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Sara Bradford

Canto-pop star Nicholas Tse abused his position as a celebrity by switching drivers following a crash in his Ferrari and did not deserve to escape a jail sentence because of his youth, the Department of Justice told a review of sentence hearing yesterday.

In pushing for Magistrate Allan Wyeth to substitute Tse's community service order for one of imprisonment, Senior Assistant Director of Public Prosecutions Bernard Ryan said the charge on which Tse was convicted was serious and almost inevitably attracted an immediate custodial sentence.

Tse, 22, was convicted of conspiring to pervert the course of justice after allowing a former record company driver to claim he was behind the wheel of his Ferrari when it crashed in Cotton Tree Drive in March.

Tse was in court for half of yesterday's proceedings.

The application for a review of sentence followed widespread criticism from lawyers, educationists, social workers and lawmakers last month over the magistrate's decision to hand down a 240-hour community service order for Tse.

His co-accused, policeman Lau Chi-wai, 28, was jailed for six months.

Tse's sentence prompted Secretary for Justice Elsie Leung Oi-sie to apply for a review on the grounds that it was 'manifestly inadequate' and 'wrong in principle'. A review of Lau's sentence is also being sought on the same grounds.

Mr Ryan said yesterday that for a community service order to be given, Tse had to fulfil certain criteria, such as demonstrating genuine remorse.

'Genuine remorse is meaningless without acceptance of full responsibility,' Mr Ryan said. He said a probation officer's report stated Tse regretted the whole incident but did not show remorse towards the actual offence.

Mr Ryan also said Mr Wyeth was wrong to differentiate Tse's position from his co-accused on the basis of his 'youth'.

'A man of 22 is an adult,' he said. 'Leading counsel [for Tse] had throughout the trial tried to portray [Tse] as being a successful and talented singer, movie star and a loving and caring son who is actively involved in charitable events in society. Accordingly, we submit that [Tse] ought to be treated as a mature adult.'

Mr Ryan added that as Lau abused his position as a police officer, Tse had abused his position as a celebrity.

During the hearing a slew of celebrities, including movie star Jackie Chan, gave character references praising Tse as hardworking, charitable and talented.

Tse's defence counsel, Cheng Huan, SC, said although he did not dispute the 'almost inevitable' jail term the crime attracted, each case had to be viewed in its individual circumstances.

He scoffed at suggestions that Tse's celebrity status afforded him a different level of criminality.

In reference to Lau's review of his six-month term, Mr Ryan said the sentence did not reflect the 'highest standards' of integrity expected of a police officer.

But Lau's barrister, Newman Wong, argued that his client gained nothing from the incident, which had cost him his clear record, job entitlements and caused financial hardship.

Mr Wyeth will give a decision on November 18.



Tse deserves prison despite his status, prosecutor says