Notes

Introduction

This is taken from the title of Gilbert Geis’s seminal explication on the state of white-collar crime today. See Geis (1992). 1 . This is according to the Heritage Foundation’s Index of Economic Freedom. For details, go to: http://www.heritage.org/index/explore 2 . See government’s Brand Hong Kong campaign leaflet entitled ‘Safe City’ published August 2013. Available online at: http://www.brandhk. gov.hk/en/facts/factsheets/pdf/12_safe_city_En.pdf 3 . Anon, ‘HK Among World’s Safest Cities – UN Survey.’ China Daily, 2006, October 7. 4 . Liu, ‘Rents for City’s Cage Homes Rising.’ South China Morning Post, 2010, April 28. 5 . Leung, ‘Stifling Heat Piles on Misery in Cage Homes.’ South China Morning Post , 2010, August 2. 6 . Ng, ‘Cage Homes Fuel Tuberculosis in Sham Shui Po.’ South China Morning Post , 2011, August 8. 7 . Poon (2011: 29–44). 8 . Tirole (1988, ch. 6). 9 . Chiu, Karen. 2014. ‘HK Homes Still Least Affordable.’ The Standard, January 22. http://www.thestandard.com.hk/news_detail.asp?pp_cat=1&art_ id=141777&sid=41377698&con_type=1 (Accessed July 25, 2014). 10 . The poor consumer welfare is demonstrated in Chapter 4. ‘Asia’s world city’ is the government’s Brand Hong Kong slogan. 11 . Messner and Rosenfeld (2007: x–xi). 12 . Goodstadt (2009, Introduction, para. 8). 13 . Pontell and Geis (2007: 118). Pontell and Geis explain that a structural cloak is a bias in the social structure that diverts attention away from white-collar crimes and turns them into non-issues.

1 No Smoking Gun: Methodology in the Uncovering of White-Collar Crime

1 . Jupp, Davies, and Francis (2000: 57). 2 . McCusker (2005). 3 . This has been kept necessarily vague. 4 . Aldrick, ‘G20 Summit: Blacklisted Tax Havens Face Sanctions.’ The Telegraph , 2009, April 3. 5 . Ma, ‘China Not to Be Pushed Around.’ The Standard , 2009, April 6. 6 . Hughes (2000: 242). 7 . The issue of there being two understandings of white-collar crime is discussed at the end of Chapter 2 and reasons for staying with the sociological defini- tion are given at the end of Chapter 3. 162 Notes 163

8 . Shover (2007: 81). 9 . Green (2004). 10 . Wand (2009: 20). 11 . Green (2004: 501). 12 . Harmfulness and wrongfulness are not the same things. As Green, in a sepa- rate work, argues: harmfulness is best understood as how much an act intrudes on an individual’s personal interest, while wrongfulness is how much an act violates a moral standard. For more, see Green (1997: 1549–1552). 13 . Green (2004: 502). 14 . Green (2004). 15 . Hong Kong Legislation. Chapter 571: Securities and Futures Ordinance. 16 . Ibid.: 303. 17 . As a manner of demonstration, I have opted not to explain both the concept of the free market and the efficient markets hypothesis because it underscores the point that those who know what I am saying already know why insider trading is wrong and those who do not, still will not under- stand. For those interested in a basic rundown, an Internet search on those terms will produce substantial resources that will help in understanding the concept. 18 . Green (2004: 506). 19 . Green (2004). 20 . Ibid.: 508. 21 . Ibid. 22 . Hasnas (2005: 591). 23 . He is writing under a pseudonym, hence the rather curious name. 24 . Alanson, ‘The Vital Art of Ignoring Daft Company Rules.’ South China Morning Post , 2009, September 27. 25 . Alanson was discussing the rather bizarre case in Hong Kong in which a nurse, in following hospital regulations, asked the son of a man suffering from a heart attack to call for an ambulance despite both the man and his son already standing at the entrance to the hospital. As if in a bizarre tragic comedy, the ambulance arrived 26 minutes later because of traffic trying to get around the hospital’s perimeter to rush the man to the emergency room behind that same hospital. He was pronounced dead on arrival. For more on the fallout of the story, see Ng, Maggie. 2010. ‘Receptionist Denies Lack of Concern Over Man’s Collapse.’ South China Morning Post, May 4. http:// www.scmp.com/article/713323/receptionist-denies-lack-concern-over-mans- collapse (Accessed August 1, 2014). 26 . Green (2004: 516). 27 . Ibid.: 517. A scandal along these lines in Hong Kong occurred when inter- national public relations firm, OMD, represented the Mass Transit Railway Corporation (MTRC) in releasing a letter to warn the press that if they were to publish negative stories on MTRC, the company will pull their advertising. Both OMD and MTRC apologized when the press published the letter to good measure. For more information, see Tam, Maggie, and Ng, Kang-chung. 2011. ‘MTR Corp Apologises over Threat to Media.’ South China Morning Post , April 23. http://www.scmp.com/article/965831/mtr-corp-apologises-over- threat-media (Accessed August 1, 2014). 28 . Green (2004: 515). 29 . Ibid.: 519. 164 Notes

