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THE trial of Emperor tycoon Albert Yeung Sau-shing came to an abrupt end yesterday after all five prosecution witnesses said they could not remember details of the alleged offences.

Ruling that Yeung, 50, had no case to answer, magistrate Paul Kelly said he 'cannot be sure justice has been done'.

Yeung was accused of keeping former employee Michael Lam Yih-jiun prisoner for several hours at a hotel and in his former office after threatening to break his leg.

The Emperor Group chairman was charged with criminal intimidation and false imprisonment in December last year.

After his arrest, he allegedly tried to persuade Mr Lam not to give evidence against him. He faces a second trial in September for perverting the course of justice. He denies the allegation.

The current hearing started on Monday, but by Wednesday three witnesses, including Mr Lam, had been declared hostile. Yesterday the remaining two also failed to answer questions.

Prosecutor Alan Lucas told Western Court that on December 9 last year, Mr Lam clashed with former colleague Eddie Shum over unpaid salary and bonuses. Mr Lam was former branch president of Emperor International Exchange.

After the row, the businessman was told to meet Yeung at the Mandarin Hotel that night. There the tycoon allegedly threatened to break his leg.

The court heard Mr Lam was then kept at his former Central office in Chater Road until the early hours of the next day.

But when the key witness was called he said he had a heart condition, was too frightened to give evidence and could not remember details of the alleged incident. The other four witnesses, all former Emperor employees, also claimed they were suffering from loss of memory.

Yesterday Paul Ching Wai-man, 35, who was said to have accompanied Mr Lam to the hotel and then to the office, repeatedly said he could not remember details of the meetings.

But the court had been told that in a police statement made on December 11 he had told officers in detail how Yeung threatened to break Mr Lam's leg at the hotel.

The tycoon had allegedly stormed: 'You are a bloody guy. You will lose your left leg.' According to the statement, Mr Ching said Yeung used foul language and warned Mr Lam not to treat him as 'a sick cat' - a Cantonese expression meaning 'don't play tricks on me'.

He claimed Yeung told Mr Lam he must explain the row and warned him: 'If you do not give an explanation, you won't leave the hotel nor survive tomorrow.' The tycoon was then said to have told Mr Lam to let him escort him to the office or he would be beaten up outside.

He allegedly warned him: 'Let me put my arm around your shoulder on the way to the office; otherwise my guys outside will put you in real trouble.' But yesterday Mr Ching said he could not say whether his statement was true because he could not remember the incident.

On Wednesday, he told the court his memory had deteriorated after he had two operations on his leg under general anaesthetic.

Mr Ching, Mr Lam and a third witness Ben Wong Yok-pun, 41, were all declared hostile witnesses.

According to Mr Wong's police statement, he heard Yeung ask Mr Lam to kneel down in the office and serve tea to Mr Shum to apologise. There had also been a threat to find the most junior member of staff to slap Mr Lam twice to further humiliate him.

Yeung's counsel, Charles Ching QC, submitted no case to answer after the two last witnesses for the Crown said they had forgotten details of the event.

Jacky Wong Wai-wah, 27, and Vincent Wai Pui-cheong, 28, had worked as forex dealers at Emperor before they joined Tse Gold Dealing Investment late last year.

They were also said to have been in the office when Yeung allegedly bullied Mr Lam.

Counsel Mr Ching argued the Crown did not have evidence against Yeung as most of the witnesses did not remember the incident even after reading their statements.

After the case Yeung kissed his wife and shook hands with his lawyers.

Also in the public gallery was former Cantonese movie star Patrick Tse Yin, who claimed to be an old friend.

But Yeung's smiling face screwed up when he saw the scrum of reporters and photographers outside court.

He escaped by sneaking into his Rolls-Royce bearing the lucky number plate 27, which was waiting in a no-parking zone outside court.

Three policemen on patrol watched as journalists chased after Yeung, but did not warn the tycoon for violating parking regulations.

Mr Lam was warned on Monday he could be charged with contempt and is due to return to court on June 5 to answer questions from the Crown.

Police are also considering whether to charge the hostile witnesses.

Mr Lam was given police protection for two days after the alleged incident and for the trial's first two days.



Tycoon Yeung acquitted