Assistant to join former TVB manager Stephen Chan in final appeal
They will attempt to overturn conviction for accepting money and not telling broadcaster
Edthancy Tseng Pei-kun, a co-defendant in the trial of former TVB general manager Stephen Chan Chi-wan, will join him to appeal against a conviction for accepting money behind their company’s back in 2009.
The Court of Final Appeal yesterday gave Tseng the go-ahead to mount his final legal challenge three months after Chan was permitted an appeal.
In 2009, Chan took his TVB talk show Be My Guest to Olympic City in Tai Kok Tsui where – through Tseng who was then his personal assistant – he received a payment of HK$112,000 without reporting it to the station.
The two men were initially acquitted of any wrongdoing in 2011 by the District Court, but their case was reviewed at the request of prosecutors.
They were convicted in December of last year of conspiracy to accept an advantage after the Court of Appeal found that the District Court had erred in its ruling. Chan and Tseng were fined HK$84,000 and HK$28,000 respectively for their involvement in accepting the payment.
After the conviction, Chan, 57, and now a radio talk show host, lodged an appeal at the Court of Final Appeal on the grounds that “substantial and grave injustice” had been done to him.
Granting permission on June 29, the top court said Chan’s appeal would focus on the intent required for one to be convicted of the charge – or mens rea – and explore any “reasonable excuses” available for the former TVB talk show host to use as a defence.
Similar to Chan’s appeal, Tseng, 33, will argue that substantial and grave injustice had been done to him. The duo’s appeal is scheduled to be heard on February 21 next year.