CHINA DAILY | HONG KONG EDITION Tuesday, December 22, 2020 | 5 COMMENTHK

TO THE POINT Ted Hui’s funds: Freezing bank STAFF WRITER accounts legal and proper Let justice prevail in SAR “If we do not maintain justice, citizens will fi nd it reassuring since says few people will shed any tears for an justice will not maintain us.” their greatest concern amid the Grenville Cross Francis Bacon’s insight in 17th- turmoil is nothing but restoring individual who has hoodwinked the judiciary, betrayed his century England is equally valid law and order in the city. in Hong Kong in 2020. The Court The Court of Final Appeal constituents, and, at least for the time being, cheated justice of Final Appeal brought justice ends the yearlong controversy back to the city on Monday when surrounding the government’s it ruled that it was constitutional move to quell the illegal activities hen the former Dem- security department, has now confi rmed for the government of the special by invoking the ERO to prohibit ocratic Party legisla- that, in the course of investigating suspected administrative region to invoke the face coverings at demonstrations. tor, Ted Hui Chi- violations of the National Security Law, Emergency Regulations Ordinance Over the months, the opposition fung, fl ew to Den- assistance had been sought from various to impose a mask ban at the height camp’s pretext of “protecting mark, on November banks, asking them to freeze funds related of the street violence in October human rights” has served as a 30, ostensibly to to a crowdfunding operation linked to Hui. 2019. handy tool for the naysayers to attend a meeting Grenville Cross He revealed that Hui may have diverted The justice, although it arrived smear the SAR government’s The author is a senior counsel, law profes- on climate change, he faced nine criminal sums away from their intended purpose in the fi nal days of an eventful legal exertion of power in an sor and criminal justice analyst, and was charges, some grave. He had been trusted for his own personal use, by using various 2020, settled the matter once and unprecedented social crisis, and W previously the director of public prosecu- by the Chief District Court Judge, Justin tions of the Hong Kong SAR. accounts to which he had access, and this for all, and lit the light at the end they conveniently ignore the fact Ko King-sau, who permitted him to leave is now being investigated. Indeed, John Lee of the tunnel as Hong Kong is that invoking the ERO was solid Hong Kong on a duty visit from November If, therefore, Hui imagined that explained on December 16 that “the reasons wading through the aftermath of evidence of the “one country, two 30 to December 5, on condition he returned for freezing the accounts were linked to a yearlong social unrest amid an systems” principle. thereafter. Hui, however, betrayed Ko’s trust, he could finance his life on money laundering, and had nothing to do economically crippling pandemic. Facts are facts. The judges have and fl ew to London instead on December 5, with his absconding”. The vast majority of local resi- fi nally acknowledged the truth where he said he intends to remain in self- the run with funds from Hong In Hong Kong, crowdfunding itself is dents and lawmakers expressed that “the situation on the streets imposed exile. Kong, he will have had a rude largely unregulated, although both equity their approval of the top court’s and in other public places in Hong The oƒ enses Hui faces include attempt- crowdfunding, by which people invest in an ruling as pro-establishment coun- Kong had become dire” because ing to pervert the course of public justice, awakening. early-stage unlisted company, and peer-to- cilors immediately announced of the rampant street violence and obtaining access to a computer with dishon- peer online lending, are controlled. If, how- they will back the verdict. mass defi ance of the rule of law. est intent, and criminal damage. He has ever, crowdfunding is used to raise money for The unanimity in the fi ve-judge By holding that the government’s also been charged with using a harmful surprisingly, he has touched base with the one purpose, but it is then used for another, panel’s verdict at the Court of Final ban on face-covering was “clearly substance to harm others, arising out of London-based Hong Kong Watch, the notori- whether involving specifi c crime or personal Appeal demonstrates that the city proportionate”, the court ruled that an incident in the Legislative Council when ous propaganda outfi t which whitewashes enrichment, this will constitute an oƒ ense. If is getting back to law and justice, the ambit of the power to make noxious substances were thrown around, and protest-related violence and peddles fallacies a bank has concerns that a particular transac- which has been the outcry of subsidiary legislation was “not contempt, arising out of another incident about China. Its founder, the serial fantasist, tion is illegal, it is required to fi le a suspicious peace-loving people in Hong Kong unconstitutional”. When the truth there when fi ghting broke out and the Coun- Benedict Rogers, even claimed that the freez- transaction report (STR) with the authorities. for months, if not years. The ver- is in action, there is justice. cil’s o† cials were injured. By his failure to ing of Hui’s assets was a “terrible incident” In 2019, the Joint Financial Investigation Unit dict read, “The interests of Hong It can be logically estimated return, he is also now liable to prosecution for that had “shocked the world”, which, even for (JFIU) received 51,588 STR reports, of