Duo sent to jail for champerty after review of sentences
2014-11-25
A consultant and a solicitor, charged by the ICAC, were today (Tuesday) sent to prison to serve their respective jail terms of 26 months and 38 months for champerty in civil actions for compensation claims totalling over $7.3 million after the Court of Ap peal (CA) allowed a review of their suspended sentences.
Ip Hon-ming, 61, a consultant of Quickway Professional Consultants Limited (Quickway), and Gary Yeong Yun-hong, 46, a partner of Yeong & Co. (Y&C), a solicitors firm, were earlier found guilty at the District Court in April this year of 25 counts of champ erty, contrary to Common Law. Ip alone was convicted of a similar offence.
Ip was sentenced to 12 months’ imprisonment, suspended for 18 months, by Judge Ms Amanda Woodcock, while Yeong was jailed for 15 months, suspended for two years.
The Department of Justice (DoJ) subsequently made an application for a review of their sentences. The application was heard by Mr Justice Michael Lunn, Vice President of the CA, Mr Justice Ian McWalters, Justice of Appeal, and Mr Justice Derek Pang Wai-c heong, Judge of the Court of First Instance.
In handing down its judgment today, the CA allowed the DoJ’s application and set aside the suspended jail terms of the respondents.
Mr Justice Lunn, who gave the judgment, said the original sentences imposed on the respondents were both wrong in principle and also unduly lenient.
The nub of the gravity of the commission of the offences lied in the fact that the offences were committed over a period of more than five years and involved 26 claimants and over $7.3 million in damages, Mr Justice Lunn said.
“By the champertous agreements the proper conduct of these civil actions on behalf of the complainants was put at risk,” he said.
Mr Justice Lunn said the appropriate starting point for sentence was three years’ imprisonment for Ip and four years’ imprisonment for Yeong. After the appropriate discount of 10 months in view of various factors, including their good character and current jail terms substantially in excess of that imposed earlier, Ip and Yeong were jailed for two years and two months and three years and two months respectively.
The case arose from a corruption complaint. Subsequent ICAC enquiries revealed the above offences.
The court heard that between November 2001 and April 2007, Ip and Yeong unlawfully made champertous bargains with 26 clients to unlawfully maintain civil actions in Hong Kong involving those clients as plaintiffs and various companies and persons as defen dants.
The agreements signed by those claimants stipulated that they would not have to pay Y&C any legal fees during the process of civil claims, and agreed to pay 20 per cent of the damages or settlement amounts recovered if the claims succeeded, the court hear d.
Neither Ip nor Yeong had explained to the claimants that they could apply for legal aid. Had they known that they could apply for legal aid, they would not have engaged the services of Ip.
After obtaining compensation totalling about $7.3 million for personal injuries in those traffic and occupational accidents, the claimants gave Ip 20 per cent or over $1.4 million. Yeong fraudulently obtained over $3.8 million to be paid to Y&C as costs by the defendants in the civil actions, the court was told.
Ip Hon-ming, 61, a consultant of Quickway Professional Consultants Limited (Quickway), and Gary Yeong Yun-hong, 46, a partner of Yeong & Co. (Y&C), a solicitors firm, were earlier found guilty at the District Court in April this year of 25 counts of champ erty, contrary to Common Law. Ip alone was convicted of a similar offence.
Ip was sentenced to 12 months’ imprisonment, suspended for 18 months, by Judge Ms Amanda Woodcock, while Yeong was jailed for 15 months, suspended for two years.
The Department of Justice (DoJ) subsequently made an application for a review of their sentences. The application was heard by Mr Justice Michael Lunn, Vice President of the CA, Mr Justice Ian McWalters, Justice of Appeal, and Mr Justice Derek Pang Wai-c heong, Judge of the Court of First Instance.
In handing down its judgment today, the CA allowed the DoJ’s application and set aside the suspended jail terms of the respondents.
Mr Justice Lunn, who gave the judgment, said the original sentences imposed on the respondents were both wrong in principle and also unduly lenient.
The nub of the gravity of the commission of the offences lied in the fact that the offences were committed over a period of more than five years and involved 26 claimants and over $7.3 million in damages, Mr Justice Lunn said.
“By the champertous agreements the proper conduct of these civil actions on behalf of the complainants was put at risk,” he said.
Mr Justice Lunn said the appropriate starting point for sentence was three years’ imprisonment for Ip and four years’ imprisonment for Yeong. After the appropriate discount of 10 months in view of various factors, including their good character and current jail terms substantially in excess of that imposed earlier, Ip and Yeong were jailed for two years and two months and three years and two months respectively.
The case arose from a corruption complaint. Subsequent ICAC enquiries revealed the above offences.
The court heard that between November 2001 and April 2007, Ip and Yeong unlawfully made champertous bargains with 26 clients to unlawfully maintain civil actions in Hong Kong involving those clients as plaintiffs and various companies and persons as defen dants.
The agreements signed by those claimants stipulated that they would not have to pay Y&C any legal fees during the process of civil claims, and agreed to pay 20 per cent of the damages or settlement amounts recovered if the claims succeeded, the court hear d.
Neither Ip nor Yeong had explained to the claimants that they could apply for legal aid. Had they known that they could apply for legal aid, they would not have engaged the services of Ip.
After obtaining compensation totalling about $7.3 million for personal injuries in those traffic and occupational accidents, the claimants gave Ip 20 per cent or over $1.4 million. Yeong fraudulently obtained over $3.8 million to be paid to Y&C as costs by the defendants in the civil actions, the court was told.