CA orders re-trial of CUHK college staff MIPO and fraud case at District Court
2024-1-19
The Court of Appeal (CA) of the High Court handed down a written judgment in respect of the misconduct in public office (MIPO) and fraud case concerning college staff of The Chinese University of Hong Kong (CUHK), allowing the appeal against the acquittals of three defendants and ordering a re-trial of the case at the District Court.
In late November 2019, the ICAC charged three staff members of two colleges of the CUHK and a renovation contractor with MIPO, conspiracy to defraud and forgery over minor works orders worth totalling about $2.2 million by concealing conflicting interest during the relevant tendering exercises.
Lee Pui-shan, 47, College Secretary of Wu Yee Sun College (WYS) of the CUHK, was charged with one count of MIPO, contrary to Common Law; and an alternative charge of fraud, contrary to Section 16A of the Theft Ordinance.
Lee’s brother-in-law, Pang Siu-hang, 42, sole proprietor of Newest Living Creative Co. (Newest), Pson Design Engineering Co. (Pson), Ming’s Design Studio (Ming’s) and Pink Lemon Production House (Pink Lemon), was charged with five counts of forgery, contrary to Section 71 of the Crimes Ordinance.
Pang also faced two counts of conspiracy to defraud, contrary to Common Law, which were jointly charged with Shek Hiu-fung, 45, Executive Officer of WYS of the CUHK; and Leung Yau-shing, 40, Project Co-ordinator II of S.H. Ho College (SHHO) of the CUHK respectively.
Leung subsequently pleaded guilty to the charge while Lee, Pang and Shek were found not guilty of the charges on May 28, 2021 after trial. The Department of Justice subsequently filed an appeal against the acquittals by way of case stated. After hearing the appeal on December 6, 2023, Mr Justice Derek Pang Wai-cheong, Madam Justice Maggie Poon Man-kay and Madam Justice Anthea Pang Po-kam, all Justices of Appeal of the CA, overturned the acquittals of the three defendants, quashed the order of court costs by the trial judge, and ordered a re-trial of the case at the District Court by another judge.
The written judgment handed down yesterday (January 18) noted that the ruling on the facts made by the trial judge were based on perverse reasoning and that he had also erred in law, hence the CA overturned the acquittals and quashed the relevant order of court costs.
The ICAC investigation arose from a corruption complaint referred by the CUHK. Between September 2013 and January 2017, Lee and Shek were respectively the College Secretary and an Executive Officer of WYS of the CUHK while Leung was a Project Co-ordinator II of SHHO of the university.
Lee’s brother-in-law, Pang, was the sole proprietor of four renovation and design companies – Newest, Pson, Ming’s and Pink Lemon. Pang also controlled another company, Mochetto Co. (the five companies).
Lee allegedly wilfully misconducted herself, in the course of or in relation to her public office, without reasonable excuse or justification, by approving the recommendations of seven procurements of goods or services from Newest, totalling $190,900, without disclosing that Pang was the owner of Newest and declaring the conflict of interests arising from her family relationship with Pang.
It was alleged that Pang conspired with Shek and Leung respectively to defraud the CUHK by dishonestly falsely representing that the quotations submitted by the five companies in relation to 47 procurements of goods or services were genuinely competitive ones, obtained through a competitive process, and prepared separately from and independent of each other. As a result, the CUHK was deceived into awarding the abovementioned procurements to one of the five companies.
Meanwhile, Pang allegedly made five false quotations of three other decoration companies, with the intention to induce somebody to accept them as genuine.
The CUHK has rendered full assistance to the ICAC during its investigation into the case.
In late November 2019, the ICAC charged three staff members of two colleges of the CUHK and a renovation contractor with MIPO, conspiracy to defraud and forgery over minor works orders worth totalling about $2.2 million by concealing conflicting interest during the relevant tendering exercises.
Lee Pui-shan, 47, College Secretary of Wu Yee Sun College (WYS) of the CUHK, was charged with one count of MIPO, contrary to Common Law; and an alternative charge of fraud, contrary to Section 16A of the Theft Ordinance.
Lee’s brother-in-law, Pang Siu-hang, 42, sole proprietor of Newest Living Creative Co. (Newest), Pson Design Engineering Co. (Pson), Ming’s Design Studio (Ming’s) and Pink Lemon Production House (Pink Lemon), was charged with five counts of forgery, contrary to Section 71 of the Crimes Ordinance.
Pang also faced two counts of conspiracy to defraud, contrary to Common Law, which were jointly charged with Shek Hiu-fung, 45, Executive Officer of WYS of the CUHK; and Leung Yau-shing, 40, Project Co-ordinator II of S.H. Ho College (SHHO) of the CUHK respectively.
Leung subsequently pleaded guilty to the charge while Lee, Pang and Shek were found not guilty of the charges on May 28, 2021 after trial. The Department of Justice subsequently filed an appeal against the acquittals by way of case stated. After hearing the appeal on December 6, 2023, Mr Justice Derek Pang Wai-cheong, Madam Justice Maggie Poon Man-kay and Madam Justice Anthea Pang Po-kam, all Justices of Appeal of the CA, overturned the acquittals of the three defendants, quashed the order of court costs by the trial judge, and ordered a re-trial of the case at the District Court by another judge.
The written judgment handed down yesterday (January 18) noted that the ruling on the facts made by the trial judge were based on perverse reasoning and that he had also erred in law, hence the CA overturned the acquittals and quashed the relevant order of court costs.
The ICAC investigation arose from a corruption complaint referred by the CUHK. Between September 2013 and January 2017, Lee and Shek were respectively the College Secretary and an Executive Officer of WYS of the CUHK while Leung was a Project Co-ordinator II of SHHO of the university.
Lee’s brother-in-law, Pang, was the sole proprietor of four renovation and design companies – Newest, Pson, Ming’s and Pink Lemon. Pang also controlled another company, Mochetto Co. (the five companies).
Lee allegedly wilfully misconducted herself, in the course of or in relation to her public office, without reasonable excuse or justification, by approving the recommendations of seven procurements of goods or services from Newest, totalling $190,900, without disclosing that Pang was the owner of Newest and declaring the conflict of interests arising from her family relationship with Pang.
It was alleged that Pang conspired with Shek and Leung respectively to defraud the CUHK by dishonestly falsely representing that the quotations submitted by the five companies in relation to 47 procurements of goods or services were genuinely competitive ones, obtained through a competitive process, and prepared separately from and independent of each other. As a result, the CUHK was deceived into awarding the abovementioned procurements to one of the five companies.
Meanwhile, Pang allegedly made five false quotations of three other decoration companies, with the intention to induce somebody to accept them as genuine.
The CUHK has rendered full assistance to the ICAC during its investigation into the case.