HK smuggling case (fwd)

[Robert Weissman <rob@essential.org>]

Judith Mackay forwards the following clips on the outcome of the trial of
the murder of the chief witness for the prosecution in BAT's Jerry Lui
smuggling case: 

South China Morning Post  
Internet Edition  
Wednesday, 4 November 1998, pg 3  
  
Triad 'soldier' gets 27 years for murder plot  
CLIFF BUDDLE  
     
A triad "soldier" with a violent past was jailed for 27
years yesterday for plotting the ritual murder of ICAC
witness Tommy Chui To-yan.

Cheung Wai-ming, 41, was told by the judge: "It is
difficult to think of a more planned, calculated,
cold-blooded approach to the removal of a person who was
to give evidence in a trial in Hong Kong."

The jury which convicted Cheung at the Court of First
Instance had not been told of his criminal record
because this could have prejudiced the trial.

Cheung had been jailed for 12 years in Scotland in 1988
for his part in the brutal triad chopping of a
restaurant owner.

The prosecution alleged he was one of five killers sent
to Singapore in 1995 to ensure Chui never stepped into
the witness box.

Chui, 38, who enjoyed the lifestyle of a wealthy
playboy, was to have been the star witness in an HK$8
billion (US$1 billion) cigarette smuggling and corruption
case.

He was snatched from his Porsche in Singapore and
systematically beaten in a manner thought to reflect the
sixth triad oath about informers, which says "may
thunder from all points annihilate them".

The witness was then suffocated by having tape wound
tightly round his nose and mouth, and a symbolic triad
message was left in the form of weights attached to his
body before it was dumped in the sea.

The body was found by a boat collecting rubbish on April
1, 1995.

Cheung was convicted of conspiring in Hong Kong to
murder Chui and pervert the course of justice.

His co-defendant, Wong Kwong-kai, 30, was cleared of the
charges on the orders of the judge last week.

When sentencing Cheung, Mr Justice Gall said there was
no direct evidence he personally took part in the
"horrific" killing. "You agreed to that being done and
had the intention that it should be carried out," the
judge said.

Kevin Egan, defending, told the judge any sentence in
double figures left prisoners in "a vegetative state".

He said if the prosecution was right, Cheung was the
victim of his environment. He grew up on a large Hong
Kong housing estate where it was impossible to survive
unless you joined a gang.

"From the moment you are born your fate is decided," Mr
Egan told the judge. Cheung was "a loyal soldier" who
had acted on the orders of higher authorities.

"He is quite a gentle man, besides what has been proved
against him," Mr Egan said. 

--------------------------------------------------------South China
Morning Post  
Internet Edition  
Wednesday, 4 November 1998, pg 3  

Conviction 'a boost for law and order'   
CLIFF BUDDLE         

The murder of Tommy Chui was seen as a direct challenge
to the forces of law and order.

His death not only removed crucial evidence from a
major corruption and smuggling trial, it sent out a
chilling message to all potential witnesses that
co-operating with the authorities does not pay.

Tony Godfrey, who spearheaded the hunt for the killers,
believed yesterday's conviction of conspirator Cheung
Wai-ming would boost public confidence.

"It is important, not just for Hong Kong, but for law
enforcement in general," said the ICAC assistant
director, based with the investigations branch.

Fears for Chui's safety had already been expressed in
Hong Kong's courts by the time the man known as "Witness
X" was kidnapped and killed.

He had given the ICAC detailed statements outlining
alleged activities of an $8 billion (US$1 billion)
triad-backed cigarette smuggling racket and was due to give
evidence for the first time.

His murder had a devastating impact on the case. No one
had been convicted of the smuggling he would have
testified about.

The manner of the murder meant it was always going to be
a difficult case to crack.

Two potential witnesses from Singapore ultimately
refused to come to Hong Kong to testify against Cheung
because they were too frightened.

Jurisdiction posed another problem. The murder was in
Singapore, Cheung was arrested on the mainland and the
trial was in Hong Kong.

In order for him to be convicted, the prosecution had to
prove Cheung had plotted the killing here.

Their case was largely circumstantial. Cheung was said
to be a member of the Wo On Lok triad society. Symbolism
surrounding the death showed it was a triad murder.

Cheung travelled to Singapore with other conspirators
and was there at the time of the killing. They all
returned to Hong Kong after the murder and fled to
Thailand when news of Chui's murder broke.

A plan found in a magazine at a Singapore flat where
Cheung stayed was said to represent areas in the car
park where Chui was kidnapped.

Probably the most important evidence came from a
prisoner, Leung Sze-lai, who said Cheung had confessed
to him that he was involved in the killing.

--------------------------------------------------------
South China Morning Post  
Internet Edition  
Wednesday, 4 November 1998, pg 3  

ICAC targets           

The investigation which led to Chui becoming a witness
is one of the most extraordinary in Hong Kong's history.
The leading figures targeted by the ICAC:

Henfrey Tin Sau-kwong: Former Customs officer alleged
during Cheung's trial to have been a senior triad member
who ordered the murder of Chui. But has not been
convicted in relation to the killing. He admitted
plotting to pervert the course of justice by trying to
persuade the witness to withdraw his evidence prior to
his death. Five-and-a-half year sentence increased to
6.5 years by Court of Appeal in May last year.

Jerry Lui Kin-hong: Worked for cigarette firms British
American Tobacco (HK) Ltd and Brown and Williamson.
Jailed for three years and eight months and fined
$500,000 in June for plotting to accept corrupt payments
totalling $33.25 million from cigarette distributors.
Fought extradition battle in US and posed for photograph
with Chris Patten in Philippines while being hunted by
ICAC.

Chong Tsoi-jun: Managing director of cigarette exporters
Giant Island. Leaped to his death from luxury 26th-floor
flat in Robinson Heights, Mid-Levels, in September 1996.
Was on bail facing $60 million tax fraud charges and $30
million corruption charge. Wife claimed ICAC pressure
drove him to his death.

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