Lew obstruction appeal rejected by top court

Local | Jane Cheung Jun 12, 2019
<p>Businessman Lew Mon-hung had the obvious intention of perverting the course of justice by threatening then-chief executive Leung Chun-ying and Independent Commission Against Corruption chief Simon Peh Yun-lu in attempting to stop an investigation involving himself, according to the Court of Final Appeal.</p><p>Chief Justice Geoffrey Ma Tao-li, Court of Final Appeal permanent judges Robert Ribeiro, Joseph Fok and Andrew Cheung Kui-nung and non-permanent judge Murray Gleeson explained the rationale for their rejection of Lew&#39;s appeal application.</p><p>In 2013, Lew was arrested by the ICAC for bribery offenses in connection with his company Pearl Oriental Oil.</p><p>Lew, nicknamed &quot;Dream Bear,&quot; sent e-mails and letters to Leung and Peh asking them to &quot;make careful considerations from a political and from the overall perspective and urgently halt the groundless persecution&quot; against him.</p><p>The ICAC then charged Lew for perverting the course of justice and he was subsequently jailed.</p><p>Lew&#39;s lawyer has said the prosecution could not prove Leung and Peh had the legal power to terminate the investigation, so Lew&#39;s efforts should not constitute attempts to pervert the course of justice.</p><p>In response, Cheung wrote: &quot;Given the unique constitutional and legal position of the chief executive, he is undoubtedly in a position to influence or otherwise affect the commissioner and, through the commissioner, his officers&#39; handling of the investigation.</p><p>&quot;In my view, what he can do [if he wants to or is forced to] would be quite sufficient to constitute a tendency to pervert the course of justice, particularly when one remembers that the attempt to pervert the course of justice needs not be successful.&quot;</p>

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June 2019