Former Chief Executive faces additional bribery charge
2016-10-11
Former Chief Executive (CE) of the Hong Kong Special Administrative Region (HKSAR) Donald Tsang Yam-kuen, who was earlier charged by the ICAC with two counts of misconduct in public office (MIPO), was today (Tuesday) charged with an additional bribery offence when he appeared at the Court of First Instance.
Tsang, aged 72, faced an additional charge of CE accepting an advantage, contrary to Section 4(2B)(a) of the Prevention of Bribery Ordinance.
The prosecution also applied for amending the particulars of the two MIPO charges.
Having heard the submissions made by the prosecution and the defence last Tuesday (October 4), Mr Justice Andrew Chan Hing-wai today allowed the prosecution’s application for adding the bribery charge and amending the indictment in respect of the two MIPO charges.
The additional charge alleged that between January 1, 2010 and June 30, 2012, Tsang, without lawful authority or reasonable excuse, accepted an advantage, namely the refurbishment and re-decoration of a three-storey residential property situated at East Pacific Garden in Shenzhen (the flat), as a reward for his performing or abstaining from performing acts in his capacity as the CE and President of the Executive Council (ExCo), namely considering and making decisions in relation to applications made by Wave Media Limited (WML) (subsequently renamed Digital Broadcasting Corporation Hong Kong Limited (DBC)):
(i) The applications of WML for a sound broadcasting licence for the provision of digital audio broadcasting services and surrendering a sound broadcasting licence for the provision of Amplitude Modulation radio services submitted to the Commerce and Economic Development Bureau in April and September 2010 respectively, and approved in principle and formally granted by Tsang acting in his capacity as the CE-in-Council at meetings of the ExCo held on November 2, 2010 and March 22, 2011 respectively;
(ii) The applications made by DBC between July and November 2011 for Arthur Li Kwok-cheung to exercise control of DBC as a director and chairman of the company and approved by Tsang acting in his capacity as the CE-in-Council at a meeting of the ExCo held on January 20, 2012.
One of the amended MIPO charges alleged that between January 1, 2010 and June 30, 2012, Tsang, in the course of or in relation to his public office, namely the CE and President of the ExCo, without reasonable excuse or justification, wilfully misconducted himself by failing to declare or disclose to, or by concealing from the ExCo his dealings and negotiations with Wong Cho-bau, the major shareholder of WML in respect of the flat when he was involved in decision making in relation to the aforesaid applications made by WML (subsequently renamed DBC).
The other amended MIPO charge alleged that between December 1, 2010 and July 31, 2011, Tsang, in the course of or in relation to his public office, namely the CE, without reasonable excuse or justification, wilfully misconducted himself by proposing that Barrie Ho Chow-lai be nominated for an honour or award under the HKSAR honours and award system at a time when Ho was carrying out interior design work at the flat; and failing to disclose to or by concealing from the then Permanent Secretary for the CE’s Office, the Development Bureau and the Honours and Non-official Justices of the Peace Selection Committee the fact that (i) Ho had been engaged to carry out interior design work at the flat; (ii) the interior design work was carried out for Tsang’s benefit and the costs of the work were met by East Pacific (Holdings) Limited; (iii) the flat was one in which Tsang had an interest and which was the subject matter of dealings and negotiations between Tsang and Wong; and (iv) Tsang’s use of the honours and award system to reward Ho for the interior design work.
Mr Justice Chan adjourned the case to October 27 this year for further mention, and extended the defendant’s bail on the same terms.
The prosecution was today represented by prosecuting counsel David Perry QC, Eric Kwok SC and Maggie Wong, assisted by ICAC officer Winnie Lee.
Tsang, aged 72, faced an additional charge of CE accepting an advantage, contrary to Section 4(2B)(a) of the Prevention of Bribery Ordinance.
The prosecution also applied for amending the particulars of the two MIPO charges.
Having heard the submissions made by the prosecution and the defence last Tuesday (October 4), Mr Justice Andrew Chan Hing-wai today allowed the prosecution’s application for adding the bribery charge and amending the indictment in respect of the two MIPO charges.
The additional charge alleged that between January 1, 2010 and June 30, 2012, Tsang, without lawful authority or reasonable excuse, accepted an advantage, namely the refurbishment and re-decoration of a three-storey residential property situated at East Pacific Garden in Shenzhen (the flat), as a reward for his performing or abstaining from performing acts in his capacity as the CE and President of the Executive Council (ExCo), namely considering and making decisions in relation to applications made by Wave Media Limited (WML) (subsequently renamed Digital Broadcasting Corporation Hong Kong Limited (DBC)):
(i) The applications of WML for a sound broadcasting licence for the provision of digital audio broadcasting services and surrendering a sound broadcasting licence for the provision of Amplitude Modulation radio services submitted to the Commerce and Economic Development Bureau in April and September 2010 respectively, and approved in principle and formally granted by Tsang acting in his capacity as the CE-in-Council at meetings of the ExCo held on November 2, 2010 and March 22, 2011 respectively;
(ii) The applications made by DBC between July and November 2011 for Arthur Li Kwok-cheung to exercise control of DBC as a director and chairman of the company and approved by Tsang acting in his capacity as the CE-in-Council at a meeting of the ExCo held on January 20, 2012.
One of the amended MIPO charges alleged that between January 1, 2010 and June 30, 2012, Tsang, in the course of or in relation to his public office, namely the CE and President of the ExCo, without reasonable excuse or justification, wilfully misconducted himself by failing to declare or disclose to, or by concealing from the ExCo his dealings and negotiations with Wong Cho-bau, the major shareholder of WML in respect of the flat when he was involved in decision making in relation to the aforesaid applications made by WML (subsequently renamed DBC).
The other amended MIPO charge alleged that between December 1, 2010 and July 31, 2011, Tsang, in the course of or in relation to his public office, namely the CE, without reasonable excuse or justification, wilfully misconducted himself by proposing that Barrie Ho Chow-lai be nominated for an honour or award under the HKSAR honours and award system at a time when Ho was carrying out interior design work at the flat; and failing to disclose to or by concealing from the then Permanent Secretary for the CE’s Office, the Development Bureau and the Honours and Non-official Justices of the Peace Selection Committee the fact that (i) Ho had been engaged to carry out interior design work at the flat; (ii) the interior design work was carried out for Tsang’s benefit and the costs of the work were met by East Pacific (Holdings) Limited; (iii) the flat was one in which Tsang had an interest and which was the subject matter of dealings and negotiations between Tsang and Wong; and (iv) Tsang’s use of the honours and award system to reward Ho for the interior design work.
Mr Justice Chan adjourned the case to October 27 this year for further mention, and extended the defendant’s bail on the same terms.
The prosecution was today represented by prosecuting counsel David Perry QC, Eric Kwok SC and Maggie Wong, assisted by ICAC officer Winnie Lee.