Conviction upheld for former Rockefeller chief
2001-6-27
The Court of Appeal yesterday (Tuesday) dismissed an appeal by former managing director of Rockefeller & Co. (Far East) Ltd. (Rockefeller) against his conviction of corruption and fraud involving about $50 million.
Kevin Lee Kwok-wing, 42, was found guilty in August last year by a jury unanimously at the Court of First Instance of 17 offences, including bribery and conspiracy to defraud. He was sentenced to six years in jail.
Lee's appeal was heard before Mr Justice Stuart-Moore, Mr Justice Simon Mayo and Mr Justice Brian Keith last month.
In a written judgement handed down yesterday, the Court of Appeal dismissed both grounds of appeal submitted by the appellant.
First, the Court of Appeal rejected the appellant's argument that the trial judge's refusal to allow him to "re-open" the voire dire, which was held before the jury was empanelled, was unfair.
The appellant argued that the judge's ruling had prevented him from being able to cross-examine a Rockefeller senior manager, who was then not available to give evidence during the voire dire in the absence of a jury.
However, the Court of Appeal found that the trial judge's ruling had not resulted in any unfairness to the appellant, as it was extremely unlikely that a more vigorous cross-examination of the witness would have resulted in him giving different evidence o r rendering his evidence less credible.
The appellant also argued that the trial judge's summing-up lacked the balance in that the appellant's case had not been adequately explained to the jury.
The Court of Appeal ruled that it was satisfied the jury would not have been left in any doubt in regard to the appellant's "defences".
Lee, while being employed by Rockefeller between 1992 and 1996, had acted contrary to the interest of Rockefeller by purchasing and selling shares to the company's detriment and to his own benefit.
He had accepted advantages from third parties without his employer's permission in return for making share purchases on behalf of Rockefeller.
Lee was found guilty of 11 counts of accepting and three counts of offering advantages under Section 9 of the Prevention of Bribery Ordinance. He was further convicted on two counts of conspiracy to defraud and one of conspiracy to accept an advantage. The total sum involved in the charges was about $50 million.
Kevin Lee Kwok-wing, 42, was found guilty in August last year by a jury unanimously at the Court of First Instance of 17 offences, including bribery and conspiracy to defraud. He was sentenced to six years in jail.
Lee's appeal was heard before Mr Justice Stuart-Moore, Mr Justice Simon Mayo and Mr Justice Brian Keith last month.
In a written judgement handed down yesterday, the Court of Appeal dismissed both grounds of appeal submitted by the appellant.
First, the Court of Appeal rejected the appellant's argument that the trial judge's refusal to allow him to "re-open" the voire dire, which was held before the jury was empanelled, was unfair.
The appellant argued that the judge's ruling had prevented him from being able to cross-examine a Rockefeller senior manager, who was then not available to give evidence during the voire dire in the absence of a jury.
However, the Court of Appeal found that the trial judge's ruling had not resulted in any unfairness to the appellant, as it was extremely unlikely that a more vigorous cross-examination of the witness would have resulted in him giving different evidence o r rendering his evidence less credible.
The appellant also argued that the trial judge's summing-up lacked the balance in that the appellant's case had not been adequately explained to the jury.
The Court of Appeal ruled that it was satisfied the jury would not have been left in any doubt in regard to the appellant's "defences".
Lee, while being employed by Rockefeller between 1992 and 1996, had acted contrary to the interest of Rockefeller by purchasing and selling shares to the company's detriment and to his own benefit.
He had accepted advantages from third parties without his employer's permission in return for making share purchases on behalf of Rockefeller.
Lee was found guilty of 11 counts of accepting and three counts of offering advantages under Section 9 of the Prevention of Bribery Ordinance. He was further convicted on two counts of conspiracy to defraud and one of conspiracy to accept an advantage. The total sum involved in the charges was about $50 million.