Former legislator faces court for alleged bribery and misconduct
2001-6-1
Former legislator Gary Cheng Kai Nam, charged by the ICAC with alleged offences including accepting an advantage as a public servant, and misconduct in public office, appeared at Eastern Court this (Friday) morning.
No plea was taken today. Cheng, 51, facing five charges, was granted bail of $20,000 in cash. Magistrate Mr Henry Mierczak adjourned the case to June 8, 2001, pending transfer to the District Court.
One of the charges alleged Cheng, whilst being a member of the Legislative Council, of accepting $60,000 from PA Professional Consultants Limited (PA Professional) on April 27, 2000, on account of his performing in his capacity as a public servant in resp ect of the appointment of members to the Hong Kong Sports Development Board (SDB) by the Chief Executive of the HKSAR, contrary to Section 4(2)(a) of the Prevention of Bribery Ordinance.
The alleged advantage was for Cheng to seek to influence the Chief Executive of the HKSAR, his advisers and the public servants employed in the Home Affairs Bureau (HAB), over the choice of members to be appointed to SDB.
Cheng also faced one count of misconducting himself between March 1 and April 28, 2000 in the discharge of his public office by wilfully and without reasonable excuse or justification and with the intention of improperly obtaining benefit for himself, con trary to the Common Law.
According to this charge, Cheng was said to have dishonestly:
- agreed with Adrian Cheung of PA Professional to receive $60,000 for making enquiries of public servants of HAB about the progress in the appointment of members of the SDB, and related matters;
- sought and received from SDB employee Lee Chung-may, Grace, a list of names of persons whose appointment to SDB it was suggested be sought;
- arranged to meet and met Ng Sek-hon, then Deputy Secretary for Home Affairs, and discussed with him the progress in the above appointment, without having disclosed to Ng that he had agreed to accept payment to do so, and that the payment would come indire ctly from SDB; and
- caused an invoice in the sum of $60,000 in respect of the agreed services to be rendered to PA Professional, and accepted payment in that sum.
The former legislator was also charged with one count of false accounting in relation to making entries in an invoice in the sum of $20,000 on the letterhead of "Gary Cheng Kai Nam's Public Relations Consultants Ltd.", dated November 1, 1999.
It was alleged that the entries were misleading, false or deceptive, in that services stated to have been rendered included the stipulated contact with the Director and Assistant Director of the Home Affairs Department, while no such contact had occurred.
Cheng was further charged with one count of stealing a debt of $20,000 owed to PA Professional on January 14, 2000, and another count of stealing a debt of $60,000 owed to the same company on April 27, 2000.
The prosecution was today represented by Senior Assistant Director of Public Prosecutions Kevin Zervos, assisted by ICAC officer Raymond Yuen.
No plea was taken today. Cheng, 51, facing five charges, was granted bail of $20,000 in cash. Magistrate Mr Henry Mierczak adjourned the case to June 8, 2001, pending transfer to the District Court.
One of the charges alleged Cheng, whilst being a member of the Legislative Council, of accepting $60,000 from PA Professional Consultants Limited (PA Professional) on April 27, 2000, on account of his performing in his capacity as a public servant in resp ect of the appointment of members to the Hong Kong Sports Development Board (SDB) by the Chief Executive of the HKSAR, contrary to Section 4(2)(a) of the Prevention of Bribery Ordinance.
The alleged advantage was for Cheng to seek to influence the Chief Executive of the HKSAR, his advisers and the public servants employed in the Home Affairs Bureau (HAB), over the choice of members to be appointed to SDB.
Cheng also faced one count of misconducting himself between March 1 and April 28, 2000 in the discharge of his public office by wilfully and without reasonable excuse or justification and with the intention of improperly obtaining benefit for himself, con trary to the Common Law.
According to this charge, Cheng was said to have dishonestly:
- agreed with Adrian Cheung of PA Professional to receive $60,000 for making enquiries of public servants of HAB about the progress in the appointment of members of the SDB, and related matters;
- sought and received from SDB employee Lee Chung-may, Grace, a list of names of persons whose appointment to SDB it was suggested be sought;
- arranged to meet and met Ng Sek-hon, then Deputy Secretary for Home Affairs, and discussed with him the progress in the above appointment, without having disclosed to Ng that he had agreed to accept payment to do so, and that the payment would come indire ctly from SDB; and
- caused an invoice in the sum of $60,000 in respect of the agreed services to be rendered to PA Professional, and accepted payment in that sum.
The former legislator was also charged with one count of false accounting in relation to making entries in an invoice in the sum of $20,000 on the letterhead of "Gary Cheng Kai Nam's Public Relations Consultants Ltd.", dated November 1, 1999.
It was alleged that the entries were misleading, false or deceptive, in that services stated to have been rendered included the stipulated contact with the Director and Assistant Director of the Home Affairs Department, while no such contact had occurred.
Cheng was further charged with one count of stealing a debt of $20,000 owed to PA Professional on January 14, 2000, and another count of stealing a debt of $60,000 owed to the same company on April 27, 2000.
The prosecution was today represented by Senior Assistant Director of Public Prosecutions Kevin Zervos, assisted by ICAC officer Raymond Yuen.