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The convictions of Vivian Chih Wan-wan and Fung Sai-mui were quashed on appeal by the High Court in October 1996.  
Our report of the appeal decision can be found here: https://www.scmp.com/comment/blogs/article/178459/icac-vendetta-lawyer
The original report on the convictions of Vivian Chin Wan-Wan and Fung Sai-Mui which have now been overturned and quashed by the High Court is found below.
A BARRISTER may lose her right to practise after being convicted yesterday of handing out mooncakes in an attempt to buy votes last year.
Vivian Chih Wan-wan, 34, who lost her bid for re-election in the Ap Lei Chau Estate constituency of the Southern District Board, may face a disciplinary hearing if her appeal against conviction fails.
Chih and her nominee Fung Sai-mui, 59, were convicted of two counts of offering an advantage to elderly residents of the estate and to an unknown person in return for their vote in the poll on September 18, 1994. They had denied the charges.
The pair vowed to appeal.
Bar Association administrator Margaret Lam declined to comment on the case, but said an independent barristers' disciplinary tribunal could be called if the appeal was unsuccessful.
After a 14-day hearing, magistrate Peter White also convicted Chih of failing to declare her election expenses and donations.
He said he was satisfied beyond reasonable doubt that on September 17, the pair had joined in a 'corrupt' distribution of mooncakes, which was intended to induce or influence likely voters.
Mr White said that pamphlets - given out to the elderly residents before the mooncakes were distributed - bearing Chih's photo and candidate number were of 'a clearly political nature, intended to be read by recipients'.
The magistrate said he had considered the women's clear records and the fact Chih was a barrister who must be taken to have understood the implications of any wrongdoing.
He fined Chih $15,000 and Fung $10,000, adding that they might have been provoked by the vigorous campaigns of other candidates.
The criminal records would be 'spent' under the Rehabilitation of Defendants Ordinance, provided they behaved well over the next three years, Mr White told the women.
The court heard the case had been reported to the Independent Commission Against Corruption by Tse Yun-sum, a polling agent for Andrew Cheng Kar-foo, Chih's rival in the constituency.
Mr Tse had been surprised by the distribution of mooncakes to the elderly by six mutual aid committees which supported Chih, the court heard.
Elderly people were seen holding Chih's handbills and Mr Cheng's pamphlets when queuing up for mooncakes.
ICAC investigator Lee Kwok-kwan testified he had heard Fung seeking votes for Chih during the function.
On one occasion, Mr Lee heard Chih ask people to vote for her, the court was told.
Outside court, Chih, who was charged nine months after the incident, criticised the ICAC investigation.
She said there was no evidence to show she had initiated or organised the mooncake distribution.
 
 


High Court has overturned and quashed conviction and fine of barrister for mooncake bribe

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