At his first hearing, Assistant Prosecutor General Kong Chi has denied 89 bribery and criminal syndicate charges against him, while questioning the legitimacy of the allegations.
Kong is alleged to have formed a criminal syndicate with Choi Sao Ieng, Ng Wai Chu and lawyer Kuan Hoi Lon.
It is alleged the four were distributing and selling evidence such as exhibits and testimonies, as intelligence for suspects to use in the defense proceedings. Kong is also accused of misfeasance and improper access of materials, among other charges.
Through these illegal means, he was also said to have helped suspects or stakeholders be acquitted or obtain reduced sentences, according to a report by local media All About Macau.
Reading the indictment, Tong Hio Fong, presiding judge for the case and president of Court of Second Instance, said that Kong, as the ringleader of the criminal syndicate, had interfered with and tampered with evidence, obstructing the course of justice. He had also helped suspects obtain acquittals and failed to declare his assets twice. It was said that MOP14 million’s worth of his assets were of unclear origins.
Kong allegedly viewed judicial documents – regardless of the handling prosecutors of the cases – to help bribe payers with judicial defense. Choi and Ng, meanwhile, are accused of facilitating deals with suspects, case stakeholders or bribe payers. It was said that these cases would be referred to Kuan, who would become their defense lawyer.
According to the indictment, Kong and Choi first met in 2000. Choi and Ng are spouses and Kuan is Choi’s friend. Kuan became involved in 2015, the indictment said.
It was said that suspects would seek help from Choi, who would later pass their names to Kong for follow-up and Kuan for an appointment. Kong also allegedly sought to identify suitable suspects so that Choi could follow-up.
Kong is accused of making deals to archive cases handled by him, completely neglecting the evidence from the police and the Public Prosecutions Office (MP). For cases not handled by him, Kong would look for loopholes and provide legal advice.
In response to these allegations, the senior prosecutor, who is currently on unpaid leave, denied that he had sold investigative elements to anybody. He added that he had not been interrogated by either the Commission Against Corruption (CCAC) or the MP since his arrest.
He also thanked Choi for testifying on his behalf that he had not taken bribes during CCAC interrogations, adding that Choi was the only person who could prove him innocent. The senior prosecutor also denied the allegations of archiving cases without following procedure as well as manipulating and interfering with judicial procedures. He pledged that he had made judgments based on sound legal reasoning and that he would elaborate on these.
The indictment disclosed that 13 of 30 cases involving Kong were archived by himself.
Kong said many financial records collected by the CCAC were used as retrospectively introduced evidence based on time and figures coinciding.
MOP5.8 million was logged in Kong’s computer for the purpose of investing in a Hunan-Macau mutual benefit fund. Three other entries were explained by Kong as relating to the fee for the preparation of the Macau Hunan Native Association and the renovation fee paid to Ng.
He then pointed to the critical factors of consent and sufficient members to deny the allegation of forming a criminal syndicate. He claimed he had not been familiar with Ng and Kuan. He said that he did not even have Kuan’s cellphone number or WeChat contact and that he had no contact whatsoever with Kuan. Therefore, he believed the criminal syndicate allegation should not be pressed against Ng and Kuan.
The alleged consent between Choi and Kuan can be explained by their friendship and partnership in starting an office, Kong said, adding that Choi would also approach Kuan for legal advice.
In addition, Kong said he had never been to Kuan’s law firm, and not until he received the indictment did he know that Kuan and Choi were business partners. He had always thought Choi was Kuan’s legal executive.
While requesting the judge to carefully consider all contested points in the case, he pointed to a witness surnamed Wong and attempted to question Wong’s credibility. He said he and Wong had first met 11 years ago due to a case. He had suggested that Wong seek assistance from the CCAC as Wong was unhappy with the way the case had been handled at the time. He said he gave Wong his business card and had dinner with Wong.
However, Wong secretly recorded their conversations during the dinner and filed a complaint with the CCAC. As such, Kong also asked the court to consider the legitimacy and reliability of the recording.
The indictment noted that Kong had received MOP10,000 from Wong to retrieve an item under custody that was worth MOP100,000.
The indictment also said Kong had failed in declaring assets twice. In 2022, Kong declared his assets to be worth about MOP20 million, in contrast to the proclaimed actual worth of MOP40 million. Of this amount, about MOP14 million had unclear origins, while MOP5 million were alleged to be illegal.
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