Ex-deputy chairman of listed company gets 18 months for perversion
2016-2-29
A former deputy chairman of a listed company, charged by the ICAC, was today (Monday) sentenced to 18 months’ imprisonment at the District Court after he was convicted of perverting the course of public justice by intimidation with a view to influencing the Chief Executive (CE) and the ICAC Commissioner to terminate an ICAC investigation.
Lew Mon-hung, 67, former deputy chairman and executive director of Pearl Oriental Oil Limited (POOL), was today found guilty of one count of doing acts tending and intended to pervert the course of public justice, contrary to Common Law.
In sentencing, Judge Mr Frankie Yiu Fun-che said the seriousness of the offence in this case hinged on the target recipients of the defendant’s e-mails and letters, who were the CE and the ICAC Commissioner.
The judge added that perverting the course of public justice was a serious offence which undermined fairness of the judicial system and public confidence in it.
The court heard that at the material time, the defendant was the deputy chairman and executive director of publicly listed POOL. He was also a member of the National Committee of the Chinese People’s Political Consultative Conference (CPPCC).
On January 8, 2013, the defendant was interviewed under caution by the ICAC in relation to an investigation into him and other persons regarding POOL. After the cautioned interview, he was arrested for his alleged role in the case. He was then released on ICAC bail, and required to report bail on January 14, 2013.
In the evening of January 9, 2013, the defendant instructed his personal secretary to prepare and send an email, addressed to CE Leung Chun-ying, to the email address of the CE’s Office.
The court heard that based on a draft prepared by the defendant, his personal secretary typed out the e-mail addressed to the CE.
In the email, the defendant urged Leung to ask ICAC Commissioner Peh Yun-lu and his colleagues to be “cautious” when dealing with the case, otherwise he (the defendant) would “detonate a political bomb”.
In the same evening, the defendant instructed his personal secretary to prepare and send an email, addressed to Peh, to the general email address of the ICAC. The two emails addressed to Leung and Peh were similar in content.
The court heard that in the afternoon of January 10, 2013, the defendant instructed his personal secretary to type a letter addressed to the CE, copied to the ICAC Commissioner and signed by the defendant, in the letter printed with the letterhead of “Dr Lew Mon-hung, Member of CPPCC National Committee”.
In the letter, the defendant stated that if the ICAC did not stop the groundless accusation against him and others, thus affecting his reputation, political acclaim and financial situation, he would take revenge.
The defendant instructed his personal secretary to send the letter to the CE’s Office. He also instructed his personal secretary to send the copy to the office of the ICAC Commissioner. Leung and Peh received the letters respectively.
Upon the instruction of the CE, the Private Secretary to CE replied to the defendant on January 29, 2013 refuting the contents of his e-mail and letter addressed to the CE, and copied the reply to the ICAC Commissioner.
The defendant was arrested for perverting the course of public justice on February 20, 2013, the court was told.
The prosecution was today represented by Senior Assistant Director of Public Prosecutions Anna Lai, assisted by ICAC officers William Lam and Eric Chan.
Lew Mon-hung, 67, former deputy chairman and executive director of Pearl Oriental Oil Limited (POOL), was today found guilty of one count of doing acts tending and intended to pervert the course of public justice, contrary to Common Law.
In sentencing, Judge Mr Frankie Yiu Fun-che said the seriousness of the offence in this case hinged on the target recipients of the defendant’s e-mails and letters, who were the CE and the ICAC Commissioner.
The judge added that perverting the course of public justice was a serious offence which undermined fairness of the judicial system and public confidence in it.
The court heard that at the material time, the defendant was the deputy chairman and executive director of publicly listed POOL. He was also a member of the National Committee of the Chinese People’s Political Consultative Conference (CPPCC).
On January 8, 2013, the defendant was interviewed under caution by the ICAC in relation to an investigation into him and other persons regarding POOL. After the cautioned interview, he was arrested for his alleged role in the case. He was then released on ICAC bail, and required to report bail on January 14, 2013.
In the evening of January 9, 2013, the defendant instructed his personal secretary to prepare and send an email, addressed to CE Leung Chun-ying, to the email address of the CE’s Office.
The court heard that based on a draft prepared by the defendant, his personal secretary typed out the e-mail addressed to the CE.
In the email, the defendant urged Leung to ask ICAC Commissioner Peh Yun-lu and his colleagues to be “cautious” when dealing with the case, otherwise he (the defendant) would “detonate a political bomb”.
In the same evening, the defendant instructed his personal secretary to prepare and send an email, addressed to Peh, to the general email address of the ICAC. The two emails addressed to Leung and Peh were similar in content.
The court heard that in the afternoon of January 10, 2013, the defendant instructed his personal secretary to type a letter addressed to the CE, copied to the ICAC Commissioner and signed by the defendant, in the letter printed with the letterhead of “Dr Lew Mon-hung, Member of CPPCC National Committee”.
In the letter, the defendant stated that if the ICAC did not stop the groundless accusation against him and others, thus affecting his reputation, political acclaim and financial situation, he would take revenge.
The defendant instructed his personal secretary to send the letter to the CE’s Office. He also instructed his personal secretary to send the copy to the office of the ICAC Commissioner. Leung and Peh received the letters respectively.
Upon the instruction of the CE, the Private Secretary to CE replied to the defendant on January 29, 2013 refuting the contents of his e-mail and letter addressed to the CE, and copied the reply to the ICAC Commissioner.
The defendant was arrested for perverting the course of public justice on February 20, 2013, the court was told.
The prosecution was today represented by Senior Assistant Director of Public Prosecutions Anna Lai, assisted by ICAC officers William Lam and Eric Chan.