Former Hong Kong chief executive Donald Tsang Yam-kuen calls his conviction in misconduct case "misdirected"

Team SoOLEGAL 25 Apr 2018 9:15pm

Former Hong Kong chief executive Donald Tsang Yam-kuen calls his conviction in misconduct case

Hongkong : While contesting his conviction on charge of misconduct in appeals court,  former Hong Kong leader Donald Tsang’s called the trial court decision as misdirected. He said the juror who had mentioned mental element in the offence, did not explain it to nine fellow jurors.

Tsang’s counsel, Clare Montgomery QC also said that Tsang’s culpability did not justify an immediate custodial sentence, and said the judge had adopted a wrong starting point for the sentence even if jail was necessary, given the strong mitigating factors that included her client’s serious ill health.

73 year old Tsang was sentenced for 20 months imprisonment and was further penalised US$590,000 by the court on the charge of his failure to declare his interest in a three-storey penthouse in mainland China, as well as his ties to the boss of radio broadcaster Wave Media, when he approved three licence applications from the local radio station during his term in office. But he was only found guilty of misconduct and not convicted on bribery charge. After the sentencing; he spent two months in prison after this he was given bail.

The hearing in the Appeals court is on this case.The Tsang's counsel Clare Montgomery QC, argued  that  offence of misconduct in public office required complex and elaborate direction to the jury. She said good direction on “wilful misconduct” involved explaining to the jury that the crime requires the accused intending to secure a personal gain that he did not disclose; his representations being in breach of his duties; and the misconduct being wilful, in that the accused knew his obligations.She said the juror has failed to explain the charge of misconduct. But prosecutor David Perry QC countered that the judge had made clear a deliberate breach of duty was required to prove the and he can focus on his life freely.

Tagged: Hongkong   Former CEO   Conviction   Appeal  
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