Former RTHK radio producer Chan King-chong was yesterday given approval to appeal against his conviction for making false expenses claims from the public broadcaster when a judge found that the issue of Chan's intent was an arguable one. Mr Justice Wally Yeung Chun-kuen, sitting in the Court of Appeal, granted leave to Chan, who was seeking to quash his conviction for the misuse of Form 9A - the form for paying freelancers - to pay his petty expenses. Mr Justice Yeung said the case merited a detailed examination of whether Chan's intent in making the claims was dishonest. He ruled that it would be suitable to have three appeal court judges decide the case. The 40-year-old was convicted by District Court Judge Joseph Yau Chi-lap on July 10 on 12 fraud charges involving HK$93,900 he claimed in his mother's name for freelance scriptwriting or research that she never performed. He was sentenced to perform 160 hours community service, which he said yesterday he had completed last Saturday. Acting yesterday without a lawyer, Chan criticised the original trial judge's ruling. Citing Chan's submission, Mr Justice Yeung said Chan disputed the allegedly dishonest intent of his conduct, though he admitted he had used the freelance forms to reimburse himself for petty expenses from buying newspapers, refreshments and paying taxi fares. Chan argued that using the forms was a common practice at RTHK at that time and that his conduct was condoned by his supervisors, the judge said. Without naming the supervisors, Mr Justice Yeung asked why they had not been called to testify in Chan's trial. Senior public prosecutor Teresa Kam Yuk said investigators from the Independent Commission Against Corruption had been unable to obtain any statements because none of the supervisors had been willing to give evidence. Mr Justice Yeung said the issue of dishonest intent was a difficult one, noting that Chan had paid for business expenses out of his own pocket and that Form 9A had been used because there was no legitimate way for the broadcaster to reimburse Chan. At the end of yesterday's hearing, Mr Justice Yeung said: 'Although this is a very narrow issue, it is not easy to determine. Given the background of the case, the allegations, Chan's reasons of defence, and the way RTHK handled matters at the time of the offence, I ordered this appeal to be dealt with by three judges.' Speaking outside court yesterday, Chan said RTHK had decided not to renew his contract last October but he had not received his gratuity yet. 'I wish I could go back on the air at RTHK. This is what I want most. But probably not administrative work again - I am terrified by the Form 9A,' he said. RTHK spokeswoman Kirindi Chan Man-kuen confirmed the broadcaster had not paid a gratuity to Chan yet, saying that the matter was still in progress.