Judge needs to further explain grounds for Stephen Chan’s acquittal, appeal court rules
Judgment in bribery case involving Stephen Chan to be examined by Court of Appeal
A judge who acquitted a former TVB general manager and his assistant of graft charges last year has been ordered by the Court of Appeal to explain his verdict.
District Court Judge Poon Siu-tung had acquitted former TVB host Stephen Chan Chi-wan and his then-assistant Edthancy Tseng Pei-kun of bribery in 2011 and stood by his decision when he was asked to reconsider it in March last year.
"The trial judge failed to show supporting evidence before reaching his findings in some points," said barrister Eric Kwok Tung-ming SC, representing the Department of Justice, which had lodged the appeal.
Kwok said Poon, who ruled that TVB knew and had "silently agreed" to Chan receiving payment for his outside work, had relied on "non-existent" evidence to arrive at his judgment.
And in considering whether Chan had "reasonable excuse" to accept payment for his outside work, Poon erred in taking into account that Chan had no dishonest intent and conflict of interest, the barrister said.
Kwok said the judge then "wrongly" concluded that Chan had only failed to report his outside work to TVB but had not deliberately hidden the information from his then employer.
"The judge's verdict was unreasonable," he said.