Hong Kong | Donald Tsang gets 20 months in jail for misconduct

Selina Tsang (center), wife of Donald Tsang, is accompanied by her two sons, Simon Tsang Hing-yin (left) and Thomas Tsang Hing-shun, to walk out of the High Court yesterday

A former leader of Hong Kong was sentenced yesterday to 20 months in prison for misconduct after failing to disclose plans to rent a luxury apartment for his retirement from a businessman applying for a broadcasting license.

It was a stunning downfall for Donald Tsang, 72, who served as Hong Kong’s chief executive, from 2005 to 2012.

He becomes the highest-ranking current or former official sent to prison for wrongdoing in the Asian financial hub, which prides itself on a reputation for clean governance.

“Never in my judicial career have I seen a man fallen from such a height,” Justice Andrew Chan said as he handed down the sentence in Hong Kong’s High Court. “However, it is not in dispute that the defendant has dedicated himself to public service for the past 40 years.”

The judge said he took 10 months off his initial sentence of 30 months because of Tsang’s good character and contribution to Hong Kong. The maximum penalty for misconduct is seven years.

Tsang showed little emotion as the sentence was read out in a packed courtroom, the Associated Press reported.

Chan noted that among Tsang’s major contributions to public service, one that stood out was “his effort in overcoming” the 1997-98 Asian financial crisis. Tsang, who was financial secretary at the time, led the city’s successful multibillion-dollar defense of its currency peg against speculators.

A jury found Tsang guilty last week of one count of misconduct in public office but not guilty on a second count. His wife, Selina Tsang, told reporters outside court that she and other family members were “disappointed and heartbroken” at the sentence and that they plan to appeal.

It’s one of several cases in recent years that have shaken public confidence and raised concerns about cozy ties between Hong Kong’s leaders and wealthy tycoons.

The disgraced former HK leader walks into the High Court, not to come out

Jurors ruled 8-1 that he committed misconduct when he failed to disclose that the penthouse in neighboring Shenzhen in mainland China was owned by a businessman whose company was applying for a digital radio license.

They unanimously cleared him of the second misconduct charge, which alleged he failed to reveal he had nominated for an award an interior designer working on the penthouse’s renovations.

The jury couldn’t decide on a third charge of accepting an advantage. A retrial is tentatively scheduled for September.

Tsang joined the colonial government in 1967, rose to financial secretary under the last British governor and was knighted for his service. The devout Roman Catholic won widespread praise for his stewardship of the economy during the Asian financial crisis, leading a USD15 billion defense of the Hong Kong dollar.

Simon Young, an associate dean of the University of Hong Kong’s Faculty of Law, quoted by Bloomberg, said Tsang’s prosecution had boosted confidence in the city’s anti-corruption efforts. “It sends quite a strong message to the community and to future leaders and to future politicians that the ICAC can and will look into these matters,” Young said. 

“Clearly the rule of law prevails and is very much alive and kicking in Hong Kong,” said Alan Leong, a former leader of the pro-democracy Civic Party who ran against Tsang in the 2007 chief executive race.

“The takeaway is that those who occupy public office – especially high office – ought to be whiter than white,” he told reporters yesterday.

In a separate case, the ICAC is currently investigating whether outgoing Chief Executive Leung Chun-ying failed to disclose a HKD50 million payment from an Australian construction company relating to a business deal before he took office, which he says wasn’t covered by disclosure requirements. MDT/Agencies