which Kong as a whole should be taken that should justice come earlier, bail violation, an oƒ ense punishable with 12 him, was ludicrous. about 86.6 per cent, or 44,689, were fi led by into account since the rule of law law and order will defi nitely be months’ imprisonment and an unlimited fi ne. The police force has, however, revealed that the banks. itself was being undermined by restored sooner. Maintaining jus- While in Denmark, moreover, Hui reported- the bank accounts of Hui and his family were The JFIU, which was established in 1989, the actions of masked lawbreak- tice is no easy task for Hong Kong, ly met with the president and vice-president frozen on suspicion of misappropriating dona- comprises o† cers from the Hong Kong Police ers who, with their identities but the citizens may still breathe a of the Danish Parliament’s Foreign Policy tions. John Lee himself says this law enforce- Force and the Customs and Excise Depart- concealed, were seemingly free to sigh of relief even though justice is Committee, on December 2. According to ment action was conducted in accordance ment. It manages the STR system in Hong act with impunity.” All law-abiding a little delayed. Danish insiders, he used the meeting to call with the anti-money laundering legislation, Kong, and, when reports are received, it for the European Union to enact legislation a reference to the Organized and Serious analyzes them, and, if there are grounds for enabling sanctions to be imposed on Chinese Crimes Ordinance (Cap.455). He explained concern, it then alerts the law enforcement o† cials deemed to have violated human that the “asset freezing mechanism is to pro- agencies in or outside Hong Kong, as well as Winter leaves rights in Hong Kong. If true, Hui would be tect the property of victims, so lawbreaking fi nancial intelligence units elsewhere. Once guilty of colluding with external forces to elements cannot use these as they wish”. the JFIU issues a Letter of No Consent (LNC), bring about hostile outcomes in his home Having raised money by crowdfunding, in response to the STR, the bank, or other city, contravening the National Security Law, Hui brought two unmeritorious private pros- fi nancial institution, is required to freeze the an oƒ ence which, if classifi ed as “grave”, is ecutions, one against a police o† cer and the account. punishable with “life imprisonment or fi xed- other against a taxi driver, both of whom had The LNC informs the institutions that the term imprisonment of not less than 10 years” upset the protest movement, whose patsy police reasonably suspect that the funds are (Art.29). he was. After the Secretary for Justice ascer- the proceeds of an indictable oƒ ense, and Given the scale of Hui’s alleged criminality, tained they had no evidential foundation, and the bank must then act on it. If it allows the therefore, he is clearly a fugitive who must be were an abuse of process, both cases were account holder to access the funds, it could relentlessly tracked. The Secretary for Secu- dismissed by the courts. Not surprisingly, be guilty of money laundering. In Hui’s rity, John Lee Ka-chiu, has described him as therefore, Hui only needed to dip very slightly case, therefore, the JFIU must have had “shameless, hypocritical and cowardly”, and into his war chest, which was vast. genuine concerns over the money in Hui’s he must be pursued to the end of his days. In an audit declaration dated August accounts, and, once the banks were asked Although it beggars belief, he has even had 14, Hui disclosed that HK$3,608,607 had to freeze them, they were obliged to comply. the gall to complain that the Home Aƒ airs been raised by crowdfunding, of which Notwithstanding, therefore, the absurd Bureau has stopped the monthly payments of HK$1,126,237 went on legal fees. Since his claims of Hui, this appears to be a straight- HK$33,950 ($4,379) he receives as a district prosecutions were nipped in the bud, the forward case of suspected purloinment councilor, thus indicating he is even prepared amount attributed to legal fees seems exor- of somebody else’s money. Theft is illegal to pocket public money he has not earned. bitant. He was, after all, not represented by everywhere, including the United Kingdom, Hui must never be allowed to forget, whether some high-powered Senior Counsel, backed although anyone listening to Rogers could be through international arrest warrants or oth- by a team of junior barristers, but by a lone forgiven for thinking otherwise. If, therefore, erwise, that the law has him in its sights, and solicitor, Victor Yeung Sui-yin, who, like him, Hui imagined that he could fi nance his life on that no matter where he lurks, he will never is a Democratic Party member of the Central the run with funds from Hong Kong, he will be safe. and Western District Council. Yeung’s charges have had a rude awakening. Few people, how- In the meantime, the authorities must would have been modest, and the reported ever, will shed any tears for an individual who do whatever they can to frustrate Hui’s fees will therefore require verifi cation. With has hoodwinked the judiciary, betrayed his plans. Indeed, after arriving in London, he interest, moreover, Hui was left with a surplus constituents, and, at least for the time being, complained that bank accounts belonging of HK$2,195,043, the fate of which has yet to cheated justice. to himself and his family had been frozen be ascertained. Visitors enjoy the beautiful scenery at a tree covered in colorful leaves at in Hong Kong, which he called “political However, Senior Superintendent Steve Li The views do not necessarily refl ect those of Yuen Long Tai Lam Country Park in Yuen Long. RAYMOND CHAN / CHINA DAILY retaliation through economic oppression”. Not Kwai-wah, from the police force’s national China Daily. Tackling HK’s housing problems needs focus and cohesion

