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SCMP Reporter

Defence claims confessions broke rules and are inadmissible

The former head of a record company admitted accepting $680,000 to terminate singer Juno Mak Chun-lung's contract early because the ICAC told him to, the District Court heard yesterday.

Cheng Huan, barrister for Chan Sai-ming, also known as Alex Chan Siu-po, argued his client's confessions, made in writing and on video on July 16 last year, were involuntary.

Mr Cheng said the alleged confessions were inadmissible as evidence because they were made under inducement and threats by anti-graft officers.

Chan, 49, has pleaded not guilty to a charge of soliciting an advantage and one of accepting an advantage.

The offences allegedly took place between May 1 and July 3 last year.

When asked by Mr Cheng, Independent Commission Against Corruption chief investigator Eddie Chan Yin-chiu admitted he had breached some rules for law enforcement officers when taking the statement from Chan at his flat in Royal Ascot, Sha Tin, on July 16.

The officer said the breach was not deliberate and that he had properly cautioned  Chan before asking him any questions.

The officer also denied Chan had been told to co-operate and that he would only be required to be a witness.

In the statement, Chan allegedly admitted accepting $680,000  to 'speed up' Juno's contract with the record company because the singer's father - telecoms tycoon Clement Mak Siu-tong - wanted to end the contract as soon as possible.

Mr Cheng earlier told the court the ICAC officers who arrested Chan had told him he was not the target and that they were after  Emperor Group chairman Albert Yeung Sau-shing and Clement Mak, who were among 20 to 30 people arrested in the operation.

Mr Cheng has said Chan was also denied access to lawyers.

At the time, Chan was the president of the Hong Kong branch of the Universal Music Group.

The record company had a three-year contract with Juno and his agent, Mellow Studio. But Clement Mak was dissatisfied with his son's professional development, the court heard.

In May last year, the tycoon decided to set up a company to promote his son and asked a middleman, Jackson To Kit-ho, to discuss the early resolution of his son's contracts with the defendant.

It was said Mr To then approached the defendant, who agreed to terminate the contract and replace it with a distribution agreement.   The case continues on Monday before Judge Derek Pang Wai-cheong.



ICAC duped me into saying I accepted bribe, says music boss