Former Chief Executive jailed for misconduct in public office
2017-2-22
Former Chief Executive (CE) of the Hong Kong Special Administrative Region (HKSAR) Donald Tsang Yam-kuen, charged by the ICAC, was today (February 22) sentenced to 20 months’ imprisonment at the Court of First Instance of the High Court for misconduct in public office (MIPO).
Tsang, 72, was found guilty by a jury last Friday (February 17) of one charge of MIPO, contrary to Common Law.
In passing the sentence, Mr Justice Andrew Chan Hing-wai said the seriousness of the MIPO offence lied in the office which Tsang occupied. Tsang was then CE and head of the HKSAR, and was accountable to the people of Hong Kong and the Central People’s Government. Being the CE, Tsang had to be a person of integrity.
The judge said Tsang’s breach of trust was a significant aspect in the case. The decisions he made at the Executive Council (Exco) meetings were also important ones as the allocation of radio spectrum would affect all walks of life.
The judge said he reduced the starting point of 30 months in jail to 20 months after taking into account various factors, including Tsang’s good character and his contribution to Hong Kong in the past 40 years.
Since there was no exceptional circumstances in this case, there was no justification for a suspended sentence, the judge added.
The charge, of which Tsang was found guilty, stated 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 Wave Media Limited (WML), in respect of a three-storey residential property situated at East Pacific Garden in Shenzhen (the flat) when he was involved in decision making in relation to applications made by WML (subsequently renamed Digital Broadcasting Corporation Hong Kong Limited (DBC)) for:
(i) a sound broadcasting licence for the provision of digital audio broadcasting services submitted to the Commerce and Economic Development Bureau (CEDB) in April 2010;
(ii) the surrender of a sound broadcasting licence for the provision of Amplitude Modulation radio services submitted to the CEDB in September 2010; and
(iii) permission for Arthur Li Kwok-cheung to exercise control of DBC as a director and chairman of the board of the company.
Last Friday, the jury was unable to reach a verdict on a bribery charge of CE accepting an advantage, contrary to Section 4(2B)(a) of the Prevention of Bribery Ordinance, against Tsang. The court will hear the retrial in respect of this charge in September this year.
The charge alleged that between January 1, 2010 and June 30, 2012, Tsang, without lawful authority or reasonable excuse, accepted the refurbishment and re-decoration of the flat as a reward for considering and making decisions in relation to the aforesaid applications made by WML.
In addition, the jury found Tsang not guilty of another charge of MIPO in relation to the nomination of Barrie Ho Chow-lai for an honour or award under the HKSAR honours and award system.
The prosecution was today represented by prosecuting counsel David Perry QC, Eric Kwok SC and Maggie Wong, assisted by ICAC officer Winnie Lee.
Tsang, 72, was found guilty by a jury last Friday (February 17) of one charge of MIPO, contrary to Common Law.
In passing the sentence, Mr Justice Andrew Chan Hing-wai said the seriousness of the MIPO offence lied in the office which Tsang occupied. Tsang was then CE and head of the HKSAR, and was accountable to the people of Hong Kong and the Central People’s Government. Being the CE, Tsang had to be a person of integrity.
The judge said Tsang’s breach of trust was a significant aspect in the case. The decisions he made at the Executive Council (Exco) meetings were also important ones as the allocation of radio spectrum would affect all walks of life.
The judge said he reduced the starting point of 30 months in jail to 20 months after taking into account various factors, including Tsang’s good character and his contribution to Hong Kong in the past 40 years.
Since there was no exceptional circumstances in this case, there was no justification for a suspended sentence, the judge added.
The charge, of which Tsang was found guilty, stated 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 Wave Media Limited (WML), in respect of a three-storey residential property situated at East Pacific Garden in Shenzhen (the flat) when he was involved in decision making in relation to applications made by WML (subsequently renamed Digital Broadcasting Corporation Hong Kong Limited (DBC)) for:
(i) a sound broadcasting licence for the provision of digital audio broadcasting services submitted to the Commerce and Economic Development Bureau (CEDB) in April 2010;
(ii) the surrender of a sound broadcasting licence for the provision of Amplitude Modulation radio services submitted to the CEDB in September 2010; and
(iii) permission for Arthur Li Kwok-cheung to exercise control of DBC as a director and chairman of the board of the company.
Last Friday, the jury was unable to reach a verdict on a bribery charge of CE accepting an advantage, contrary to Section 4(2B)(a) of the Prevention of Bribery Ordinance, against Tsang. The court will hear the retrial in respect of this charge in September this year.
The charge alleged that between January 1, 2010 and June 30, 2012, Tsang, without lawful authority or reasonable excuse, accepted the refurbishment and re-decoration of the flat as a reward for considering and making decisions in relation to the aforesaid applications made by WML.
In addition, the jury found Tsang not guilty of another charge of MIPO in relation to the nomination of Barrie Ho Chow-lai for an honour or award under the HKSAR honours and award system.
The prosecution was today represented by prosecuting counsel David Perry QC, Eric Kwok SC and Maggie Wong, assisted by ICAC officer Winnie Lee.