Conviction upheld for former Provisional DB member
2000-2-23
The Court of Appeal upheld the conviction of a member of the then Provisional Kwun Tong District Board (DB) for pocketing more than $1 million entrusted to him for bidding market stalls for a number of hawkers.
Li Ting-kit, 47, charged by the ICAC, was sentenced to one year's imprisonment at the District Court in July last year. He subsequently lodged an appeal against conviction.
Vice President Mr Michael Stuart-Moore, Mr Justice Arthur Leong and Mr Michael Wong today (Wednesday) handed down the judgement. Dismissing his appeal, the court concluded that "no miscarriage of justice has actually occurred".
Li was found guilty of 12 counts of stealing debts totalling $1,030,000 owned by various banks to a number of persons in the form of cheques between January and October 1996.
The ICAC investigated the case after receiving a corruption report alleging that a Provisional DB member might have accepted bribes for helping hawkers bid market stalls from the Housing Department.
The court heard that Li ran a DB member's office in Kwong Tin Estate, Lam Tin. Some hawkers believed that Li could acquire the leasing right of market stalls at the estate. At a meeting with the hawkers in January 1996, Li claimed that he had acquired t he leasing right of some stalls.
Between January and October 1996, a number of hawkers entered into written agreements with Li.
It was agreed that the hawkers would lease market stalls from Li's company, Full Faith International Development Ltd. (Full Faith) and the bidding would be secured through a subsidiary of Full Faith, Yield Home Far East Ltd. (Yield Home).
The agreements also stipulated that if the bidding was unsuccessful, the hawkers would have their deposits fully refunded.
Subsequently a total of 13 hawkers each paid Li a deposit between $20,000 and $160,000.
In August 1996, both Full Faith and Yield Home were not successful in the bidding exercise. The Housing Department's records revealed that the two companies were neither qualified nor had been invited for bidding.
Investigations by the ICAC revealed that Li had transferred the hawkers' deposit money to invest in video game business on the Mainland.
Li Ting-kit, 47, charged by the ICAC, was sentenced to one year's imprisonment at the District Court in July last year. He subsequently lodged an appeal against conviction.
Vice President Mr Michael Stuart-Moore, Mr Justice Arthur Leong and Mr Michael Wong today (Wednesday) handed down the judgement. Dismissing his appeal, the court concluded that "no miscarriage of justice has actually occurred".
Li was found guilty of 12 counts of stealing debts totalling $1,030,000 owned by various banks to a number of persons in the form of cheques between January and October 1996.
The ICAC investigated the case after receiving a corruption report alleging that a Provisional DB member might have accepted bribes for helping hawkers bid market stalls from the Housing Department.
The court heard that Li ran a DB member's office in Kwong Tin Estate, Lam Tin. Some hawkers believed that Li could acquire the leasing right of market stalls at the estate. At a meeting with the hawkers in January 1996, Li claimed that he had acquired t he leasing right of some stalls.
Between January and October 1996, a number of hawkers entered into written agreements with Li.
It was agreed that the hawkers would lease market stalls from Li's company, Full Faith International Development Ltd. (Full Faith) and the bidding would be secured through a subsidiary of Full Faith, Yield Home Far East Ltd. (Yield Home).
The agreements also stipulated that if the bidding was unsuccessful, the hawkers would have their deposits fully refunded.
Subsequently a total of 13 hawkers each paid Li a deposit between $20,000 and $160,000.
In August 1996, both Full Faith and Yield Home were not successful in the bidding exercise. The Housing Department's records revealed that the two companies were neither qualified nor had been invited for bidding.
Investigations by the ICAC revealed that Li had transferred the hawkers' deposit money to invest in video game business on the Mainland.