Rafael Hui prosecutors pursued case that was harder to prove to expose corruption

David Perry says conspiracy for which former chief secretary was jailed ‘bore all the hallmarks of being bribed’

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Former chief secretary Rafael Hui Si-yan arriving at the Court of Final Appeal in Central on Wednesday. Photo: Felix Wong

Published: 7:58pm, 10 May 2017Updated: 12:08am, 11 May 2017

Prosecutors chose to pursue a harder to prove case against a former top government official to expose how it bore “all the hallmarks” of corruption, Hong Kong’s top court heard on Wednesday.

David Perry QC, who successfully prosecuted Rafael Hui Si-yan in 2014, conceded at the Court of Final Appeal that instead of accusing the former chief secretary of receiving millions of dollars in exchange for breaching his public duty, he could have just gone after Hui for not disclosing the sum.

Hui, who was chief secretary between 2005 and 2007, was jailed for 71 /2 years after a jury decided Sun Hung Kai Properties (SHKP) paid him HK$19.8 million to be its “eyes and ears” in government.

Thomas Kwok is out on bail until the appeal is over. Photo: Felix Wong

The city’s former No 2 official is appealing against his conviction for conspiring to commit misconduct in public office. As he was convicted on four other counts, he will remain in prison regardless of the outcome.

Property tycoon Thomas Kwok Ping-kwong, who co-chaired SHKP, was jailed at the same time as Hui, having been found guilty of paying him HK$8.5 million via middlemen just days before Hui assumed office.