30 . This argument is elaborated on in Chapter 3. Essentially, white-collar crime was first conceived as a sociological concept, not a legal one. Using either defi- nition presents unique challenges in Hong Kong but, whereas the legal defini- tion has made some headway, the sociological one has yet to see the light of day. 31 . Chapter 3 provides the justification for this definition. 32 . Pontell and Geis (2007: 114). 33 . Interestingly, in regards to the , there was a tendency to speak of these abuses as a point of criticizing peers or demonstrating the extent to which they are able to influence circumstances. This is starkly different from discussions with individuals from middle and lower classes who tended to consider the issue as something distant and beyond their means to influence. Speaking with individuals from different levels, it became increasingly clear that there was a class subconsciousness of their place in society and their ability to influence its structure as well as events. I say ‘subconsciousness’ as opposed to ‘false consciousness’ because I am not speaking of them being driven by capitalist or societal goals that they blindly and universally reach out for (though that certainly exists in Hong Kong), but rather of a deep sense of identity from their roles in society, and a surrendering to the destiny of those roles. It is subconscious because it is never expressed outright, but always implied in conversation, and the implication tends to allow for cate- gorization of an individual’s . It was remarkable how clearly these expressions come through if one listens carefully when conversing with people from different walks of life. 34 . Osborne and Rose (1997: 100). 35 . The case-study method is a method that focuses on using information and viewpoints about a case that are already in the public sphere. 36 . Flyvbjerg (2011: 303). 37 . Osborne and Rose (1997: 98). By ‘thinkable,’ Osborne and Rose are speaking of something not only making sense to a person’s mind but also that it can even occur in the mind of a person engaged in its study. By this under- standing, thought itself is discovered and ideas revealed as we advance our methodologies, and methods develop as we further explore those unveiled thoughts. 38 . Flyvbjerg (2011: 303). 39 . Campbell (1975: 191). 40 . Campbell and Stanley (1966: 6–7). 41 . Flyvbjerg (2011: 305).

2 Against White-Collar Crime

1 . A second sociologist, trained in the law,, Robert Caldwell is noted in Geis, ‘White-collar crime,’ White-Collar Crime Reconsidered , (1992: 36) – though most texts highlight Tappan’s objection, perhaps because his article was contemporaneous with Sutherland’s while Caldwell’s comes 11 years after. 2 . Geis (1992: 36). 3 . See Tappan (1947: 99); and Caldwell (1958: 32–33). 4 . Tappan (1947: 97); Caldwell (1958: 32–33). Notes 165

5 . This statement is made in the introductory lecture of the course at the . I sat in on these lectures in 2009 and 2010, and heard it made on both occasions. 6 . In saying this, it should be acknowledged that this has been a point of debate in this field for some time. 7 . For a comprehensive version of that story, see Geis (1992). 8 . The US Federal Bureau of Investigation’s website basically links white-collar crime to fraud and leaves it at that. Find out more at: http://www.fbi.gov/ about-us/investigate/white_collar/whitecollarcrime 9 . This is in reference to the term ‘white-collar crime’ as conceived for use in sociological and criminological discourse. White-collar crime as a behavioral conduct has been around for much longer. 10 . Tappan (1947: 101). 11 . Ibid. 12 . This was in 1947, so times have changed quite a bit, and deviance studies is now a large part of criminology. 13 . Tappan (1947: 98). 14 . Ibid.: 97. 15 . Ibid. 16 . This may sound odd because it appears as though he is opposing the study of deviance but, in 1947, anti-social behavior did not signify deviance. Instead, it meant behavior that did not make a person too popular with other people. This is therefore extremely concerning since it takes the ‘crime’ completely out of ‘criminology.’ 17 . Tappan (1947: 97). 18 . Ibid. 19 . Ibid.: 99. 20 . Ibid.: 98. 21 . Ibid.: 99. 22 . Ibid. 23 . Ibid.: 96. 24 . Ibid.: 99. 25 . Ibid. 26 . Ibid. 27 . Ibid.: 96. 28 . Caldwell (1958: 35). 29 . Ibid.: 36. 30 . Ibid.: 31. 31 . Ibid. 32 . Ibid.: 32. 33 . Ibid. 34 . Ibid.: 33. 35 . Ibid. 36 . Ip, ‘Gay protester takes police chief to court,’ South China Morning Post , 2011, June 4. 37 . Caldwell (1958: 32). 38 . Ibid.: 33–34. 39 . Ibid.: 34. 40 . Green (2009). 166 Notes

41 . Caldwell (1958: 34–35). 42 . Ibid.: 35. 43 . Ibid.: 35–36. 44 . Ibid.: 36. 45 . Ibid. 46 . What Adam Smith originally wrote in his tome, popularly titled, The Wealth of Nations, on the ‘invisible hand’ and its dangers if allowed to run unchecked has become irrelevant to some conservative economists today, who hold to the belief that the solution to everything is the free market. 47 . Discussions on how sociologists misuse crime in saying ‘white-collar crime’ is most strongly argued in Baker (2004). 48 . Baker (2004: 3). 49 . Gelinas, ‘Criminalizing capitalism,’ City Journal , 2008. 50 . Baker (2004: 6). 51 . Gelinas (2008: 6). 52 . Baker (2004: 5). 53 . Ibid.: 1. 54 . Ibid.: 6. I note ‘anything else’ as Baker does not appear to believe that there is much wrongdoing in the business arena; thus, to say ‘lower crime’ or ‘combat wrongdoing’ would be to twist Baker’s contention. 55 . Baker (2004: 3). 56 . Ibid.: 5. 57 . Ibid.: 6. 58 . Ibid. 59 . Ibid.: 3. 60 . It may even be accurate to say, in Baker’s case, a ‘sociologically inspired war.’ 61 . Baker (2004: 6). 62 . Meese (2007). 63 . Ibid.: 1. 64 . A great example of this point is the British court sentencing of riot partici- pants in 2011. The debate revolves around the question of whether political pressure led to unreasonably harsh sentences. See Casciani, ‘Riot convictions: How tough are they?’ BBC News Service , 2011, August 20. 65 . Kitsuse and Spector (2009, ch. 7). 66 . Cohen (2002: vii). 67 . See Baker (2004); Meese (2007); and, Gelinas (2008). These commentators have made it clear that they believe the concept of white-collar crime is very much lacking in any clear substance. 68 . Meese (2007). 69 . Ibid.: 1545. 70 . Ibid.: 1547. 71 . A good example of this possible loss of independence can been seen in Vines, ‘Hong Kong government’s authoritarian instincts must be checked,’ South China Morning Post , 2011, May 28. 72 . This word could just as easily have been ‘intervention’ for those individuals who feel that the central government is helping set Hong Kong in the right direction with its advice. Yet, in the public discourse it is more common to call this advice from the central government ‘interference’; hence the use of this word. Notes 167

