HKSAR v. YIM TUNG HOI AND OTHERS

DCCC1047/2009

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 1047 OF 2009

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HKSAR
v.
Yim Tung-hoi (D1)
Li Wan-fong Vincent (D2)
Lau Kam-ying (D3)
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Before: H H Judge Geiser

Date: 1 November 2010 at 11.23 am

Present: Mr Graeme Mackay, Counsel on Fiat, for HKSAR
Mr Paul Tse and Mr Alan Lee, instructed by Messrs Tam, Pun & Yipp, for the 1st defendant
Mr Keith Oderberg and Mr Alan Lee, instructed by Messrs Louis K Y Pau & Co., for the 2nd defendant
Mr Nelson Lam instructed by Messrs Tsangs, for the 3rd defendant

Offence: Conspiracy to defraud (串謀詐騙)

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Reasons for Sentence

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1. You three defendants stand convicted of an offence of conspiracy to defraud, the particulars of which appear in the indictment.

2. You entered into a conspiratorial agreement whereby China Group Global Limited would be entitled to claim compensation from theHong Kong Government for the resumption of land in the New Territories through the creation of false assignments and statutory declarationsmade by the Dings in favour of China Group Global.

3. You three defendants knew very well that the properties belonged to HIL, a company in which, prior to it being wound-up, you, D1,and you, D2, each owned 12½ per cent. You were all further aware that the Dings could never have sold the beneficial ownershipof these properties to CGG. Through this illicit scheme you stood to gain over $3.3 million from the government by way of compensation,when you knew that you were not entitled to it.

4. It gives me no pleasure to sentence you three defendants today. You are all men of good character and have worked hard all of yourlife to support your families. By committing this offence you have brought shame upon yourselves and your families, many of whomhave turned up today in court to support you. I have also been touched by the letters of support that have been handed in on yourrespective behalf.

5. Regarding sentence of D1 and D2, first of all, I find there to be nothing to distinguish between the two of you in terms of sentence. Your criminality is the same. In sentencing you, I take into account all that has been said on your behalf this morning.

6. You will each be sentenced to a term of 3 years’ imprisonment.

7. As far as you, D3, are concerned, you are clearly in a different position to that of D1 and D2. Without you and your knowledgeof the law this scheme could never have got off the ground. You abused your position as a solicitor in an attempt to bring aboutthe payment of compensation to CGG. In attempting to bring this about, you breached the professional code of conduct and rules ofthe Law Society in more ways than one; something that I referred to in my reasons for verdict.

8. You have disgraced the noble profession that you represent and this I find to be very much an aggravating feature as far as youare concerned. You will go to prison for 4 years.

H H Judge Geiser
District Judge

Please refer to CACC422/2010 for the relevant appeal(s) to the Court of Appeal.