Pair cleared of conspiring to bribe notorious official

Two former directors of a Swire Pacific subsidiary yesterday had their conviction for conspiring to bribe Macau's disgraced former public works chief quashed by the Court of Appeal on the grounds the bribes were to be paid outside Hong Kong.

Lionel Krieger, 64, and James Tam Ping-cheong, 58, were convicted in February last year of teaming up with Macau businessman Frederico Nolasco da Silva to offer about HK$29 million in bribes to Ao Man-long in return for three contracts with the Macau government.

They were jailed for three years and three months each, despite the judge in the earlier trial describing them as victims of "one of the most corrupt officials in the world". They had been granted bail pending the appeal.

The appeal court found yesterday that while the trio had agreed to Ao's demand for payment at a meeting in Hong Kong, the bribe would have been paid outside the city. Under such circumstances, Mr Justice Frank Stock, Mr Justice Wally Yeung Chun-kuen and Mr Justice Derek Pang Wai-cheong ruled, they were not guilty of a "conspiracy" under Hong Kong law.

"That agreement was concluded in Hong Kong does not render the conspiracy indictable in Hong Kong; what matters is what was contemplated to be done, most specifically where the contemplated primary offence was to take place," Stock wrote in the judgment.

A similar argument was put forward by the defence at the District Court trial, but was rejected by Judge Stephen Geiser.