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Hong Kong decisions
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Court of First Instance ordered confiscation under OSCO, certifying HK$125,664,254.30 as proceeds of crime and making a HK$63,000,000 confiscation order.
An agreement made in anticipation of taking public office to accept substantial payments in return for being or remaining favourably disposed to private interests is an agreement to commit misconduct in public office because it corruptly compromises the office-holder's duties; the corrupt inclination purchased is a continuing form of misconduct once office is assumed and it is not necessary to identify a specific future act or omission as quid pro quo.
Source excerpt
Court of Appeal reviewed sentences for conspiracy to defraud and offering advantages to an agent arising from the Benefun transaction scheme and increased the custodial terms.
上訴庭處理兩名申請人就串謀詐騙及串謀向代理人提供利益定罪申請上訴許可，並討論陪審團指示與總結是否公平。
法院拒绝就一宗贿赂定罪申请上诉许可，认为有足够独立证据支持共犯规则的适用，且偏颇与“教路”指控不足以构成重大不公。
Court of Appeal adjusted the first applicant’s sentence for fraud and bribery to 2 years, but upheld the second applicant’s 10-month sentence as not manifestly excessive.
The Court of Final Appeal held that business records may be examined for admissibility and that non-hearsay use of documents can support admission under the Evidence Ordinance.
The Court of Appeal refused leave to appeal against convictions for offering an advantage to an agent and false accounting, rejecting claims of judicial bias.
The Court of Appeal reduced concurrent bribery-conspiracy sentences from five years to four years after the appellant later gave substantial, risky assistance to the prosecution.
Application for leave to appeal against sentence dismissed. The Court of Appeal held that 2.5 years for conspiracy to defraud was not manifestly excessive.
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