Donald Tsang Loses Appeal

Donald Tsang was rushed to hospital after he lost his appeal in court

Disgraced former chief executive Donald Tsang Yam-kuen did it again -- he came into court to hear the verdict of his appeal, and came out claiming illness and was carried out in a stretcher.

Today his appeal to turn over a conviction for misconduct while in public office was rejected. It was for not declaring his interest in a three-storey penthouse flat in Shenzhen that he was leasing from a company owned by Chinese businessman Bill Wong Cho-bau.

Businessman Bill Wong Cho-bau let Tsang a flat in Shenzhen

Wong was also majority shareholder of radio station Wave Media, that was applying for a  broadcasting license of which Tsang was in charge of approving these license applications.

Three Court of Appeal judges unanimously ruled the evidence was "formidable as it was compelling", that the 73-year-old Tsang had concealed this conflict of interest from the public while he was chief executive from 2005-2012.

However, his original sentence of 20 months in jail was reduced to 12 months, while his fine of HK$3 million to cover prosecution costs was dropped to only HK$1 million.

Apparently the court took into consideration the impact of paying the full amount would have had on Tsang, as he was "not a wealthy businessman but a retired civil servant", who would depend solely on his savings and pension in his remaining years.

Tsang was to live in the penthouse flat

Can we remind readers that the salary of the chief executive of Hong Kong is over HK$300,000 a month -- which is more than what then US President Barack Obama was paid at HK$260,000, while Chinese President Xi Jinping makes HK$14,000.

And being a career civil servant for 40 years, surely Tsang has a decent chunk of change in the bank -- he certainly made much more than the average person in Hong Kong -- or perhaps he is completely unaware of how us plebeians live.

How long will he be at Queen Mary Hospital in Pokfulam, and will that count for jail time as well?

Meanwhile, outside the court his wife Selina Tsang Pou Siu-mei said, "Today I feel disappointed, and my heart aches."

Tsang looked fine when he arrived at court this morning

Will this be the last we hear of Tsang, the son of a police officer? Probably not...

Tsang Saga Isn't Over Yet

Kwok Cheuk-kin has filed a judicial review on Bill Wong and David Li

Former Hong Kong leader Donald Tsang Kam-yuen is now in Stanley Prison with his cohort Rafael Hui Si-yan. Perhaps Hui is giving Tsang some orientation and tips on how to survive prison life.

Tonight some friends told me Tsang was known to be stingy. Was he so miserly that he didn't want to pay for the renovations on his Shenzhen flat? Or was he greedy? The man was well paid as chief executive of Hong Kong AND has a pension of HK$80,000 a month.

Secretary for Justice Rimsky Yuen is named in the application

If your housing is already taken care of, surely that pension would be more than enough to spend... it's definitely more than most people's salaries in Hong Kong...

In any event, the saga over the trial is still not over.

A former civil servant who has a penchant for filing legal challenges against the government on behalf of the little guy has done so again today.

Kwok Cheuk-kin has filed a judicial review application, questioning why Wave Media's Bill Wong Cho-bau and BEA bank's David Li Kwok-po were let off lightly. Kwok accuses the Independent Commission Against Corruption and the Department of Justice of maladministration, as they failed to do justice to all relevant parties.

As well as ICAC chief Simon Peh for maladministration

In the application naming Secretary for Justice Rimsky Yuen Kwok-keung and ICAC chief Simon Peh Yun-lu the respondents, Kwok claims the commission and department should take action against Wong and Li, citing equality before the law according to the Basic Law.

We heard during the trial that Li evaded ICAC investigators for years and then gave up, believing he would not cooperate. As for Wong, why wasn't he called to testify?

Will the judicial review go ahead? In the benefit of public interest, it should.

Donald Tsang Found Guilty

Donald Tsang emerges from the courthouse with his family

Today Hong Kong has reached another new low -- its former chief executive Donald Tsang Yam-kuen has been found guilty of misconduct in public office.

