Legal loophole may let Hong Kong tycoons escape jail in Macau

The two Hong Kong businessmen at the centre of a HK$20 million bribery trial in Macau will not be thrown into jail as long as they stay away from the former Portuguese enclave, legal scholars said ahead of the ruling yesterday.

The "loophole" lies in the absence of an extradition treaty between Hong Kong and Macau that works in favour of Joseph Lau Luen-hung and Steven Lo Kit-sing, according to two academics at the University of Macau's law faculty.

"The sentence cannot be executed" provided they do not enter Macau, associate professor Iau Teng-pio said, but added: "If the two cities sign an agreement in the future, they can still be sent to prison in Macau."

Iau's colleague, Professor Lok Wai-kin, noted that "the two cities have been in talks about an extradition pact for five years, but still it has not been signed yet".

"Lawyers [for Lau and Lo] will most probably ask them not to visit Macau on the day of the sentencing," Lok said. "It is definitely a loophole. Such an agreement needs to be signed as soon as possible."

While the legal flaw exists, it is not mandatory for Hongkongers to appear at criminal trials in Macau and vice versa. Defendants convicted in the other city need not serve their sentences unless they visit that place.