Former Hong Kong civil servant jailed for misconduct applies for bail ahead of appeal
- Wilson Fung is appealing a conviction and sentence relating to his failure to declare property dealings with a businesswoman, who was also his lover
- Judge adjourns the ex-economy official’s bail hearing to next month
A former Hong Kong official serving nine months in jail for misconduct in public office applied for bail on Thursday, arguing his sentence could be completed by the time his appeal was heard.
But Court of Appeal vice-president Wally Yeung Chun-kuen said he could not process Wilson Fung Wing-yip’s application without reading the testimonies of key witnesses who testified at the trial, which centred on property dealings involving his then-girlfriend.
The judge adjourned the hearing to November 8 and ordered the relevant staff to provide the transcripts he needed in two weeks.
Fung gave his wife, head of the Policy Innovation and Coordination Office Betty Fung Ching Suk-yee, a thumbs-up before he left the dock to return to prison.
The court heard Wilson Fung, 56, could be released on February 20 at the earliest. He has lodged appeals against both his conviction and sentence.
But the court has yet to schedule a date for his appeal hearing and his lawyers are concerned that he might complete the jail term before that opportunity to clear his name.
A successful bail application, ahead of the appeal, would prevent Fung from serving further time in prison for a conviction that might later be overturned.
In September, the former deputy secretary for economic development and labour was sentenced to nine months in prison after he was found guilty of misconduct in public office.
Love almost conquers all for city official facing jail over misconduct verdict
The high-profile case centred on an initial deposit of HK$510,000 (US$65,000) Fung accepted from his then-girlfriend, businesswoman Cheyenne Chan Ung-iok, 63, for his purchase of a flat in Mid-Levels, while his public office handled various applications from her companies.
Chan is the sister-in-law of gaming tycoon Stanley Ho Hung-sun.
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. He said he only learned about her business identity through a letter in 2005, although their affair began in 2003.
Helicopter dates and love money: how official and high-flying lover came to trial
The pair were cleared of bribery charges after the District Court found them to be in a loving relationship by September 28, 2004, when the payment was made. The trial judge ruled the sum could simply be part of property dealings between lovers, and unrelated to Fung’s job.
But the judge also found that Fung must have lied about not knowing who Chan was and deliberately decided not to declare it to the government or abstain from her company bids, which amounted to serious misconduct.