73 . For an argument pertaining to weakening of rights, see Cheung (2005). For the granting of favor to individuals and companies, see Loh (2010, ch. 9). 74 . ’s Chinese name in full is Li Kwok-nang. 75 . Geoffrey Ma’s Chinese name in full is Ma Tao-li. 76 . Wong, ‘Lawmakers endorse Geoffrey Ma as top ,’ South China Morning Post , 2010, June 10. 77 . Tai, ‘Judicial autonomy in Hong Kong,’ China Information , 2010: 309. 78 . Skidmore, ‘Promise and peril in combating corruption: Hong Kong’s ICAC,’ Annals of the American Academy of Political and Social Science , 1996: 118. 79 . Ibid . 80 . The case can be found in detail at the ICAC’s website: http://www.icac.org. hk/new_icac/eng/cases/godber/html/main.html 81 . This figure has not been adjusted for inflation, and no conversion to the US dollar has been provided as these are not essential to the current argument. 82 . Skidmore, 1996: 125. 83 . Tsang and Fraser, ‘Rising star of ICAC arrested in graft probe,’ South China Morning Post , 2011, April 30. 84 . Ng, ‘Judge decries ICAC officers’ coaching of witness,’ South China Morning Post , 2011, May 6. 85 . Certainly, with the expansion of police powers in 2011, for example in ‘noise enforcement’ and the creation of an equally unexplained anti- task force, perhaps the government need not use the ICAC’s powers at all to move Hong Kong towards a more authoritarian regime. 86 . Skidmore (1996: 126). 87 . Ibid. 88 . Ibid. 89 . It is still prudent to acknowledge, nonetheless, that recent moves between the police and protestors are concerning, as they seem to hint towards the police beginning to exercise their powers to more readily pacify dissent. The 2014 Occupy Central movement largely began as a result of what the Hong Kong public deemed an unreasonable use of force by the police. 90 . Skidmore (1996: 127). 91 . Gelinas (2008). 92 . Ibid. 93 . The Sarbanes–Oxley Act of 2002 strengthened regulation pertaining to disclosure of information on a publicly traded company’s fiscal health and puts responsibility on senior executives to make sure that that information is correct. Basically, with the passing of SarbOx, senior executives could be held criminally responsible for signing off on information that does not reflect the true state of financials within the company. 94 . Gelinas (2008). 95 . Ibid. 96 . Ibid. She notes, for example, the end of Arthur Andersen and how, after it was too late to bring the company back from the brink, the courts finally overturned the guilty verdict. 97 . ‘Coercive pressure’ is the extortion of corporations by criminal justice actors, such as prosecutors. Meese points out the case of Bristol–Myers Squibb as an example. See Meese (2007: 1548). 98 . Gelinas (2008). 168 Notes

99 . Ibid. 100 . Ibid. 101 . Ibid. 102 . Baker (2004: 4); Gelinas (2008). 103 . Gelinas (2008). 104 . Ibid. 105 . Ibid. 106 . Baker (2004: 3). 107 . Ibid.: 5. 108 . This view of the treacherous terrain that law has become for businesspeople can be found in Meese (2007: 1545). 109 . Baker (2004: 4). 110 . Cressey (1989). 111 . Baker (2004: 4); Gelinas (2008). 112 . Gelinas (2008). 113 . Meese (2007: 1549). 114 . Ibid. 115 . Stopping and then not reporting the act is assumed here as a larger risk because, if the wrongdoing were to be uncovered by another source, the entire matter would explode beyond the control of the corporation and be framed as a ‘cover up.’ This would then trigger the same consequences as if they had reported it earlier, but this time with a more indignant public and aggressive justice system. 116 . Meese (2007: 1550). 117 . Braithwaite (1989, ch. 9). 118 . Meese (2007: 1551). 119 . Ibid.: 1552. 120 . Podgor (2007: 734). 121 . Ibid.: 737–738. 122 . Ibid.: 738. 123 . Cited in Geis (1992: 38). 124 . Baker (2004: 2). 125 . Sutherland (1983: 45). 126 . Baker (2004: 6). 127 . Ibid.: 2. 128 . Perhaps none, and it was likely another responsible adult reported the crime. Yet, there were four cases where children under the age of two were sexually abused in Hong Kong in 2010. See Lo, ‘Four girls aged under two abused as cases rise 76pc in seven years,’ South China Morning Post , 2011, April 16.

3 Here We Go Again: What Is White-Collar Crime?

1 . It was not until 1970 that the concept of white-collar crime began to seri- ously assume its legal and law-enforcement definition. See Geis (1992: 38). 2 . Caldwell (1958: 32). 3 . Hereafter, I use the word ‘criminology’ to imply ‘sociological discourses on crime’ and its multi-disciplinary nature. When I use ‘sociology,’ I imply ‘discourses that are specific to sociology.’ Notes 169

