Final appeal of Kwok, Hui rejected

Former chief secretary for administration Rafael Hui Si-yan and real estate tycoon Thomas Kowk Ping-kwong had their final appeals against their graft charges thrown out by the city’s Court of Final Appeal on Wednesday — ending a five-year legal battle.

Sun Hung Kai Properties (SHKP) former co-chairman Thomas Kwok, who had been on bail awaiting the final appeal, was back in jail to serve his remaining sentence.

In handing down the judgment, Chief Justice Geoffrey Ma Tao-li emphasized that the payments were “bribes”, as they were in return for Hui’s “favorable disposition” while in office.

Justice Ma continued that once Hui had accepted the payments, his independence was “hopelessly compromised” during the entire period he held that office, and he could not properly discharge his duties nor be trusted to do so.

The 50-page judgment rejected the submission of the four appellants that the payment was made in goodwill before Hui assumed office, with no relevant act of misconduct involved.

In response, the judgment said the conspiratorial agreement was made in anticipation of Hui’s incoming capacity as chief secretary.

The payment was made to secure ongoing favorable treatment for the property giant. For Hui, by agreeing to place himself in “golden fetters” constituted by the payment, made him guilty of conspiracy to commit an act of misconduct in public office, the judgment concluded.

The high-profile graft case has garnered considerable public attention. The court reserved 52 seats for media and 90 seats for the public. Some queued up as early as 4 am on Wednesday to secure good spots.

Kwok was sentenced to five years in prison in December 2014, with former executive director of SHKP Thomas Chan Kui-yuen and former stock exchange official Francis Kwan Hung-sang for conspiracy to bribe the city’s former No 2 official Hui by paying HK$8.5 million as a sweetener days before Hui assumed office in 2005.

Hui was subsequently sentenced to seven years and a half jail for misconduct in public office and conspiracy to commit conduct in public office. Kwan, a close friend of Hui, was sentenced to five years and Chan got six years for their involvement in arranging the bribe.

Kwok was granted bail on July 12, 2016, after serving only one year and a half.

ROY LIU / CHINA DAILY Thomas Kwok Ping-kwong, former co-chairman of Sun Hung Kai Properties, gets into a prison van outside the Court of Final Appeal after losing his last bid for freedom on Wednesday.