Rafael Hui/Kwok brothers trial: deliberations to begin on Monday

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Rafael Hui/Kwok brothers trial: deliberations to begin on Monday

Deliberations to begin on Monday as city's biggest ever graft trial edges towards a conclusion after more than six months

PUBLISHED : Saturday, 13 December, 2014, 2:41am
UPDATED : Saturday, 13 December, 2014, 2:41am

Stuart Lau [email protected]

Rafael Hui Si-yan (left) is accused of taking HK$28.8 million of cash and inducements from SHKP's Thomas Kwok Ping-kwong (centre) and Raymond Kwok Ping-luen (right). Photos: K.Y. Cheng, Edward Wong

The jury in the city's highest profile graft trial ever will begin its deliberations on Monday after hearing months of evidence on the charges against former chief secretary Rafael Hui Si-yan and the two co-chairmen of Sun Hung Kai Properties.

Mr Justice Andrew Macrae announced the timetable yesterday after spending five days summing up evidence from the marathon trial, which started in May.

Macrae adjourned the High Court trial until 10am on Monday, when he will give final directions to the nine jurors and tell them to take as long as they need to reach verdicts on the charges against the five defendants.

Hui is accused of taking HK$28.8 million of cash and inducements from SHKP's Thomas Kwok Ping-kwong and Raymond Kwok Ping-luen. Some of the cash was allegedly funnelled via SHKP executive director Thomas Chan Kui-yuen and former stock exchange official Francis Kwan Hung-sang.

Hui allegedly acted as SHKP's "eyes and ears" in government between 2005 and 2009, firstly as government No2 and later as a non-official member of the Executive Council.

Macrae asked the jury to consider whether and why Hui and Kwan had lied. He referenced two pieces of evidence.

Firstly, the matter of a 2005 press conference at which Hui said he had earned less than HK$10 million a year from SHKP; Hui told the court that the sum - guaranteed by Thomas Kwok - was in fact HK$15 million.

Secondly, there was a note written by Kwan and seized by investigators in which the sum he passed to Hui was characterised as a "loan". Prosecutors had argued that this was misleading.

Macrae told the jury to consider whether they were sure these amounted to lies. If they were sure, the jurors would have to establish why the lies were told. A lie could be intended to protect third parties rather than indicating guilt, he said.

The fact the alleged offences took place long ago should also be taken into account, he said.

"Witnesses may not remember with crystal clarity due to the passage of time," he said.

Hui, 66, faces eight charges related to bribery and misconduct in public office. Thomas Kwok, 63, faces one charge of conspiracy to offer an advantage to Hui and two counts of conspiracy to commit misconduct in public office. Raymond Kwok, 61, faces four charges, including one with Hui of furnishing false information. Chan, 68, and Kwan, 64, each face two charges.