4 . Sutherland (1983: 45). 5 . Nguyen and Pontell (2010). 6 . Caldwell (1958: 36). 7 . Weber (1949: 83). 8 . This quote is from Shaw’s 1903 stage play, Man and Superman, in the section entitled ‘Maxims for Revolutionists.’ 9 . Tappan (1947: 97). 10 . Geis (1992: 38). 11 . Ibid. 12 . Much of this has to do with the difficulties in researching white-collar crime. For a look at these difficulties, see Chapter 1. 13 . Forgive me if the following quote conjures a sense of déjà vu . I used the second sentence in Chapter 2 when demonstrating objections. Here, I placed it in a fuller context for further examination and rebuttal. 14 . Caldwell (1958: 35). 15 . Tappan (1947: 97). 16 . This is not to say that the ICAC is biased in its reporting or is covering anything up. The ICAC deserves the international and local respect it receives. Still, the fact that there is no sociological discourse on white-collar crime in a city that is so primarily run by the interests of business is telling. 17 . Herrnstein and Murray (1996, ch. 11). Note that this theory was proposed long after Sutherland had raised his warning that criminological data was skewed. 18 . Gottfredson and Hirschi (1990, ch. 5). 19 . There is a healthy disrespect for academia today as not being practical enough. Indeed, academics themselves often accuse each other of being too locked up in their ivory towers. In this manner, the point that something is ‘academic’ is an argument that discounts it as having no ‘real world’ value. 20 . Baker (2004: 6). 21 . Ibid.: 2. 22 . Baker’s title has the word ‘sociological’ in it for a reason. It is certainly not because he was a particular supporter of the discipline. 23 . Christie (2004: x). 24 . See Baker (2004: 1); and Meese (2007: 1545). Both articles mention politici- zation but do not actually show how politicization led to white-collar crime becoming a legal concept. 25 . Meese (2007: 1545). 26 . Baker (2004: 1); Meese (2007: 1550); Gelinas (2008). 27 . Baker (2004: 4); Meese (2007: 1547–1548). 28 . Baker (2004: 5). 29 . Sanders (2008: 12). 30 . The entire push for the creation of the ICAC in Hong Kong was due to the social, political, and economic instability brought on by the prevalence of corruption in the 1960s and 1970s. For a brief history of how corruption was linked to social turmoil, see Skidmore (1996: 120–121). 31 . Meese (2007: 1546). 32 . Podgor (2007: 732, 739, 758). 170 Notes

33 . For arguments that show how white-collar criminals rarely repay their debts to the victims despite going through the criminal justice system, see Todd, ‘Three cents on the dollar,’ The American Lawyer , 2007, November 1. 34 . Ibid. 35 . Meese (2007: 1549). 36 . Sutherland (1983: 7). 37 . This argument that the law should be more accommodating to government is very much a reality in China–Hong Kong relations as Xi Jinping, who was vice-president of the People’s Republic of China at the time, called for Hong Kong’s three branches of government, ExCo, LegCo, and the Judiciary, to mutually support one another and share ideas on how to best run society. See Wong, ‘Lawmakers endorse Geoffrey Ma as top judge,’ South China Morning Post , 2010, June 10. 38 . The fact is that businesspeople have ambivalent attitudes to behaviors that are clearly in violation of the law. Thus, rather than the upright citizen some may purport them to be, it has been found that they are quite undecided in their views. See Aubert (1952). 39 . Black (2007: 439). 40 . See Levi (1993); Pontell and Calavita (1993); Black (2007); Forti and Visconti (2007); Kellens, Dantinne and Demonceau (2007); Anparasan (2009). 41 . For Hong Kong, see Wong (1981); Skidmore (1996); and, Manion (2004, ch. 2). 42 . Baker (2004: 4); Gelinas (2008). 43 . Gelinas (2008). 44 . Hasnas (2005: 591). 45 . Understandably, proponents of the free market suggest that competition is good in the marketplace, but that does not necessarily mean that it applies to other facets of society. This argument is misleading however, because it assumes that society can be neatly divided into different sectors that are independent from one another. 46 . Gelinas (2008). 47 . For more on the original assassins, or at least where the name ‘assassin’ was derived, see Hodgson (2005). 48 . Wile E. Coyote is known for describing himself thus, ‘Wile E. Coyote, super genius.’ 49 . For a clip of the Coyote finally catching the Road Runner, go to: http://www. youtube.com/watch?v=KJJW7EF5aVk (Accessed on August 10, 2014). 50 . Gelinas (2008). 51 . Ibid. 52 . Weber (1949: 94). 53 . See details at Heritage Foundation’s Index of Economic Freedom: http:// www.heritage.org/index/explore. 54 . Cheng, ‘Fair dues,’ South China Morning Post , 2011, May 7. 55 . Eng, ‘15 years on, draft competition law comes to Legco,’ South China Morning Post , 2010, May 26. 56 . This is not an exhaustive list. Other government bodies related to land include the Construction Industry Council, Construction Workers Registration Authority, , Government Property Agency, Housing Authority, Housing Society (this is a separate authority), Land Registry, Transport and Housing Bureau, and Urban Renewal Authority. Notes 171

57 . Domhoff, ‘Theories of power: There are no conspiracies,’ Who Rules America , 2005, March. 58 . Ibid. 59 . Ibid. 60 . Goodstadt (2009, ch. XI); Loh (2010, ch. 9). 61 . Each resident of Hong Kong, whether permanent or temporary, is issued an identity card that uniquely identifies them. The requirement to register an identity card number before being allowed access to a polling station is not normal. 62 . Fung, Yau, and Ng, ‘A break with tradition as the voters are forced to go out of their way,’ South China Morning Post , 2010, May 17. 63 . Poon (2011: 29–44). 64 . Cheung, ‘Records go into black hole instead of archives,’ South China Morning Post , 2010, June 14. 65 . Podgor (2007: 733, 735, 743). 66 . Sutherland (1983: 7). 67 . Ibid. 68 . Cited in Geis (1992: 38–39). 69 . Anparasan (2009: 16). 70 . Ibid.: 17. 71 . Geis (1992: 39). 72 . Cited in Ibid.: 40. 73 . This point was raised by Henry Pontell in his lectures on white- collar crime. 74 . Blum-West and Carter (1983: 553). 75 . Geis (1992: 47). 76 . Schrödinger (1983: 157). 77 . Shapiro (1990: 357). 78 . This was the conclusion of a public lecture entitled, ‘The Influence of Darwinism on Philosophy’ given in Columbia University in 1909.

