Former Hong Kong leader Donald Tsang argues in final appeal that he landed a misconduct conviction through his misjudgment not wrongdoing
- His lawyer argues trial judge failed to tell jurors that to convict Tsang they had to be certain he knew non-disclosure of property deal was unlawful
The 74-year-old former chief executive, sporting his signature bow tie, walked hand in hand with his wife Selina Tsang Pou Siu-mei into the Court of Final Appeal, in his first public appearance since his release after completing a 12-month jail term in January.
The city’s leader from 2005 to 2012 was found guilty of misconduct in public office in 2017 over an undeclared deal with businessman Bill Wong Cho-bau concerning a luxury penthouse in Shenzhen, which prosecutors said placed him in a conflict of interest.
But on Tuesday, Tsang’s barrister Clare Montgomery QC argued that her client’s conviction might have arisen from the trial judge’s failure to properly direct the jury. She said Mr Justice Andrew Chan Hing-wai had failed to tell jurors that to convict Tsang they had to be certain he knew non-disclosure was unlawful.
“That is the only bit of the offence that reflects moral wrongdoing,” she said.