http://hk.on.cc/hk/bkn/cnt/news/20141219/bkn-20141219144745966-1219_00822_001.html
Rafael Hui Convicted of 5 Charges - 許仕仁5罪成
前政務司司長許仕仁在任前後收受新鴻基地產集團利益案，9名陪審員經過5日的退庭商議後，下午作出裁決。許仕仁8項控罪中5項成立，郭炳江1罪成，郭炳聯則全部控罪不成立，陳鉅源和關雄生2項控罪全部成立。
許仕仁首項控罪藉公職作出不當行為罪成，陪審團以8比1，大比數裁定許仕仁罪成。第二項控罪許與郭炳江均以9比0裁定罪名不成立。第三項及第四項控罪許及郭炳聯均以7比2裁定罪名不成立。第五項控罪許以7比2裁定罪名成立，此控罪涉及本案5名被告，只有郭炳聯脫罪，其餘4人皆罪成。第六項控罪許亦以7比2裁定罪名成立。第七項控罪涉及5名被告，其中許仕仁、陳鉅源及關雄生罪名成立，郭氏兄弟則不成立。第八項控罪許仕仁就以7比2裁定罪名成立。
本案5名被告包括前政務司司長許仕仁、新地董事局聯席主席兼董事總經理郭炳江及郭炳聯兄弟、新地執行董事陳鉅源及港交所前高級副總裁關雄生。他們被控串謀藉公職作出不當行為、串謀向公職人員提供利益等共8罪。控罪指他們在2000至2007年，即許先後擔任積金局行政總監、政務司司長及行會非官守議員等公職期間，串謀讓許收受現金饋贈、貸款及免租入住豪宅等利益，以換取許在公職上優待新地。
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http://www.thestandard.com.hk/breaking_news_detail.asp?id=55529
Former Chief Secretary Rafael Hui Si-yan has been found guilty by a High Court jury of accepting HK$8.5 million in bribes from Sun Hung Kai Properties co-chairman, Thomas Kwok Ping-kwong, in return for the former official to be "favorably disposed" to the developer.
Hui was found guilty of three counts of misconduct in public office, one count of conspiracy to commit misconduct in public office and one count of conspiracy to offer an advantage to public servant.
Thomas Kwok was found guilty of one count of conspiracy to commit misconduct in public office.
His brother Raymond Kwok Ping-luen was clear of all charges.
Former Hong Kong stock exchange official Francis Kwan Hung-sang and Sun Hung Kai Properties executive director Thomas Chan Kui-yuen were each found guilty to two counts of charges.
The jurors spent the last five day before coming up with the verdicts. They found nothing wrong with other multi-million dollar payments Hui received from the Kwok's brothers.
2014年12月18日 星期四
2014年11月5日 星期三
Rafael Hui Trial Revealed Rotten Heart of Hong Kong Government, Says Prosecutor David Perry QC
http://www.scmp.com/news/hong-kong/article/1632609/rafael-hui-trial-revealed-rotten-heart-hong-kong-government-says
The heart of Hong Kong government was “rotten” when former chief secretary Rafael Hui Si-yan pocketed multimillion-dollar bribes from billionaire property developers, prosecutors said as they began wrapping up one of the city’s biggest ever graft trials today.
Starting a four-day closing submission summing up more than 100 days of evidence, lead prosecutor David Perry QC said it was a “simple case of misconduct in public office” by Hui.
The actions of the co-defendants, Sun Hung Kai Properties co-chairmen and brothers Thomas Kwok Ping-kwong and Raymond Kwok Ping-luen, bore “all the hallmarks of bribery”.
“There was something rotten at the heart of the government of Hong Kong,” said Perry. “[Hui] put his own private interest before his public duty. It is about collusion between business and government.
“The prosecution has to say with regret that the defendants have told lies,” he added.
Perry said Hui’s earlier role as managing director of the Mandatory Provident Fund Schemes Authority (MPFA) was also “hopelessly compromised” because of his “divided loyalty”.
The prosecutor asked the nine jurors not to judge Hui morally in the face of evidence about his luxurious lifestyle and spending sprees.
“He needed money to fund his immoderate and luxurious lifestyle – that’s not a criticism, that’s not a moral judgment,” Perry said.
Hui “is not on trial for his love of gourmet food, fine wine or companionship of women,” the prosecutor added.
Hui and Thomas Kwok had testified that the alleged bribes were part of a secret oral agreement made with Hui stipulating that HK$30 million be paid for two years’ consultancy between 2003 and 2005.
