Criminal case will require stronger evidence than civil

HONG KONG: Feng Shui master Tony Chan, who has been in police custody since he was arrested on suspicion of forgery, will probably be released no later than this afternoon, 48 hours after arrested, if he is not charged.

Deputy Commissioner of Police Yam Tat-wing said yesterday that the investigation of Chan is involving a lot of work and is expected to take some time.

He refused to reveal the direction of the investigation, and whether the police will apply to the court to access the 2006 will owned by Chan, that was ruled "a high-quality simulation" by the High Court on Tuesday.

The police have taken Chan to multiple locations to collect evidence, including the office of RCG holdings at Cyberport, in which Chan owns a 23.22 percent stake, after arresting him and escorting him from his house at the Peak at around 6:45 pm on Wednesday.

The police also searched and collected some documents at the homes of two top officers of RCG, namely, the Chairman and CEO Raymond Chu Wai-man, and the Deputy Chairman and Chief Operating Officer Anita Chau Pak-kun. The company confirmed the police visits in a statement issued yesterday morning.

With the police acting quickly in the investigation, the arrest came just a day after the High Court ruled against Chan's claim to Nina Wang's HK$100 billion estate. Police officers spent about three hours investigating Chan's house at the Peak on Wednesday and seized a number of exhibits, including documents and computers.

Law experts have noted that since the standards of evidence in a criminal case are higher than in a civil case, the evidence and case must be stronger.

"A civil case need only be proved on a balance of probabilities whereas a criminal case must be proved beyond reasonable doubt," said lawyer Patrick Hamlin.

Legislator and barrister Alan Leong believes Hong Kong police will re-examine the 2006 will to ascertain whether it will meet the criminal standard for being a forgery.

But proving the will was forged is only half the task. To indict Chan, Leong pointed out that the prosecutor would also need to prove Chan was aware of it.

It's therefore essential to collect circumstantial evidence through what was seized at Chan's home. Forensic scientists, for example, can establish a link between what was found in Chan's premises and the 2006 will through examining the inks and paper fibers microscopically, Leong said.

Whether Chan will be charged is still uncertain, even if the police have already collected enough evidence, he added.

There is a chance that the Department of Justice may delay bringing any charges until all appeals are finished, as Chan has vowed to appeal, taking Nina Wang's experiences in her estate battle with her father-in-law Wang Din-shin as a precedent, Leong suggested.

Wang was arrested after the High Court ruled the will she presented was not valid in 2002, but not charged with forgery until two years later when her appeal failed in 2004. The charges were dropped in 2005 after the Court of Final Appeal ruled in her favor.

"It is possible that the Department of Justice will follow this precedent," said Hamlin.

Nevertheless, "there is nothing to stop them from pressing on with a criminal trial against Tony Chan now, if they feel they have the evidence," he added.

(HK Edition 02/05/2010 page1)