CA orders trial judge to convict ex-general manager of TVB and ex-company director of bribery and impose sentences
2015-10-26
The Court of Appeal (CA) today (Monday) ordered the District Court trial judge to convict a former general manager of Television Broadcasts Limited (TVB) and a then director of a production company of bribery and to hand down sentences in an ICAC case, after ruling that their earlier acquittals had no legal or factual basis.
Stephen Chan Chi-wan, 56, former general manager of TVB, and Tseng Pei-kun, 33, then director of Idea Empire Advertising & Production Company Limited (IEAP), were acquitted at the District Court on September 2, 2011 after trial of five charges – three of bribery, two of which were alternative; and two of conspiracy to defraud.
The Department of Justice (DoJ) subsequently filed an appeal with the CA against the acquittal of the three bribery charges by way of case stated, and the order of court costs granted by the trial judge to Chan and Tseng for their two acquitted charges of conspiracy to defraud.
On November 21, 2012, the CA allowed the appeal by the DoJ, quashed the acquittals and remitted the case to the District Court for resumption of trial, but reserved its action to deal with the order of court costs. The trial judge, Poon Siu-tung, stood by his original verdict on March 7, 2013, hence Chan and Tseng were again acquitted of the three bribery charges.
The DoJ filed a further appeal with the CA against the acquittals by way of case stated.
The appeals were heard by Mr Justice Wally Yeung Chun-kuen, Vice-President of the CA, Madam Justice Maria Yuen Ka-ning, Justice of Appeal of the CA and Mr Justice Derek Pang Wai-cheong, Judge of the Court of First Instance, on September 8 and 9 this year.
Handing down the judgment today, Mr Justice Wally Yeung said the trial judge’s ruling that Chan had a “reasonable excuse” for accepting a sum of money from IEAP as a reward for participating in a programme produced and broadcast by TVB was wrong, and had neither legal nor factual basis.
Mr Justice Wally Yeung allowed the DoJ’s appeal, quashed the acquittals of Chan and Tseng, and ordered the trial judge to convict Chan and Tseng of a joint charge of conspiracy for an agent to accept an advantage, contrary to Section 9(1)(a) of the Prevention of Bribery Ordinance and Section 159A of the Crimes Ordinance; and impose sentences on them.
The joint charge stated that between December 7, 2009 and January 18, 2010, Chan and Tseng conspired together for Chan to, without lawful authority or reasonable excuse, accept $112,000 from IEAP as a reward for Chan participating and performing in a side-show entitled “Be My Guest” in the “New Year Eve Countdown Programme at Olympian City for 2010” which was produced and broadcast by TVB on December 31, 2009.
The CA also quashed the order of court costs granted by the trial judge to Chan and Tseng, and remitted the matter to the trial judge for consideration.
The case was adjourned until November 13 this year for mention at the District Court.
Chan and Tseng were granted cash bail of $100,000 each. They were ordered not to leave Hong Kong.
The appellant was today represented by Eric Kwok SC and Acting Senior Public Prosecutor Felix Tam, and assisted by ICAC officer Andy Yu.
Stephen Chan Chi-wan, 56, former general manager of TVB, and Tseng Pei-kun, 33, then director of Idea Empire Advertising & Production Company Limited (IEAP), were acquitted at the District Court on September 2, 2011 after trial of five charges – three of bribery, two of which were alternative; and two of conspiracy to defraud.
The Department of Justice (DoJ) subsequently filed an appeal with the CA against the acquittal of the three bribery charges by way of case stated, and the order of court costs granted by the trial judge to Chan and Tseng for their two acquitted charges of conspiracy to defraud.
On November 21, 2012, the CA allowed the appeal by the DoJ, quashed the acquittals and remitted the case to the District Court for resumption of trial, but reserved its action to deal with the order of court costs. The trial judge, Poon Siu-tung, stood by his original verdict on March 7, 2013, hence Chan and Tseng were again acquitted of the three bribery charges.
The DoJ filed a further appeal with the CA against the acquittals by way of case stated.
The appeals were heard by Mr Justice Wally Yeung Chun-kuen, Vice-President of the CA, Madam Justice Maria Yuen Ka-ning, Justice of Appeal of the CA and Mr Justice Derek Pang Wai-cheong, Judge of the Court of First Instance, on September 8 and 9 this year.
Handing down the judgment today, Mr Justice Wally Yeung said the trial judge’s ruling that Chan had a “reasonable excuse” for accepting a sum of money from IEAP as a reward for participating in a programme produced and broadcast by TVB was wrong, and had neither legal nor factual basis.
Mr Justice Wally Yeung allowed the DoJ’s appeal, quashed the acquittals of Chan and Tseng, and ordered the trial judge to convict Chan and Tseng of a joint charge of conspiracy for an agent to accept an advantage, contrary to Section 9(1)(a) of the Prevention of Bribery Ordinance and Section 159A of the Crimes Ordinance; and impose sentences on them.
The joint charge stated that between December 7, 2009 and January 18, 2010, Chan and Tseng conspired together for Chan to, without lawful authority or reasonable excuse, accept $112,000 from IEAP as a reward for Chan participating and performing in a side-show entitled “Be My Guest” in the “New Year Eve Countdown Programme at Olympian City for 2010” which was produced and broadcast by TVB on December 31, 2009.
The CA also quashed the order of court costs granted by the trial judge to Chan and Tseng, and remitted the matter to the trial judge for consideration.
The case was adjourned until November 13 this year for mention at the District Court.
Chan and Tseng were granted cash bail of $100,000 each. They were ordered not to leave Hong Kong.
The appellant was today represented by Eric Kwok SC and Acting Senior Public Prosecutor Felix Tam, and assisted by ICAC officer Andy Yu.