4 Hong Kong’s Surreal Estate: Hong Kong and Its Property Sector

I am indebted to Prof. Børge Bakken for coming up with this description of Hong Kong’s ‘surreal estate.’ 1 . Milton Friedman and Rose Friedman (1990: 34). 2 . See details at Heritage Foundation’s Index of Economic Freedom: http:// www.heritage.org/index/explore. 3 . Milton Friedman (1998, July 30); Thomas Friedman (2005). 4 . Poon (2011: 27). 5 . Liu (2010, April 28); Wong (2011, April 11); Wan (2011, April 14). 6 . This is summed up in a saying that is familiar to most local Hongkongers – pui san meen hoi– which literally translates to ‘mountain behind, sea in front.’ The reason this is auspicious is that the sea is meant to bring in positive energy, and the mountain allows it to be collected and nurtured. 7 . According to Forbes in 2014. See http://www.forbes.com/profile/lee-shau-kee/ (Accessed on March 25, 2015). 8 . Franco Yeung’s Chinese name in full is Yeung Sai Hong. 172 Notes

9 . Tony Yeung’s Chinese name in full is Yeung Siu Tung. 10 . Peter Yeung’s Chinese name in full is Yeung Pui Kam. 11 . 39 Conduit Road used to be confusingly noted as Lot No. 1898, so references to lot numbers 1898 and 7898 are to the same lot. The number 7898 was likely the result of a modern transcription error (squinting hard enough, it is perhaps possible for the number ‘1’ to be mistaken for a ‘7’ – perhaps) as a Government Gazette from 1911 clearly records the same piece of land as Lot No. 1989. 12 . By law, all land belongs to the and therefore is available only on leasehold. 13 . Elton Chow’s Chinese name in full is Chow Sing Yuet. 14 . Court of First Instance, ‘Chow Sing Yuet Elton v. Carry Express Investment Limited.’ HCCT 18/2007, 2007. 15 . Ibid. 16 . Ibid. 17 . It is important to note that up until this point, only the government of Hong Kong had the power to force individuals to sell their property. By giving devel- opers this power, the government effectively also shifted the right to retake land in the public interest to the retaking of land for private commercial purposes. 18 . Chiu, ‘Hearing opens in To Kwa Wan collapse,’ South China Morning Post , 2011, February 17. 19 . The extent of illegal renovation and building work in Hong Kong was a topic of much controversy in early 2011; so many buildings have been found to have such work done on them, and the issue has generated so much debate that some have even likened the entire affair to a ‘witch hunt.’ As an example, see Chugani, ‘The witch-hunt over illegal structures is rich pickings but a can of endless worms,’ South China Morning Post , 2011, June 9. 20 . This is especially true for older buildings as the property there is usually cheaper and larger than those of newer buildings in the same district. A normal strategy for purchasers is to buy these buildings and redirect the savings towards extensive renovation and modernization work. 21 . Legislative Council, ‘Chapter 545: Land (Compulsory Sale for Redevelopment) Ordinance’ Cap 545, 1999, July 7, §3(1). 22 . Cheung, ‘The Hong Kong system under one country being tested,’ The July 1 Protest Rally, 2005: 55–58; Lam, Understanding the Political Culture of Hong Kong , 2004, ch. 1; Lee and Chan, ‘Making sense of participation: The political culture of pro-democracy demonstrators in Hong Kong,’ The China Quarterly, 2008. 23 . Pertaining to the law in 2010, the Hongkonger’s right to protest crystallized in the July 1, 2003 march when an estimated 500,000 people took to the streets in opposition to the government’s attempt to pass Article 23, otherwise known as the anti-subversion bill. The bill was controversial because it encroached on a Hongkonger’s right to freedom of expression, gave police powers to enter and search without the need of a warrant or evidence, and allowed the possibility for anti-government speech to be branded as treasonous. As if that were not enough to provoke a protest, those found guilty under this law could be sentenced to life imprisonment. Another grand display of this was the 2014 Occupy Central Movement, which brought some of Hong Kong’s busiest intersections to a standstill for almost four months. Notes 173

24 . Wong, ‘Lawmakers call for sparing use of lower building-sale threshold,’ South China Morning Post, 2010, March 9; Ng, ‘Regina Ip against lower threshold,’ South China Morning Post, 2010, March 12; ‘A law that could come to haunt this government,’ South China Morning Post , 2010, March 21. 25 . A special interest group that is given the right to elect its own representative to government is known as a functional constituency in Hong Kong. Of the 60 lawmakers in Hong Kong’s LegCo, 30 are chosen by the 28 functional constituencies. As an example, the following are five functional constitu- encies: (1) Real estate and construction, (2) Tourism, (3) Financial services, (4) , and, perhaps the most powerful body in terms of its indi- vidual vote, (5) the Heung Yee Kuk. The Heung Yee Kuk is the statutory advisory council that represents Hong Kong’s rural residents and has only 155 members. With Hong Kong’s population at 7 million and, assuming every person’s vote counts, it would take 233,333 votes to get 1 legislator into office. The Heung Yee Kuk, on the other hand, has the power to get 1 legislator into office with only its 155 votes. Furthermore, voting in the functional constituencies does not disqualify an individual from voting as a private citizen in the geographical constituencies (where the population of 7 million votes and the system of ‘one man, one vote’ applies). 26 . Legislative Council, ‘Chapter 545A: Land (Compulsory Sale for Redevelopment) (Specification of Lower Percentage) Notice,’ Cap 545A, 2010, April 1, §3. 27 . Ibid. §4(1). 28 . ’s Chinese name in full is Lam Cheng Yuet-ngor. 29 . While it is unclear as to whether Lam is a fan of George Orwell, her point on fairness reifies the oft-quoted Animal Farm statement that, ‘All animals are equal, but some animals are more equal than others.’ Under all possible scenarios, it is difficult to see how landowners would have an equal footing at the negotiating table with a developer. The government has a media- tion service to iron out any differences, but the service comes at HK$3,000 (US$380) an hour, to be split between the two sides. Developers have, in a show of good faith, offered to pay the entire fee but, as legislator James To rightly notes, ‘Minority owners will still have to hire surveyors to help them argue for a reasonable price for their property. Simply paying the mediator’s fee wouldn’t help much to address the lack of balance.’ See Ng, ‘Developers offer to fund mediation,’ South China Morning Post , 2011, April 7. 30 . ‘Compulsory sale law no joke for flat owners,’ South China Morning Post, 2010, April 1. 31 . Rowse, ‘Early rumbles from the compulsory-sale volcano,’ South China Morning Post , 2010, May 4. 32 . Unsurprisingly, because they stand on ‘premium land,’ they also tend to be relatively well-kept. 33 . ‘Age should not figure in our buildings’ worth,’ South China Morning Post , 2010, October 28; Brinkley, ‘Compulsory purchase law has led to intimida- tion of flat owners,’ South China Morning Post , 2011, April 11. 34 . Ng, ‘Call for law on building sales to be publicised,’ South China Morning Post , 2010, October 28. 35 . Julian Poon’s Chinese name in full is Poon Yui-man. 36 . Ng, ‘Call for law on building sales to be publicised,’ South China Morning Post , 2010, October 28. 174 Notes

