spokesperson said.
“As for various issues revealed in the case, the ICAC will bring them to the attention of the Administration, and stands ready to provide corruption prevention and education advice.”
Hui alone was found guilty by the jury of a misconduct charge, which stated that between June 7, 2000 and August 13, 2003, he, being the Managing Director of the MPFA, in the course of his public office, wilfully misconducted himself by failing to declare or disclose to or by concealing from the MPFA his acceptance of the rent free use of two flats; two unsecured loans totalling HK$2.4 million from Honour Finance Company Limited (Honour Finance); and his negotiations for a consultancy agreement with SHKP and/or Sun Hung Kai Real Estate Agency Limited (SHK Real Estate). Both Honour Finance and SHK Real Estate were subsidiaries of SHKP.
Hui, Thomas Kwok, Chan and Kwan were found guilty of one count of conspiring together between March 1, 2005 and June 30, 2007 for Hui to wilfully misconduct himself in the course of his public office, namely the CS, by remaining favourably disposed to SHK P, its subsidiaries or associated companies, Thomas Kwok, Raymond Kwok Ping-luen and/or Chan in return for a sum of HK$8.5 million through a series of payments from Thomas Kwok, Raymond Kwok, Chan and Kwan. Raymond Kwok was acquitted of this charge.
Hui was further convicted of a misconduct charge, which stated that between June 30, 2005 and June 30, 2007, Hui, being the CS, in the course of his public office, wilfully misconducted himself by failing to declare or disclose to or by concealing from th e Hong Kong Government the provision to him and annual extensions of an unsecured loan of HK$3 million from Honour Finance.
The jury further found Hui, Chan and Kwan guilty of another charge, which stated that between June 30, 2005 and January 20, 2009, Hui, being the CS and the Non-Official Member of the Exco, Chan and Kwan conspired together to offer to Hui HK$11.182 million through a series of payments from Thomas Kwok, Raymond Kwok, Chan and Kwan as a reward for Hui remaining favourably disposed to SHKP, its subsidiaries or associated companies, Thomas Kwok, Raymond Kwok, and/or Chan. Both Thomas Kwok and Raymond Kwok wer e found not guilty of this charge.
The jury also found Hui guilty of the remaining misconduct charge, which stated that between July 1, 2007 and January 20, 2009, Hui, being the Non-Official Member of the Exco, in the course of his public office, wilfully misconducted himself by failing to declare or disclose to or by concealing from the Hong Kong Government his acceptance of the above HK$11.182 million through a series of payments from Thomas Kwok, Raymond Kwok, Chan and Kwan.
The prosecution was today represented by David Perry QC and Joseph Tse SC, assisted by ICAC officers David Williams, Winnie Lee and Hazel Law.
The defendants were Hui Rafael Junior, also known as Rafael Hui Si-yan, 66, former CS, former Managing Director of the Mandatory Provident Fund Schemes Authority (MPFA) and former Non-Official Member of the Executive Council (Exco); Thomas Kwok Ping-kwong , 63, joint Chairman of Sun Hung Kai Properties Limited (SHKP); Thomas Chan Kui-yuen, 68, Executive Director of SHKP; and Francis Kwan Hung-sang, 64, businessman.
They were variously found guilty of a total of five charges –'96 three of misconduct in public office (MIPO), contrary to Common Law; one of conspiracy to commit MIPO, contrary to Common Law and Section 159A of the Crimes Ordinance; and one of conspiracy to offer an advantage to a public servant, contrary to Section 4 (1)(a) of the Prevention of Bribery Ordinance and Section 159A of the Crimes Ordinance.
Mr Justice Andrew Macrae adjourned the case to next Monday (December 22) for mitigation, and remanded the defendants in custody of the Correctional Services Department.
A spokesperson for the ICAC said this case demonstrated the Commission’s determination to uphold Hong Kong’s probity.
“Regardless of the background, status and position of the persons involved, the Commission impartially discharges its law enforcement duties in strict accordance with the law with perseverance,” the spokesperson said.
“As for various issues revealed in the case, the ICAC will bring them to the attention of the Administration, and stands ready to provide corruption prevention and education advice.”
Hui alone was found guilty by the jury of a misconduct charge, which stated that between June 7, 2000 and August 13, 2003, he, being the Managing Director of the MPFA, in the course of his public office, wilfully misconducted himself by failing to declare or disclose to or by concealing from the MPFA his acceptance of the rent free use of two flats; two unsecured loans totalling HK$2.4 million from Honour Finance Company Limited (Honour Finance); and his negotiations for a consultancy agreement with SHKP and/or Sun Hung Kai Real Estate Agency Limited (SHK Real Estate). Both Honour Finance and SHK Real Estate were subsidiaries of SHKP.
Hui, Thomas Kwok, Chan and Kwan were found guilty of one count of conspiring together between March 1, 2005 and June 30, 2007 for Hui to wilfully misconduct himself in the course of his public office, namely the CS, by remaining favourably disposed to SHK P, its subsidiaries or associated companies, Thomas Kwok, Raymond Kwok Ping-luen and/or Chan in return for a sum of HK$8.5 million through a series of payments from Thomas Kwok, Raymond Kwok, Chan and Kwan. Raymond Kwok was acquitted of this charge.
Hui was further convicted of a misconduct charge, which stated that between June 30, 2005 and June 30, 2007, Hui, being the CS, in the course of his public office, wilfully misconducted himself by failing to declare or disclose to or by concealing from th e Hong Kong Government the provision to him and annual extensions of an unsecured loan of HK$3 million from Honour Finance.
The jury further found Hui, Chan and Kwan guilty of another charge, which stated that between June 30, 2005 and January 20, 2009, Hui, being the CS and the Non-Official Member of the Exco, Chan and Kwan conspired together to offer to Hui HK$11.182 million through a series of payments from Thomas Kwok, Raymond Kwok, Chan and Kwan as a reward for Hui remaining favourably disposed to SHKP, its subsidiaries or associated companies, Thomas Kwok, Raymond Kwok, and/or Chan. Both Thomas Kwok and Raymond Kwok wer e found not guilty of this charge.
The jury also found Hui guilty of the remaining misconduct charge, which stated that between July 1, 2007 and January 20, 2009, Hui, being the Non-Official Member of the Exco, in the course of his public office, wilfully misconducted himself by failing to declare or disclose to or by concealing from the Hong Kong Government his acceptance of the above HK$11.182 million through a series of payments from Thomas Kwok, Raymond Kwok, Chan and Kwan.
The prosecution was today represented by David Perry QC and Joseph Tse SC, assisted by ICAC officers David Williams, Winnie Lee and Hazel Law.