Rafael Hui, Thomas Kwok face up to 7 years in prison for each graft conviction: prosecution
Two high-profile figures set for sentence today at end of historic graft case
PUBLISHED : Monday, 22 December, 2014, 11:08am
UPDATED : Tuesday, 23 December, 2014, 1:56am
Stuart Lau and Thomas Chan
(From left) Thomas Chan and Thomas Kwok, formerly of Sun Hung Kai Properties, and ex-chief secretary Rafael Hui are taken to the High Court yesterday. Photo: Felix Wong
In a last-ditch effort to save Rafael Hui Si-yan from a harsh sentence, former chief executive Donald Tsang Yam-kuen yesterday extolled the "humongous contributions" of his one-time chief secretary who pocketed almost HK$20 million in bribes during his public service.
Tsang, who is himself a subject of corruption investigations, is among an array of big names from political, commercial, academic and religious circles pleading for leniency on behalf of two prominent figures convicted in the city's biggest graft case.
Hui and Thomas Kwok Ping-kwong are due to hear their sentences from Mr Justice Andrew Macrae today - on the 133rd day of the high-profile trial - along with former SHKP executive director Thomas Chan Kui-yuen and former Hong Kong stock exchange official Francis Kwan Hung-sang.
Thomas Kwok, until last Friday co-chairman of Sun Hung Kai Properties, secured mitigation letters from property mogul and Henderson Land Development chairman Lee Shau-kee and the Most Reverend Paul Kwong, archbishop of the Anglican Church in Hong Kong and Macau.
Kwok's son, newly appointed SHKP executive director Adam Kwok Kai-fai, made a rare appearance in the High Court, while acquitted defendant and SHKP chairman Raymond Kwok Ping-luen also returned, taking a place in the public gallery instead of the dock. Uncle and nephew prayed together during a break.
READ IN FULL: Donald Tsang's letter to court on Rafael Hui
Tsang, who had been tight-lipped about the charges of bribery and misconduct in public office facing the man he picked to be his top aide between 2005 and 2007, said he was "devastated" on Friday to learn about the verdicts.
Hui was found guilty of five out of eight counts. Despite the convictions, Tsang said, Hui's political achievements were "unrivalled". "I cannot recall any chief secretary or colonial secretary over the previous 50 years before 2005, who had to face such an onerous menu of work fraught with such conflicting political, social and economic interests and challenges," he wrote in a letter to Macrae that was read out by Hui's lawyer, Edwin Choy Wai-bond.
"Yet records showed that Mr Hui performed brilliantly."
No time for a shave? Hui arrives in court in a police van sporting grey stubble. Photo: K.Y. Cheng
Hui, unshaven and sporting a grey stubble, drooped his head as Tsang's words echoed around the wood-panelled courtroom.
"None of us in the upper echelons of the administration had ever doubted the integrity and impartiality of Mr Hui in discharging his official duties," Tsang wrote.
The former chief executive admitted he and some other officials were aware of Hui's lavish lifestyle, but took it as his "personal choice and a benefit flowing from his family endowment".
"I entreat your lordship for leniency in meting out your sentence against Mr Hui."
Also making a case for Hui were the University of Hong Kong's previous vice-chancellor, Professor Tsui Lap-chee, and Chau Tak-hay, former secretary for trade and industry.
Thomas Kwok, meanwhile, cited his fragile mother and his own frailty. The ageing family matriarch, Kwong Siu-hing, would be devastated, Clare Montgomery QC said. "She is … in very poor health. She has suffered a stroke."
The billionaire himself "is likely to struggle … in a prison environment", given his declining health, the lawyer added.
Kwok and Chan have agreed to pay HK$25 million in legal costs between them.
In separate developments, Kwok's eldest brother, Walter Kwok Ping-sheung, issued a second statement in two days, this time attesting to Thomas' "innocence". "I … believe that he had no corrupt motive in making that payment. I hope the court will give him a fair sentence," the statement read.
In his first statement on Sunday, ousted SHKP chairman Walter Kwok ruled out returning to the property empire founded by his late father.
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Mercy calls
Rafael Hui - Donald Tsang, former chief executive: Mr Hui is a person of extraordinarily high intelligence, interpersonal skills and implementation ability … In my view, the leadership and personal efforts of Mr Hui constituted a critical element of the recovery of Hong Kong during this difficult period of our history [after chief executive Tung Chee-hwa quit prematurely in 2005].
Thomas Kwok - Clare Montgomery QC, lawyer: His life to date includes hundreds, or thousands, or possibly tens of thousands of acts of exceptionally good character.
Thomas Chan - Ian Winter QC, lawyer: His crime is significantly lesser than those paying or receiving the money. His age should reduce the sentence.
Francis Kwan - Charles Chan, lawyer: He has been living on borrowing and the sentence itself and the certainty that he will go to jail will have a tremendous impact on his life.
