How exactly did Rafael Hui favour Hong Kong developer SHKP? Barristers ask in court

Appeal lawyers in Hong Kong's highest-profile corruption case continued yesterday to tear into the prosecution's lack of evidence to show what exactly a former number-two official did to favour Sun Hung Kai Properties in return for bribes running into the millions.

The defence focus was sharpened on the second day of a week-long appeal to challenge the convictions of two former top SHKP executives - tycoon Thomas Kwok Ping-kwong and his ex-aide, Thomas Chan Kui-yuen.

Barristers for the pair contended the court, without identifying how Rafael Hui Si-yan had seriously abused his power as chief secretary between 2005 and 2007, was on dangerous ground in convicting their clients based on what the lawyers described as mere ties of friendliness.

READ MORE: Week-long appeal in Rafael Hui bribery scandal gets under way

But one of the three appeal judges differed. Mr Justice Wally Yeung Chun-kuen repeatedly posed the question of why businessmen would pay a high-ranking official other than for the possibility of getting a helping hand when in need, and whether that was not criminal.

The defence lawyers said it was not. "There must be an intention to act or do something before it is capable of amounting to a crime," Ian Winter QC, for former SHKP executive director Chan, told the Court of Appeal.

He claimed the prosecution created a "hybrid" of crime - an accusation of misconduct without specific acts.

Earlier in the day, Clare Montgomery QC, for Kwok, had elaborated on how Hui had disfavoured the former SHKP co-chairman while in office.

During tendering for the West Kowloon Cultural District in October 2005, Hui decided to add extra conditions, including a HK$30 billion fund to support arts development, leading to the failure and subsequent relaunch of the arts hub project, Montgomery said.

She also noted that not all receipts of money necessarily led to a breach of duty as the relationship could be one of private friendship.

READ MORE: Defence lawyers attack ‘potentially incriminating ICAC interrogation’ of Rafael Hui over bribery claims on first day of appeal

Even legislative councillors could receive money, Montgomery said, and as long as they declared it, no offence would have been committed.

Hui, 68, was jailed in December for 71/2 years for accepting a total of HK$20 million worth of bribes and advantages.

Kwok, 64, was jailed for five years over a charge of conspiracy to commit misconduct in public office, for giving Hui HK$8.5 million of that amount.

Chan, 69, was jailed for six years and former stock exchange official Francis Kwan Hung-sang, 65, for five years. All four are appealing, having been locked up since their convictions.

The appeal hearing continues today before Yeung, Mr Justice Michael Lunn and Mr Justice Derek Pang Wai-cheong.