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SCMP Reporter

A BID to have businessman Ch'ng Poh sent back to jail while his appeal continues was rejected by three judges in the Court of Appeal yesterday.

  But Mr Justice Nazareth said no assumptions should be read into the decision.

  The Crown had applied for the Malaysian businessman's bail to be revoked following a decision by the court not to consider Warwick Reid's claims that Ch'ng had been framed.

  The judge said the application was 'entirely understand/able'.

  Ch'ng, 55, was released on bail in February pending appeal.

  He had been serving a five-year jail term for involvement in a $127 million fraud plot which had been imposed in July last year.

  He was convicted of using money belonging to Intercontinental Housing Development Ltd to buy a controlling interest of 77 million shares in the company in August 1985. At the time he was granted bail, his lawyers were hoping they would be allowed to put forward new evidence from disgraced former government lawyer Mr Reid.

  The fact that this course of action had been ruled out by the court meant it was appropriate to reconsider Ch'ng's bail, said Mr Justice Nazareth.

  But the judge added that there was no suggestion Ch'ng, who has roots in Hong Kong, would fail to comply with his bail conditions.

  Mr Justice Nazareth, sitting with Mr Justice Mortimer and Mr Justice Mayo, pointed out that Ch'ng had now spent nine months at large and had not breached his bail terms.

  Before his trial in July last year, Ch'ng had made 30 visits abroad but had always returned to the territory to attend court.

  'In all the circumstances we do not think it would now be appropriate to revoke bail,' said Mr Justice Nazareth.

  Ch'ng is currently on $7.5 million bail with two sureties of $1 million each. He has to report to the Independent Commission Against Corruption once a week and has surrendered his travel documents.

  Mr Reid had been prepared to return to Hong Kong from his native New Zealand to give new evidence to the court.

  In a statement made to lawyers, Mr Reid claimed former Ka Wah Bank boss Low Chang-hian told him he was prepared to commit perjury to have Ch'ng jailed.

  Mr Reid claimed Mr Low confided in him when they were both serving prison sentences in 1993. Mr Low denies the allegations.

  The court heard that Mr Reid's allegations were backed up by another ex-prisoner Alex Chan Yau-ming, who said Mr Low hated Ch'ng and was desperate to see him jailed.

  But the court rejected applications for the evidence of Mr Reid and Mr Chan to be considered in the appeal.

  Reasons for the decision have not yet been given.

  Ch'ng's appeal continues on the grounds that his trial was unfair because important material was not made available to the defence. It is also suggested that the trial judge misdirected the jury.

  The appeal was adjourned until next week.



Businessman beats bid to revoke bail