Officials behaving badly: ICAC charges former senior public servant, while court rejects Donald Tsang appeal

Two major misconduct in public offices cases hit the headlines today.

Firstly, Hong Kong’s anti-graft body today charged a former deputy secretary for economic development and labor, Wilson Fung, for taking a HK$510,000 (US$65,000) bribe in the form of a property downpayment.

The Independent Commission Against Corruption (ICAC) also charged the person alleged to have given the illicit payoff, Chan Ung-iok, 62, a former director of aviation companies.

In a separate and unrelated but equally high-profile case, judges shot down an appeal by former chief executive Donald Tsang against his conviction and sentence for misconduct in public office.

But, back to the fresh ICAC charges, detailed in a statement uploaded to their website.

Fung, 55, faces two charges, accepting an advantage and one of misconduct in public office.

Chan faces one: offering an advantage to a public servant.

It’s alleged the Fung — who at the time in question was head of the aviation division of the economic development and labour bureau, the body responsible air service negotiations, designation of carriers and allocation of air traffic rights — took payments from Chan.

Specifically, on September 28, 2004, Fung received a sum of HK$510,000 as a reward for “being or remaining favourably disposed to her and/or the three companies” controlled by, or linked to, Chan.

Chan was then director-cum-shareholder of Helicopters Hong Kong Limited, Hong Kong Express Airways Limited and Heli Express Limited.

Another charge alleges that on or about the same day, Chan offered the sum of HK$510,000 to Fung for the same purpose.

The remaining charge relates to alleged misconduct in office by Fund between September 28, 2004 and July 9, 2006.

He wilfully committed misconduct by accepting the sum of HK$510,000 from Chan, a payment used as the initial deposit money for the purchase of a property in Robinson Road, Hong Kong, it’s alleged.

He also failed to declare or disclose accepting the sum, failed to disclose his conflict of interest in, and abstain from decisions about, various applications Chan’s companies.

The defendants have been released on ICAC bail, pending their court appearance next Tuesday.

Now to Tsang, who was jailed last year  after being found guilty of failing to disclose his plans to lease a luxury flat from a major investor in a broadcaster, which was later granted a license from the government while he was leader.

The Court of Appeal, in a verdict published today, rejected his second bid to appeal his conviction and jail term, though did reduce his 20-month sentence to 12 months.

According to the SCMP,  Tsang’s legal team has also moved to contest his case at the Court of Final Appeal.




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