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Cliff Buddle

Newly elected legislator Chim Pui-chung may have been 'pig-headed, reckless or irresponsible' when carrying out the land deal that led to his arrest, but his actions were not criminal, a jury was told yesterday.

 John Griffiths, one of two senior counsel defending Chim on fraud allegations, accused the prosecution of 'working in a fairyland'.

 He said there was no direct evidence of dishonesty or corruption and a statement made by Chim after his arrest was consistent with innocence.

 Chim, 50, is accused of plotting to defraud the minority shareholders of Mandarin Resources Corp and Lucky Man Properties over the sale of prime residential blocks in Repulse Bay in 1992.

 He has pleaded not guilty to three charges of conspiracy to defraud, two of conspiracy to forge and one of offering a secret $5 million commission.

 Mr Griffiths introduced the defence case 89 days into the trial. Chim is expected to give evidence today.

 'You will have to judge Mr Chim and make up your mind what sort of a man you believe him to be,' he said.

 It would be an understatement to describe the legislator as outspoken, said Mr Griffiths.

 He urged the jury not to be swayed by anything Chim may have said in the Legislative Council or in the press.

 Mr Griffiths said things may be done recklessly, because someone is pig-headed, or stupid or misunderstands the position.

 'None of these states of mind are good enough to constitute an intention to commit a crime to defraud.

 'You will have to think to yourselves whether what he did he may have done in a pig-headed way, reckless perhaps, irresponsible perhaps. But not criminal,' Mr Griffiths said.

 Chim came to Hong Kong when young and was described as a rich man who served the public in Legco and suffered 'political problems' when he clashed with former Governor Chris Patten over the pace of democratic reform at the end of British rule.

 Mr Griffiths revealed that Chim had a single conviction for being drunk and disorderly 18 years ago.

 He had forgotten the way home and argued with a taxi driver.

 Chim is alleged to have been driven by personal greed to deceive shareholders and the Securities and Futures Commission in relation to the purchase of buildings in Fairmount Terrace, Repulse Bay.

 Chim's business manager, Nelson Chan Kai-fung, 29, denies conspiring with Chim in relation to the allegations of forgery and fraud.

 The Court of First Instance trial before Mr Justice Pang Kin-kee continues today.



Irresponsible behaviour not a crime, Chim defence claims