A former senior official in the then Legal Department (now the Department of Justice) accepted bribes to pervert the course of justice due to heavy debts incurred from investment losses in a fruit orchard in New Zealand. Despite attempts to circumvent ICAC investigation and despite sneaking out of Hong Kong, he could not escape the long arm of the law. The doggedness and perseverance of ICAC investigators eventually brought him to justice and thus he became the highest-ranking government counsel prosecuted, convicted and imprisoned in Hong Kong.
The former acting Deputy Director of Public Prosecutions (DDPP) of the then Legal Department and two lawyers in private practice who were alleged to have bribed the DDPP, were arrested by the ICAC for allegedly breaching the Prevention of Bribery Ordinance (PBO). They were released on ICAC bail but had to surrender their travel documents to the ICAC.
The former government counsel jumped bail and was suspected of fleeing Hong Kong. The ICAC issued a warrant for his arrest.
The former government counsel was tracked down and arrested by the Philippines’ Immigration and Deportation Department, and was deported to Hong Kong early next morning.
On arrival at Hong Kong’s Kai Tak Airport, the former government counsel was arrested by the ICAC for offences of failing to comply with notices issued under the PBO to explain the source of his assets.
The former government counsel was found to have control of assets totalling HK$16 million, including bank balances of NZ$2.43 million, three lots of land in New Zealand and an orchard business. He was further charged with being in control of pecuniary resources and property disproportionate to his present or past official emoluments, contrary to Section 10(1) (b) of the PBO.
The former government counsel pleaded guilty while three other practising lawyers were charged for their involvement in the case.
The former government counsel was sentenced to 8 years’ imprisonment and was ordered to repay HK$12 million to the government in restitution. Wishing to cut down his jail term, the counsel agreed to turn into a tainted witness against defendants who had offered him bribes and helped him escape. He served his sentence in ICAC Detention Centre to facilitate the ICAC to collect evidence from him.
A barrister and a solicitor were convicted of offering bribes to the former government counsel for influencing the trial of a court case. They were each sentenced to 7 years’ imprisonment. After lodging an appeal, the barrister was given an additional 2-year jail term while the solicitor’s sentence was remitted to 5 years.
One more lawyer who had met the former government counsel in Macau and helped him flee Hong Kong, was convicted of perverting the course of justice. He was sentenced to an imprisonment of 4 years.
The former government counsel was transferred to Siu Lam Prison to serve the rest of his sentence. His jail term was later reduced to 7 years by the then Governor.
The former government counsel was discharged from Siu Lam Prison. Owing to a threat to his personal safety in divulging what he knew to the ICAC, the government arranged for him to be taken by helicopter to the airport for a New Zealand-bound flight.
Less than one week after his discharge, the former government counsel was further found to have received HK$5 million in bribe money for making a false affidavit in a Hong Kong appeal case. He was arrested by the New Zealand police following a request by the ICAC and the ICAC planned to extradite him to Hong Kong to face trial.
The former government counsel admitted guilt of making a false affidavit during a New Zealand court trial and was sentenced to 2-1/2 years’ imprisonment. The ICAC thus cancelled its extradition plan.