37 . Cheung and Ng, ‘Residents face pressure tactics,’ South China Morning Post , 2011, March 31. 38 . This is a finding from personal experience as I have seen two once-respect- able apartment blocks, each in different districts, left to such a fate. In both cases, as the environment became increasingly deteriorated, more and more gambling dens and flats used for prostitution started to move in. In Hong Kong, there is a law that stipulates that one prostitute working in one flat is legal but two or more prostitutes in one flat is not. Thus, prostitution ‘rings’ in these buildings tend to take up several apartments. 39 . Estate Agents Authority, ‘Acquisition of flats in old buildings,’ Circular No. 10–05 , 2010: 5. 40 . Ibid.: 4. 41 . For an overall look at the amount of land in developers’ hands that is still unused, also known as developer ‘land banks,’ see Kwok, ‘Property tycoons sit on massive land reserves,’ South China Morning Post , 2010, September 6. 42 . This strategy is unique to Henderson because it is more about building up the developer’s land bank than it is about building up the developer’s actual properties. 43 . Wong, ‘Henderson’s Lee has analysts’ backing in face of lawmakers’ ire,’ Bloomberg , 2010, July 22. 44 . In Chinese custom, the number ‘4’ sounds like the word ‘death’ and is considered to be extremely unlucky. 45 . The numbers ‘6’ and ‘8’ are considered auspicious in Hong Kong because they resemble the words for ‘luck’ and ‘prosperity’ respectively; thus, ‘68’ and ‘88’ are considered very lucky numbers. 46 . Leung, ‘The number’s up for developers who skip floors,’ South China Morning Post , 2010, April 17. 47 . , ‘Standardization of floor numbering,’ Practice Note for Authorized Persons, Registered Structural Engineers and Registered Geotechnical Engineers (ADV-3) , 2010: 1. 48 . Ibid.: 2. 49 . Legislative Council, ‘Chapter 123F: Building (Planning) Regulations,’ Cap 123F, 1997, June 30. 50 . The industry is supposed to be self-regulated with regulation enforcement being the jurisdiction of REDA. The problem with saying that the industry is completely self-regulated is that not all developers are members of REDA and do not come under its regulation and enforcement. 51 . Notes on this can be found at the Hermitage’s website (http://www. thehermitage.hk/eng/ ) under ‘The Treasure.’ 52 . Certainly there are enough buyers to warrant continuing down this path of ever-impressive amenities for developers. 53 . Midland Realty, ‘Living in Hong Kong,’ n.d. 54 . Chan and Ng, ‘Developers bid to reverse rules on floor area of flats,’ South China Morning Post , 2011, January 17. 55 . Ibid. 56 . Louis Loong’s Chinese name in full is Loong Hon-biu. 57 . Chan and Ng, ‘Developers bid to reverse rules on floor area of flats,’ South China Morning Post , 2011, January 17. 58 . Ng, ‘Developers allowed grace period on new floor area rules,’ South China Morning Post , 2011, February 1. Notes 175

59 . Ibid. 60 . Photographs are not allowed for designer show flats because it could be considered a copyrighted work. 61 . Government of the Hong Kong Special Administrative Region, ‘Photo-taking in show flats allowed in principle,’ Press Releases, 2010, April 26. 62 . Ibid. 63 . Wong, ‘Developer sorry for flat size error,’ South China Morning Post, 2011, April 23. 64 . It is not difficult to see when artistic liberties have been taken, especially in a situation in which development is complete but the developer continues to use artist’s impressions. 65 . Calvillo and Penaloza (2009); Newell, Wong, Cheung, and Rakow (2009). 66 . It should be noted that the queue was lengthened by the non-release of infor- mation. So many prospective buyers show up because they do not have the time to consider whether they actually want a unit in this development. They will only find out after they get in line. 67 . Having gone from development to development, lining up, and speaking with agents on an interest to purchase property, it is fair to say that the amount of pressure placed on an individual during these sale sessions is undue and immense. It is surprising how quickly one can go from the front of the line to seeing some flats to having a Sales Agreement placed waiting for a signature. 68 . A further cause of concern is that the guidelines do not stipulate whether show flats need to be in each other’s vicinity or not. An informant has noted that they have heard of some developers setting up unmodified show flats to meet guidelines but have located them away from the development and other more extravagant show flats. I have included this in a note because I have not been able to verify this information, although it is true that the guidelines do not make this stipulation. 69 . Real Estate Developers Association of Hong Kong, ‘REDA guidelines on sale of uncompleted residential properties – Nine additional measures,’ Sales Descriptions of Uncompleted Residential Properties , 2010: 1–2. 70 . Ibid.: 3. 71 . Ibid.: 1. 72 . Ibid.: 2. 73 . Ibid. 74 . Ibid. 75 . Ng, ‘Developers water down new rules on flat sales,’ South China Morning Post , 2010, June 22. 76 . Eddie Hui’s Chinese name in full is Hui Chi-man. 77 . Ng, ‘Developers water down new rules on flat sales,’ South China Morning Post , 2010, June 22. 78 . As previously noted, this is more accurately the 39th floor of the building. 79 . This was measured in gross floor area. If its sum was calculated by salable area, then the amount would stand at HK$88,000 (US$11,300). 80 . Cheng, ‘Henderson Land calls cancellations “standard”,’ Wall Street Journal , 2010, June 16. 81 . Legislative Council, ‘Full set of the exchange of correspondence between the and the Henderson Land Development Company Limited regarding the transactions involving 24 units of 39 Conduit Road,’ Exchange of Correspondence [CB(1) 2554/09–10(01)], 2010: 1–2. 176 Notes