It was the charge of discussing Wave Media's broadcast license but failed to disclose it was a conflict of interest because he was also negotiating a Shenzhen penthouse with one of Wave Media's shareholders, Bill Wong Cho-bau.

Designer Barrie Ho was involved in renovating the flat

However, Tsang, 72, was not found guilty of public office in the charge in Tsang's failure to disclose his relationship with designer Barrie Ho Chow-lai when he nominated him for a civic award. Ho was involved in the HK$3.5 million renovation of the Shenzhen flat.

The defense had said it was not necessary for Tsang to declare the connection, because if he did, it would put pressure on others to approve Ho's nomination.

On the third charge of Tsang receiving free renovation work worth HK$3.5 million on the Shenzhen flat in exchange for approving Wave Media's application, jurors could not agree.

Some of them may have agreed with the defense that the state of the flat was uninhabitable so the renovations would have been done anyway, and in any event Tsang would only live there temporarily.

What about the HK$350K the Tsangs received from David Li?

It's surprising the jurors could not come to an agreement on the third charge listed here -- what about the HK$350,000 that was taken out of BEA chairman David Li Kwok-po and Wave Media shareholder's bank account and then half an hour later Tsang's wife Selina deposited the same amount into her bank account in the same financial institution?

In any event, Tsang will be sentenced on Monday, the maximum sentence could be seven years and a fine.

Finally some closure on this long drawn out trial, not the actual trial itself, but how long it took from him being charged to going to trial.

Prosecutors said he was a two-faced liar, who colluded with wealthy businessmen for personal gain, while the defense said Tsang would never want to sully his 45-year career in the civil service by accepting a bribe.

But it looks like on one count at least the jury believed the prosecution, and Tsang will have to pay for that.

Are there more corrupt government officials we need to know about? It just shows the government's checks and balances aren't enough to keep its officials on the straight and narrow, and that the media needs to do more to make them accountable.

Donald Tsang Trial Finally Starts

Donald Tsang arrives at High Court this morning with his wife Selina

We are finally here -- the start of former Hong Kong Chief Executive Donald Tsang Yam-kuen's trial for corruption charges.

For the occasion he wore a suit and his signature bow tie with his wife Selina Tsang Pou Siu-mei by his side and they arrived at the High Court in Admiralty at 8.15am, over an hour before his trial was supposed to start.

In court, Tsang pleaded not guilty in a firm voice in Cantonese to each of the three charges he faces related to a three-storey rental penthouse in Shenzhen.

Tsang allegedly had dealings with Bill Wong (above)

Two of the charges are for misconduct of public office and one of a chief executive accepting an advantage, which allegedly occurred during 2010 and 2012. Each charge carries a maximum sentence of seven years in jail.

The 72-year-old Tsang is the highest ranking official to ever face a criminal trial in Hong Kong's history.

In the first charge, Tsang is alleged as chief executive and head of the Executive Council, to engage in wilful misconduct by failing to disclose and conceal his dealings with businessman Bill Wong Cho-bau regarding the penthouse. Wong was a major shareholder of radio station Wave Media, which was later renamed Digital Broadcasting Corp, or DBC.

Tsang allegedly "approved in principle and formally granted" applications by Wong's company for a digital broadcasting license, the surrender of its AM radio license and the appointment of Professor Arthur Li Kwok-cheung as DBC director and board chairman without disclosing his dealings with Wong to Exco.

The second charge alleges Tsang recommended interior designer Barrie Ho Chow-lai for nomination under the city's honours and awards system between December 2010 and July 2011.

Tsang allegedly nominated Barrie Ho for a medal of honour

Under the Prevention of Bribery Ordinance, the corruption charge accuses Tsang of accepting an advantage -- namely the refurbishment and redecoration of the penthouse -- as an inducement or reward to perform an act as chief executive.

A jury of nine will decide Tsang's fate in this trial that is expected to last 20 days.