Court of Final Appeal doubted prosecution's conspiracy allegation

A veteran lawyer well known for taking on the Independent Commission Against Corruption (ICAC) was exonerated in the Court of Final Appeal Monday, when the court quashed his conviction related to the 2004 high-profile Semtech International share manipulation case.

The case began in July of 2004, when Derek Wong, chairman of Semtech, and others were arrested allegedly for manipulating Semtech's share prices. Wong's personal assistant Becky Wong was then given protection for assisting ICAC during the investigation.

Becky Wong's name soon surfaced in local newspapers. Barrister Kevin Egan, solicitor Andrew Lam and Derek Wong's girlfriend Mandy Chui, a director of Semtech, applied to the court for a writ of habeas corpus allegedly on her behalf, claiming that Becky Wong was being held against her will by the ICAC.

On July 24, 2004, squads of ICAC officers raided the offices of the South China Morning Post (SCMP), Oriental Daily News, Sing Tao, the Sun and Apple Daily and the home of a reporter, seeking information as to how the newspapers were able to identify the protected witness. A SCMP reporter who was granted immunity testified in court that Egan gave her enough information to infer Becky Wong's identity, though Egan did not give her Wong's name.

At the end of the District Court trial in 2006, Lam was convicted of charges of perverting the course of public justice. He was sentenced to four years in prison for playing a primary role in "outing" the witness. Chui got two years on the same charge. Egan was sentenced to two and a half years on charges of attempting to disclose information about the identity of a participant in the witness protection program.

All three accused filed appeals. Lam and Chui's convictions were upheld by the Court of Appeal in 2008 and Lam's jail term was increased to six years. Egan's conviction was quashed. Lam and Chui took their cases to the top court.

In the judgment handed down Monday, the Court of Final Appeal expressed doubts over the prosecution's allegation that Lam had masterminded a conspiracy.

Justice Roberto Ribeiro pointed out that Lam had only recently met Derek Wong and Chui at the time of the alleged conspiracy. The judge said there was no evidence that Lam was personally involved in any of the steps taken in relation to Becky Wong in the three days subsequent to his meeting with Derek Wong and Chui. On two of those three days, Lam was engaged in another case in the District Court.

Ribeiro found the prosecution allegation that Lam was throughout "calling the shots from behind the scenes" improbable, raising questions as to why a perfect strangers would take the risk of proposing what was an obviously unlawful scheme on his first consultation with Wong and Chui. The judge also asked why Lam should put himself and his professional career at risk when he was billing his clients only for professional services.

The judges found fault with the prosecution's reasoning that Chui and Egan had filed a habeas corpus on behalf of Becky Wong though they clearly knew Becky Wong was not held against her will.

Becky Wong had called Chui that she was "safe and sound" but her meaning could easily be misunderstood, said judge Verina Bokhary.

As for charges against Egan, Judge Murray Gleeson said the District Court judge failed to give adequate reasons for his decision. Though a new trial can be ordered, it appears unlikely, because six years have elapsed and a new trial would become even more difficult.

Lam, who had spent time in jail after his conviction, said he was happy about the outcome but the legal ordeal had cost him and his family dearly.

"If I didn't have an adamant will and a strong faith, and most importantly, if I didn't have the resources to endure these six years, I would be in jail today," he said.

Lam said he's glad that Hong Kong's judicial system is fair and reasonable. "But on the other hand, I regret that justice can be gained only at this level. This is something we have to remind ourselves within the system."

Lam said he will apply to have his license to practice law reinstated. The license was revoked after the conviction. He said he will stay away from criminal cases from now on.

Lam, a former ICAC investigator, and Egan, a former government prosecutor, had become well known for their court battles against the graft busters.

Egan didn't comment, saying he needs to read the judgment.

Semtech was renamed Sino-Tec International. Derek Wong, the former chairman, remains at large after he fled during a 2008 trial at which he was sentenced to 39 months in prison for bribery.

China Daily

(HK Edition 06/29/2010 page1)