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Hong Kong police jailed over attack on democracy protester
By Aaron TAM
Hong Kong (AFP) Feb 17, 2017


Ex-Hong Kong leader guilty of misconduct in graft trial
Hong Kong (AFP) Feb 17, 2017 - Former Hong Kong leader Donald Tsang was Friday found guilty of misconduct during his time at the helm of the city in a high-profile corruption trial, but escaped conviction for bribery.

Tsang, 72, held the leadership post of chief executive for seven years from 2005 and is the most senior city official ever to be convicted in a criminal trial.

The case comes at a time when residents are losing faith in Hong Kong's leaders, as a string of prominent corruption cases fuel public suspicions over links between authorities and business figures.

Tsang was found guilty of failing to disclose his plans to lease a luxury flat from a major investor in a broadcaster, which was later granted a licence from the government while he was leader.

However, he escaped a bribery charge over allegations he had taken the redecoration and refurbishment of the apartment as a kickback, after the jury failed to reach a decision on that count.

Tsang was also acquitted on another misconduct charge which alleged he had failed to declare that an architect he proposed for a government award had been employed as an interior designer on the flat.

Wearing a dark-red bow tie, Tsang remained solemn as the verdict was delivered to a packed courtroom and was visibly upset as he left the building holding his wife's hand.

His bail was extended until Monday, when he will be sentenced.

Tsang had previously said that he had "every confidence" he would be exonerated.

But prosecutors characterised his conduct as an abuse of power to further his own personal interests.

- Systemic problem -

One pro-democracy lawmaker, who is a former investigator for the city's anti-graft agency, said the case illustrated the problems in Hong Kong's political system.

The city's leader is chosen by a 1,200-strong committee made up of representatives of special interest groups, including business figures.

"The political system of Hong Kong sides with the vested interest groups," Lam Cheuk-ting told reporters outside the High Court.

"All of the chief executives have to maintain a very close connection with those groups," he said.

Lam said Tsang's conviction after 40 years of public service sent a clear message that no one was above the law.

The jury of eight women and one man took two days to arrive at their decision.

In 2012 Tsang apologised in connection with separate allegations that he accepted inappropriate gifts from business friends in the form of trips on luxury yachts and private jets.

His former deputy Rafael Hui was jailed for seven-and-a-half years in 2014 after being found guilty of taking bribes from Hong Kong property tycoon Thomas Kwok.

Hong Kong's unpopular current leader Leung Chun-ying also faces allegations of corruption over receiving a reported payment of HK$50 million ($6.5 million) from Australian engineering firm UGL before he took office.

Leung will step down as chief executive in July -- his successor will be chosen by a pro-Beijing committee representing special interest groups in March.

Seven Hong Kong police officers were jailed for two years Friday for what the judge described as a "vicious" attack on a protester during pro-democracy rallies in 2014, captured on film and beamed around the world.

All seven were convicted earlier this week of assault causing actual bodily harm to Civic Party activist Ken Tsang, but were acquitted of a more serious charge of grievous bodily harm with intent.

Video footage of the attack, filmed by a local network near the city's government headquarters, shocked residents and dented their faith in the usually trusted police force.

It showed a group of men hauling a handcuffed Tsang to a dark corner in a public park, where he was beaten.

One man stood over him inflicting blows while others were seen repeatedly kicking him.

It was "a vicious assault", said judge David Dufton as he handed down sentencing at the city's district court, adding that police officers who break the law "have to be made an example of".

The maximum sentence for the lesser assault charges was three years.

"The multiplicity of the injuries and the damage to Hong Kong's reputation... make this a very serious case," said Dufton, noting the incident had made international headlines.

Police have been criticised for their sometimes heavy-handed treatment of protesters during the 79 days of rallies and street blockades, known as the Umbrella Movement, that brought parts of the city to a standstill.

The demonstrators were seeking fully free elections for semi-autonomous Hong Kong's future leaders.

The rallies were sparked after Beijing said the public could choose the next chief executive, but only after candidates had been vetted.

There are increasing concerns in Hong Kong that Chinese authorities are tightening their grip on the city.

Social worker Tsang, who was not in court Friday, said the sentencing proved that ordinary people can "fight back" against police violence.

"I hope the government and the police will do something, think about what they have done, and say sorry to Hong Kong citizens," he told AFP.

- 'Human frailty' -

The court found that one officer had stamped on Tsang and hit him with a baton.

Four other officers kicked him while two other officers did not participate but watched.

One of the officers who kicked Tsang was also found guilty of common assault for slapping him in the face twice after he was taken to a police station.

Dufton said that Tsang, now 41, was "most fortunate" not to have received more serious injuries from the attack.

Pro-democracy campaigners gathered outside the court said they thought the sentencing was fair.

But incensed pro-police demonstrators said the officers had been unduly punished and that they would march in protest Saturday.

"We want society and the judge to see how angry we are," said Tang Tak-shing, chairman of a police support group.

The defence argued in mitigation that the officers had been under intense pressure during the protests, which they said had dented morale, with a number of police injured.

Defence lawyer Lawrence Lok attributed the assault to "human frailty".

Political analyst Joseph Chen said the sentencing showed the city's legal system was still intact.

"There is ample evidence that we still have an independent judiciary," he told AFP.

Tsang was himself found guilty last year of assaulting and resisting officers on the same night, when he splashed an unspecified liquid on police.

He was given a five-week sentence and has said he will appeal.


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