But Perry said: “The oral agreement is a fictitious invention of the defendants, a convenient attempt to explain away what was a bribe.”
Hui “abused” his public office, Perry said. “He was not candid, he was not truthful, he was not open about his relationship with the Kwoks ... because he received these bribes.”
He challenged the co-defendants’ testimony that the almost identical sums of money that left the Kwoks and arrived to Hui were coincidental. “An assertion of coincidence is not an explanation; it’s simply taking refuge in the denial of the connection,” he said.
“Each of the defendants, when they found themselves in difficulty, sought sanctuary in the claim of ignorance or absence of knowledge.”
When Hui was head of MPFA, he voted in favour of the public body’s renewal of its office lease in the IFC tower co-managed by SHKP. “Rather than acting with integrity, he deliberately suppressed the truth about his relationship with the Kwoks,” Perry said.
As chief secretary and later a non-official member of the Executive Council, Hui handled the West Kowloon Cultural District project, in which SHKP had an interest.
Hui, 66, faces eight charges related to bribery and misconduct in public office.
Thomas Kwok, 63, faces one charge of conspiracy to offer an advantage to Hui and two counts of conspiracy to commit misconduct in public office.
Raymond Kwok, 61, faces four charges, including one with Hui of furnishing false information. SHKP executive director Thomas Chan Kui-yuen, 68, and former Hong Kong stock exchange official Francis Kwan Hung-sang, 63, each face two charges.
All have pleaded not guilty. The trial continues before Mr Justice Andrew Macrae.
The heart of Hong Kong government was “rotten” when former chief secretary Rafael Hui Si-yan pocketed multimillion-dollar bribes from billionaire property developers, prosecutors said as they began wrapping up one of the city’s biggest ever graft trials today.
Starting a four-day closing submission summing up more than 100 days of evidence, lead prosecutor David Perry QC said it was a “simple case of misconduct in public office” by Hui.
The actions of the co-defendants, Sun Hung Kai Properties co-chairmen and brothers Thomas Kwok Ping-kwong and Raymond Kwok Ping-luen, bore “all the hallmarks of bribery”.
“There was something rotten at the heart of the government of Hong Kong,” said Perry. “[Hui] put his own private interest before his public duty. It is about collusion between business and government.
“The prosecution has to say with regret that the defendants have told lies,” he added.
Perry said Hui’s earlier role as managing director of the Mandatory Provident Fund Schemes Authority (MPFA) was also “hopelessly compromised” because of his “divided loyalty”.
The prosecutor asked the nine jurors not to judge Hui morally in the face of evidence about his luxurious lifestyle and spending sprees.
“He needed money to fund his immoderate and luxurious lifestyle – that’s not a criticism, that’s not a moral judgment,” Perry said.
Hui “is not on trial for his love of gourmet food, fine wine or companionship of women,” the prosecutor added.
Hui and Thomas Kwok had testified that the alleged bribes were part of a secret oral agreement made with Hui stipulating that HK$30 million be paid for two years’ consultancy between 2003 and 2005.
But Perry said: “The oral agreement is a fictitious invention of the defendants, a convenient attempt to explain away what was a bribe.”
Hui “abused” his public office, Perry said. “He was not candid, he was not truthful, he was not open about his relationship with the Kwoks ... because he received these bribes.”
He challenged the co-defendants’ testimony that the almost identical sums of money that left the Kwoks and arrived to Hui were coincidental. “An assertion of coincidence is not an explanation; it’s simply taking refuge in the denial of the connection,” he said.
“Each of the defendants, when they found themselves in difficulty, sought sanctuary in the claim of ignorance or absence of knowledge.”
When Hui was head of MPFA, he voted in favour of the public body’s renewal of its office lease in the IFC tower co-managed by SHKP. “Rather than acting with integrity, he deliberately suppressed the truth about his relationship with the Kwoks,” Perry said.
As chief secretary and later a non-official member of the Executive Council, Hui handled the West Kowloon Cultural District project, in which SHKP had an interest.
Hui, 66, faces eight charges related to bribery and misconduct in public office.
Thomas Kwok, 63, faces one charge of conspiracy to offer an advantage to Hui and two counts of conspiracy to commit misconduct in public office.
Raymond Kwok, 61, faces four charges, including one with Hui of furnishing false information. SHKP executive director Thomas Chan Kui-yuen, 68, and former Hong Kong stock exchange official Francis Kwan Hung-sang, 63, each face two charges.
All have pleaded not guilty. The trial continues before Mr Justice Andrew Macrae.
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