Hong Kong jury in Rafael Hui graft trial didn't get right advice from judge, defence counsel alleges as appeal ends

The trial judge in the city's most high-profile graft case gave improper advice to the jury that contributed to the convictions of a former No 2 official, a tycoon and two others, defence counsel stressed one last time before their appeal hearing drew to an end days ahead of schedule.

In final arguments to free former Sun Hung Kai Properties co-chairman Thomas Kwok Ping-kwong from jail, Clare Montgomery QC said trial judge Mr Justice Andrew Macrae failed to explain to the jury what a bribe meant during what was supposed to be a corruption trial.

The money Kwok was guilty of offering was certainly not paid because the recipient, former chief secretary Rafael Hui Si-yan, was a "pretty woman", Montgomery said in reference to a remark by appeal judge Mr Justice Wally Yeung Chun-kuen.

It was meant to pay for Hui's previous acts of favour, though Macrae did not advise jurors to take note of that, she said without elaboration. Hui served as an SHKP consultant before becoming the city's No2 official.

"The jury was not directed to consider the correct legal elements" and was also not advised properly on the relevance of evidence, Montgomery argued in the Court of Appeal yesterday.

Ian Winter SC, for former SHKP executive director Thomas Chan Kui-yuen, earlier suggested the prosecution had mixed the standards of proof for a bribery and misconduct charge to create a "hybrid" crime. Winter called it a clear case of "misdirection" with "serious prejudice". He argued there had never been any agreement between the parties and hence none of the conspiracy charges should stand.

Montgomery said lead prosecutor David Perry QC had failed to cite a specific physical act that contributed to the offence.