Appeal Court upholds former tobacco executive's $33m bribery conviction
2001-3-20
The Court of Appeal today (Tuesday) dismissed the appeal by former tobacco company executive Jerry Lui Kin-hong against his conviction of conspiracy to accept more than $33 million in bribes.
Lui, charged by the ICAC, was convicted in June 1998 by a jury on one count of conspiracy to accept bribes for him to ensure the sale and supply of cigarettes from British-American Tobacco Company (HK) Limited (BATHK) to Giant Island Limited or associated companies.
The offence took place between June 1988 and December 1993, while Lui was employed by Brown and Williamson Tobacco Corporation (B&W) and BATHK. The bribes involved totalled more than $33 million.
Lui was sentenced to three-years-and-eight-months' imprisonment and fined $500,000. He was also ordered to pay $11 million in prosecution costs and to repay $10 million to his former employers.
Lui was acquitted following his appeal to the Court of Appeal in February last year, due to legal technicalities over the admissibility of certain documentary evidence.
The prosecution then took the case to the Court of Final Appeal, which unanimously allowed the prosecution's appeal and restored his conviction. The case was remitted to the Court of Appeal to hear the remaining grounds of appeal.
Lui's appeal on the remaining grounds was today considered by Mr Justice Stuart-Moore, Mr Justice Mayo and Mr Justice Stock.
The Court of Appeal rejected Lui's argument that the trial judge's intervention had prejudiced the original trial.
The court ordered that Lui be returned to jail custody, pending hearing of his appeal against sentence and regarding costs tomorrow.
The prosecution was today represented by Deputy Director of Public Prosecutions John Reading SC, and Senior Government Counsel Joseph To.
Lui, charged by the ICAC, was convicted in June 1998 by a jury on one count of conspiracy to accept bribes for him to ensure the sale and supply of cigarettes from British-American Tobacco Company (HK) Limited (BATHK) to Giant Island Limited or associated companies.
The offence took place between June 1988 and December 1993, while Lui was employed by Brown and Williamson Tobacco Corporation (B&W) and BATHK. The bribes involved totalled more than $33 million.
Lui was sentenced to three-years-and-eight-months' imprisonment and fined $500,000. He was also ordered to pay $11 million in prosecution costs and to repay $10 million to his former employers.
Lui was acquitted following his appeal to the Court of Appeal in February last year, due to legal technicalities over the admissibility of certain documentary evidence.
The prosecution then took the case to the Court of Final Appeal, which unanimously allowed the prosecution's appeal and restored his conviction. The case was remitted to the Court of Appeal to hear the remaining grounds of appeal.
Lui's appeal on the remaining grounds was today considered by Mr Justice Stuart-Moore, Mr Justice Mayo and Mr Justice Stock.
The Court of Appeal rejected Lui's argument that the trial judge's intervention had prejudiced the original trial.
The court ordered that Lui be returned to jail custody, pending hearing of his appeal against sentence and regarding costs tomorrow.
The prosecution was today represented by Deputy Director of Public Prosecutions John Reading SC, and Senior Government Counsel Joseph To.