he Progress Report on Hong “basic starter homes” will better cater to as “other SSFs” under the HK Housing ally are already living in a subsidized rental Kong’s Long Term Housing the needs of those who are most vulner- Society and the URA. This proliferation fl at under the Housing Authority or the HK Strategy (LTHS) was released able. More-desirable homes, on the other of schemes shows a lack of cohesion and Housing Society. last week. Upon reading it, I hand, will attract households that are less consistency rather than a demonstration Instead of defi ning diƒ erent and com- believeT that Hong Kong’s housing policy in need. If the government has a better of fl exibility. As things turned out, many of plicated eligibility criteria to enter dif- has much room to improve, and in par- Ho Lok-sang focus, it will be more eƒ ective in this mat- these sales ended up as handsome profi ts ferent housing lotteries, which has been ticular, it needs better focus and more The author is a senior counsel, law profes- ter of high priority. for the lucky ones who got the right to buy rendered even more attractive in recent cohesion. sor and criminal justice analyst, and was In the 2015 Policy Address, the Chief the TPS fl ats through the PRH tenant status years because of deeper discounts in the The report describes the LTHS as being previously the director of public prosecu- Executive proposed to increase the supply or who were lucky enough to win the “lot- sale prices, the government should focus “supply-led” and following a “fl exible” tions of the Hong Kong SAR. of subsidized sale fl ats by converting fl ats tery” for heavily subsidized fl ats. The policy on the supply of small and modest starter strategy. This is well said. I agree that developed by the Urban Renewal Author- clearly would attract more people to apply home fl ats that may not be attractive to increasing supply should be a priority ity (URA) that were originally intended for PRH. the well-to-do. It is far better to rely on as it is a shortage that caused the price practices for private residential proper- for the private market to SSFs. A total of The same LegCo Statistical Highlights “self selection” than “income and asset surge, but I am worried that the govern- ties.” 338 such fl ats in the Kai Tak development show a much higher over-subscription limits” if we want to help the needy. Even ment is not addressing the most pressing Given our limited resources, it is far were later converted in this way, with rate for White Form applicants than for without income and asset limits, the well- issues. There are more eƒ ective ways to more important at this juncture to lift size ranging from 332 square feet to 568 Green Form applicants. In general, White to-do will opt out of subsidized fl ats if the deal with Hong Kong’s current housing those in unacceptable, unhygienic and square feet in saleable area. Many of these Form applicants need to meet the Housing owners of such fl ats are not allowed to problems. even unsafe living conditions out of those fl ats directly compete with private fl ats Authority’s income and asset limits and own other properties and must live in the To “avert the current supply demand conditions than to further improve the but were sold at an attractive discount. other requirements, but Green Form appli- purchased fl ats. Because they are modest imbalance”, the report says three direc- well-being of those already enjoying One wonders what was the point. cants are not subject to these requirements. starter homes, when fi nancial conditions tions have been taken: to provide more acceptable housing. We should focus on A 2018 LegCo “Statistical Highlights” Since PRH tenants may continue to live in improve, their owners will have the incen- public rental housing (PRH) units and increasing the supply of public rental showed that 62.5% of the SSFs sold in 2017 their subsidized rent fl ats as long as their tive to sell and move on to a private fl at. to improve the e† ciency of utilization housing and that of starter home for-sale were under the Home Ownership Scheme/ family income does not exceed 5 times the This is far better than the present sys- of the stock of available units; to provide fl ats (subsidized sale fl ats, or SSFs) which Green Form Subsidized Home Ownership PRH income limits or their total net house- tem, under which people are encouraged more subsidized sale fl ats and to expand meet the basic needs of the typical core Scheme; 33.4% were under the Tenants hold assets do not exceed 100 times the to take up a low-paying job in order to the forms of subsidized home ownership family. I do not see the need to “expand Purchase Scheme (TPS), 3.8% were sold required income limits. The reason White retain eligibility for the housing lottery. and facilitate market circulation; to com- the forms of subsidized home owner- by the HK Housing Society under the Flat Form applicants are so keen to buy these bine land supply increases with demand ship” if this entails quality levels that go for Sale Scheme or the Sandwich Class fl ats is that they have a far more urgent The views do not necessarily refl ect those management and “good sales and tenancy beyond basic starter homes. Focusing on Housing Scheme. Only 0.3% were sold need than Green Form applicants, who usu- of China Daily.