82 . Ibid.: 3. 83 . Ibid.: 4. 84 . Ibid.: 6. 85 . Ibid.: 7. 86 . Ibid.: 8. 87 . Ibid.: 9. 88 . Ibid.: 11. 89 . Ibid. 90 . Ibid.: 18. 91 . Ibid.: 19. 92 . Some of these companies seem to have few qualms about making their intentions clear, with names such as Wealth Fast Limited and Maxgain Limited. 93 . Legislative Council, Exchange of Correspondence [CB(1) 2554/09–10(01)], 2010: 46. 94 . Ibid.: 47. 95 . Ibid.: 49. 96 . Ibid.: 50. 97 . Ibid.: 51. 98 . Ibid.: 56. 99 . This did not escape the attention of the Lands Department as can be seen from Ibid.: 83. 100 . Samuel Tsun’s Chinese name in full is Tsun Sin Man. 101 . Legislative Council, ‘Exchange of Correspondence [CB(1) 2554/09–10(01)],’ 2010: 84. 102 . Ibid.: 88. 103 . Ibid.: 89. 104 . Ibid.: 90. 105 . Ibid.: 92. 106 . Ibid. 107 . Ibid.: 93. 108 . Ibid.: 96. 109 . Ibid.: 99. 110 . Cheng, ‘Henderson Land calls cancellations “standard”,’ W all Street Journal , 2010, June 16. 111 . Ibid.; Lam, ‘Poll finds wide belief that Conduit Road sales were developer’s ploy,’ South China Morning Post , 2010, July 12. 112 . Webb, ‘Manipulation mania,’ Webb-Site , 2010, July 13. 113 . Webb, ‘Conduit controversy,’ Webb-Site , 2010, July 12. 114 . Webb, ‘Manipulation mania,’ Webb-Site , 2010, July 13. 115 . Lam, ‘Poll finds wide belief that Conduit Road sales were developer’s ploy,’ South China Morning Post , 2010, July 12. 116 . Legislative Council, ‘Exchange of correspondence [CB(1) 2554/09–10(01)],’ LC Paper No CB(1) 2554/09–10(01) , 2010: 92. 117 . Ambrose Lam’s Chinese name is in full is Lam San-keung. 118 . Leung and Wong, ‘Lawyer suspicious about similarities in flat cases,’ South China Morning Post , 2010, July 7. 119 . Legislative Council, ‘Exchange of correspondence [CB(1) 2554/09–10(01)],’ 2010: 103. Notes 177

120 . Wong, Chong and Ng, ‘Legco panel snubbed over Conduit Road flat sales,’ South China Morning Post , 2010, July 9. 121 . Legislative Council, ‘Exchange of correspondence [CB(1) 2554/09–10(01)],’ 2010: 105. 122 . Wong, Chong and Ng, ‘Legco panel snubbed over Conduit Road flat sales,’ South China Morning Post , 2010, July 9. 123 . Media outlets make the mistake of calling these companies, ‘shell compa- nies,’ which are companies that do not have any assets. A ‘shelf company,’ however, is a company that does not have any activity rather than any assets. The difference may seem trivial but it is important when talking about percep- tions because shell companies tend to be associated with criminal activity, whereas shelf companies are normally associated with convenience in starting up businesses (i.e., they are companies that can be obtained ‘off-the-shelf’). 124 . Wong, Chong and Ng, ‘Legco panel snubbed over Conduit Road flat sales,’ South China Morning Post , 2010, July 9. 125 . Webb, ‘Conduit controversy,’ Webb-Site , 2010, July 12. 126 . Ibid. 127 . Legislative Council, ‘Exchange of correspondence [CB(1) 2554/09–10(01)],’ 2010: 196. 128 . Ibid.: 19. 129 . Lam, Understanding the Political Culture of Hong Kong , 2004; Cheung, ‘The Hong Kong system under one country being tested,’ The July 1 Protest Rally , 2005; Lee and Chan (2008). 130 . Government of the Hong Kong Special Administrative Region, ‘LCQ3: Property transactions of the development project of “39 Conduit Road”,’ Press Releases, 2011, January 26. 131 . Ibid. 132 . Wong and Lui, ‘Hong Kong police seize documents in probe of Henderson Land property sales,’ Bloomberg , 2010, July 15. 133 . Ibid. 134 . Government of the Hong Kong Special Administrative Region, ‘LCQ3,’ Press Releases, 2011, January 26. 135 . ‘Rubbish dump’ flats is a media term used to describe the sale of flats at 38 Conduit Road (right down the road from this case), dubbed The Icon. The flats were supposed to be furnished luxury apartments but, to the horror of buyers, when they entered their new flats, some of the construction work was still incomplete and trash was strewn all over the property. The news broke on January 14, 2011. For the story, see Anon, ‘New HK$10m flat is a rubbish tip, says buyer,’ South China Morning Post , 2011, January 14. 136 . Macau Special Administrative Region (SAR) is the only other territory that has a functional constituency. Seeing that both are Chinese SARs, it is safe to consider this feature to be unique, although this is not to say that other jurisdictions in the world do not have political bodies with similar functions. 137 . See Goodstadt (2009); Loh (2010); Poon (2011). 138 . The last substantial case involving law enforcement knocking on developer doors was in 1971, when Chong Hing Mansion, developed by Liu Chong Hing Bank, was closed by court order and then-governor Sir David Trench called for an investigation to take place. 178 Notes

