Stephen Chan fails in appeal against conviction for accepting cash behind TVB’s back
Former star’s aide also fails in application, which Court of Appeal rules didn’t contain ‘points of law of general great importance’
Former TVB general manager Stephen Chan Chi-wan and his personal assistant have failed in their bids to launch appeals against convictions for accepting cash for outside work behind their bosses’ backs.
Chan and his former aide Edthancy Tseng Pei-kun were last month convicted of conspiring to accept an advantage following a string of criminal proceedings.
On Tuesday the Court of Appeal ruled that their grounds for appeal at the Court of Final Appeal didn’t contain “points of law of general great importance”.
Their case dated back to 2009, when Chan, as host of the talk show Be My Guest, received HK$112,000 for his appearance at a mall through a company run by Tseng without reporting it to TVB.
READ MORE: Stephen Chan found guilty in Hong Kong bribery case, fined HK$84,000
After receiving the appeal applications in November, the Court of Appeal ruled on Tuesday that not only had they failed to explain why the applications were late, but that the arguments they raised were neither related to law, nor reasonably arguable.
“We are not satisfied that those questions should be certified as points of great and general importance,” wrote Mr Justice Derek Pang Wai-cheong, Madam Justice Maria Yuen Ka-ning and Mr Justice Wally Yeung Chun-kuen.
Chan, 55, and Tseng, 33, can still seek permission to appeal from the Court of Final Appeal. They were convicted of conspiring to accept an advantage from an agent and were fined HK$84,000 and HK$24,000 respectively last month.
The show that got them in trouble was produced and broadcast by TVB and took place at Olympian City in Tai Kok Tsui on New Year’s Eve 2009.
The pair was initially acquitted in 2011 at the District Court, but their case had since been reviewed at the request of prosecutors. They were eventually convicted after the Court of Appeal ruled that the lower court had erred in its ruling.
In his most recent application, Chan questioned how the distinction on whether he had received money in relation to TVB or in his personal capacity should be drawn. He also wanted to clarify how the court should deal with a defence of reasonable excuse.
Tseng had claimed prosecutors needed to prove their case to an extent that an agreement to receive an advantage was without reasonable excuse.
Chan earlier claimed that he received the payment with an implied consent from TVB and that he had received money for other jobs as well. But the Court of Appeal previously ruled that Chan’s job concerned in this case was related to his affiliation with TVB.
Dismissing the application, the Court of Appeal ruled that Chan’s application only concerned facts, while Tseng’s was not reasonably arguable.
Chan became the general manager of TVB in 2004. He was a popular talk show host for the station, hosting prominent figures ranging from former chief executive Donald Tsang Yam-kuen to Olympic gold medallist Lee Lai-shan.
