Ex-Chief Secretary and three others jailed for bribery and misconduct
2014-12-23
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 (Tuesday) sentenced to jail terms up to seven and a half years at the Court of First Instance for bribery and misconduct involving payments, unsecured loans and flat rental fees totalling over HK$25 million.
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), received a jail term of seven and a half y ears, and was ordered to pay HK$11.182 million as restitution to the Hong Kong Government.
Thomas Kwok Ping-kwong, 63, joint Chairman of Sun Hung Kai Properties Limited (SHKP), and Francis Kwan Hung-sang, 64, businessman, were each jailed for five years, while Thomas Chan Kui-yuen, 68, Executive Director of SHKP, was sentenced to six years’ imprisonment.
Thomas Kwok and Chan were also each fined HK$500,000, and were disqualified from being company directors for five years and six years respectively.
In passing the sentences, Mr Justice Andrew Macrae said high-ranking officials owed a duty not only to the Hong Kong Government but also to its people, who expected them to act in the public interest and not in their selfish interests.
“Hong Kong has fought long and hard since the 1970’s to rid itself of corruption. To know that the former No 2 in government has received bribes must be a deep disappointment to many people in Hong Kong,” the judge said.
The judge also said: “It is vitally important in these times that the government and business community remain and are seen to remain corruption-free.”
Hui, Thomas Kwok, Chan and Kwan were variously found guilty by a jury 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.
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.
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), received a jail term of seven and a half y ears, and was ordered to pay HK$11.182 million as restitution to the Hong Kong Government.
Thomas Kwok Ping-kwong, 63, joint Chairman of Sun Hung Kai Properties Limited (SHKP), and Francis Kwan Hung-sang, 64, businessman, were each jailed for five years, while Thomas Chan Kui-yuen, 68, Executive Director of SHKP, was sentenced to six years’ imprisonment.
Thomas Kwok and Chan were also each fined HK$500,000, and were disqualified from being company directors for five years and six years respectively.
In passing the sentences, Mr Justice Andrew Macrae said high-ranking officials owed a duty not only to the Hong Kong Government but also to its people, who expected them to act in the public interest and not in their selfish interests.
“Hong Kong has fought long and hard since the 1970’s to rid itself of corruption. To know that the former No 2 in government has received bribes must be a deep disappointment to many people in Hong Kong,” the judge said.
The judge also said: “It is vitally important in these times that the government and business community remain and are seen to remain corruption-free.”
Hui, Thomas Kwok, Chan and Kwan were variously found guilty by a jury 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.
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.