The Court of First Instance today (Thursday) dismissed the appeal of Radio Television Hong Kong's (RTHK) Chief Programme Officer Richard Tsang Yip-fat against his conviction of misconduct by abusing his authority over staff salary increments.

Tsang, 50, was found guilty in October last year at Kowloon City Magistracy of two counts of misconduct in public office, contrary to the Common Law. He was sentenced to four months' imprisonment, suspended for two years.

Upholding Tsang's conviction, Mr Justice Thomas Gall did not accept the appellant's arguments that the trial magistrate had erred in fact and law in finding that Tsang acted dishonestly and wilfully.

The judge said he was satisfied with the trial magistrate's decision that the appellant had a dishonest motive, and that the magistrate was entitled to find in fact and law the appellant had "wilfully and intentionally culpably misconducted himself".

As regards the remaining arguments over non-disclosure of materials relating to similar investigations concerning other RTHK employees, the judge said the value or the use of that material in the hands of the defence was so marginal that notwithstanding h is arguments, the non-disclosure was not a material irregularity in the trial.

The prosecution was today represented by Senior Assistant Director of Public Prosecutions Ian McWalters, assisted by ICAC officer Andrew Lo.