Love almost conquers all as former Hong Kong official Wilson Fung and businesswoman Cheyenne Chan are cleared of bribery, but misconduct verdict could send Fung to jail for years
- Government figure who made key decisions on air traffic control rights convicted after failing to declare conflict of interest
- Fung was on trial over HK$510,000 property payment alongside businesswoman Chan, who the judge accepted were madly in love
A married former Hong Kong official and the sister-in-law of gaming tycoon Stanley Ho Hung-sun have been cleared of bribery over the initial deposit paid on a flat 15 years ago, after a judge accepted they were madly in love at the time.
But that affair was also the reason Wilson Fung Wing-yip, husband of high-ranking official Betty Fung Ching Suk-yee, was found guilty of misconduct in public office for failing to declare an obvious conflict of interest that arose from the payment.
His defence counsel Joseph Tse Wah-yuen SC said the case was unfortunate because his future and reputation was “completely ruined because of a woman”.
The secret affair between Wilson Fung, 55, and businesswoman Cheyenne Chan Ung-iok, 63, stole the spotlight at their bribery trial as they revealed their 13-year love for the first time in public, while as proof their lawyers presented photographs of them posing arm in arm around the world.
The case centred on Chan’s settling an initial HK$510,000 (US$65,000) deposit on a flat bought by Fung, while he was deputy secretary for economic and labour handling aviation-related applications from her companies, Helicopters Hong Kong, HK Express and Heli Express.
At trial, Fung revealed an agreement with Chan for him to offset the HK$510,000 with profits he helped Chan earn from another property transaction, and said he only learned about her business identity through a letter on May 25, 2005.
On Wednesday, district judge Douglas Yau Tak-hong accepted they had started the affair on December 10, 2003 and were madly in love by the following September. He ruled the HK$510,000 could therefore simply be part of property dealings between lovers, and unrelated to Fung’s job as prosecutors had claimed.
So the judge found Chan not guilty of offering an advantage to a public servant and acquitted Fung of accepting an advantage.
Given the affair, Yau also concluded Fung must have known who Chan was, but did not abstain from her company bids.
As a result, the judge slammed Fung for lying in court, accepting the HK$510,000 out of greed, and for failing to declare an obvious conflict of interest in a misconduct so serious it warranted criminal sanctions.
Fung licked his lips upon his acquittal, while Chan mouthed a “thank you” to her defence lawyers. The pair were then seen turning towards each other, smiling in the dock while Chan’s ex-husband, businessman Domingo Chen, watched from the public gallery.
The District Court also heard from Fung’s wife and 17-year-old daughter Tricia, for the first time in mitigation letters submitted with 35 of his former colleagues, friends and family members, as well as social enterprises and his alma mater, Chinese University.
Among them were Secretary for Commerce and Economic Development Edward Yau Tang-wah, former chairman of the Hong Kong Productivity Council Dr Clement Chen Cheng-jen, and ex-police commissioner Dick Lee Ming-kwai.
These letters depicted Fung, an official for 33 years, as a devoted and loving father committed to serving the Hong Kong community and interest, supporting the youth and caring for the underprivileged.
Former official Wilson Fung accused of misconduct as bribery trial begins
Betty Fung, head of the Policy Innovation and Coordination Office, recounted how her husband had supported and encouraged her through her difficult pregnancy to their only child. She was not seen in court on Wednesday.
“Despite what has been revealed in the court case which has brought great pain to bear on me and my family, Wilson has always put our family especially our daughter as his top priority,” she wrote. “I can say for sure Wilson has already learnt a big and painful lesson, and is looking for opportunities to redeem his wrongdoing.”
Tricia Fung revealed she had been born prematurely with a low birthweight of less than 2lbs, requiring three months in intensive care, and was diagnosed with sleep apnoea, swallowing difficulties and scoliosis.
In her letter she described her father as a kind and caring person who taught her to understand the world, care about the others and that “self-discipline and independence would get [her] far in life”.
Ex-official and co-accused were lovers for 12 years, bribery trial hears
Permanent secretary for food and health Philip Yung Wai-hung said: “A father by her side is important. Your lordship’s leniency is crucial to his daughter’s future.”
Defence counsel Tse said his client was not a greedy person and said the offence was an out of character, isolated incident.
Yau said he needed time to consider the sentence. “At this very moment, I am thinking of immediate imprisonment, and I can be sure that it would exceed a month,” he said.
Fung was remanded in custody and will be sentenced on September 12. Misconduct in public office is punishable by seven years in jail.