139 . Hong Kong’s wealth gap continues to widen. The last United Nations survey of the territory, in 2001, had the Gini coefficient at 0.525. The United States, in 2000, had a coefficient of 0.408 and , in 1998, was at 0.425. 140 . That is, taxation that has elements of a progressive tax system as well as a proportional tax system. 141 . Greig (1990); Littlewood, ‘Hong Kong’s exemplary tax system,’ Forbes , 2010, February 18. 142 . Littlewood, ‘Hong Kong’s exemplary tax system,’ Forbes , 2010, February 18. 143 . Webb, ‘Tax benefits,’ Webb-Site , 2004, March10. 144 . Noting that this is purely for illustration purposes, and there is nothing to be gained from knowing its true dollar value, no attempt has been made to convert these figures to US dollars. 145 . The ‘revolving door of government’ refers to the flow of personnel from regu- latory or legislative positions in government to corporations in industries that those positions were charged with regulating or legislating for, and vice versa. 146 . Sin, ‘Tsang’s civil unrest,’ South China Morning Post , 2008, August 9. 147 . Ibid. 148 . Government of the Hong Kong Special Administrative Region, ‘LCQ19: Control regime governing the taking up of post-service outside work by directorate civil servants,’ Press Releases, 2011, May 4. 149 . That is, the government makes a conscious decision to intervene in some cases, while in other similar cases it simply falls back on its policy of nonin- tervention. For a sample of the government’s back-and-forth on these issues, see Poon, Land and the in Hong Kong , 2011, Prologue. 150 . For the concept, see Schur (1973). 151 . Mei Foo Sun Chuen is an estate of residential blocks in Mei Foo district. ‘Sun chuen’ in Cantonese literally translates to ‘new village’ but implies that it is a ‘housing estate,’ which is the reason it is sometimes referred to as Mei Foo Estate. I have opted for Mei Foo Sun Chuen because that is the estate’s legal name. 152 . Tam, ‘Repeal a law which favors greedy property developers,’ South China Morning Post , 2010, November 18. 153 . Government of the Hong Kong Special Administrative Region, ‘LCQ3,’ Press Releases, 2011, January 26. 154 . As previously mentioned, these are The Icon’s ‘rubbish dump’ flats by Winloong Development. 155 . Ng, ‘Icon “rubbish dump” flat disputes resolved,’ South China Morning Post , 2011, Febraury 2. 156 . Ibid. 157 . A site with an unrestricted land lease is a site where the developer is not required to seek consent from the Lands Department to sell uncompleted flats. 158 . Development Bureau (2011: 14–15). 159 . This is implied from the residents’ accusations that the government hid the matter and did not inform them of progress as noted in the question on top of Development Bureau (2011: 14). 160 . Lee, ‘Developer claims damages over protests at Mei Foo site,’ South China Morning Post , 2011, April 22. 161 . Ng, ‘Activist finds New World links to Mei Foo project,’ South China Morning Post , 2011, May 10. Notes 179

162 . As long as there can be no real-world verification, it remains a theory. The investigation is difficult enough in common crime, but substantially more difficult for white-collar crime. 163 . Development Bureau (2011: 2). 164 . Government of the Hong Kong Special Administrative Region, ‘Residential Development near Phase 8 of Mei Foo Sun Chuen complies with Statutory Requirements and Lease Conditions,’ Residential Development Complies with Requirements and Conditions , 2011, April 3. 165 . See Goodstadt (2009, ch. V). 166 . Cheung, ‘ feels the pinch on wages,’ South China Morning Post , 2011, May 11. 167 . As demonstrated by the back-and-forth between the government and Henderson over 39 Conduit Road. 168 . Beijing, in ensuring that its authority is maintained in Hong Kong, often sends warnings out to ensure ‘harmony and stability.’ For a more compre- hensive understanding, see Loh (2010). 169 . Cheng was also chairperson of the Hong Kong Housing Authority. Her Chinese name is Cheng Yu-wah. 170 . Leung, ‘Minister comes under fire over HOS comments,’ South China Morning Post , 2010, May 5. 171 . Ibid. 172 . Liu, ‘HK homes out of reach for most,’ South China Morning Post, 2010, October 8. 173 . Cheung, ‘Growing wealth gap shows how HK is a city divided,’ South China Morning Post , 2011, May 11. 174 . See Goodstadt (2009, ch. XI); and Loh (2010, ch. 8).

5 Tokyo Connection: Comparative Insights for Hong Kong from Japanocentric Crime Theories

1 . Skidmore (1996). 2 . See, for example, Lo (2010). 3 . Miyazawa (1997). 4 . Braithwaite (1989). 5 . Bayley (1976); Westermann and Burfeind (1991). 6 . See works by Pontell and Geis (2007); Braithwaite (1989); and, Black (2004). 7 . Braithwaite (1989). 8 . Bayley (1976). 9 . Komiya (1999). 10 . Miyazawa (1997). 11 . Ibid.: 202–203. 12 . This term is taken from Komiya (1999). 13 . The full model and a more detailed description of the theory can be found in Braithwaite (1989: 101–104). 14 . Ibid.: 98–100. 15 . Ibid.: 100. 16 . Komiya (1999: 369). 17 . Ibid. 18 . Ibid. 180 Notes

19 . Ibid.: 387–388. 20 . Ibid.: 372. 21 . Ibid. 22 . Ibid.: 374. 23 . This takes a cue from Gottfredson and Hirschi (1990). 24 . A point noted also in Miyazawa (1997). 25 . Pontell and Geis (2007). 26 . Braithwaite (1989). 27 . Ibid.: 15. 28 . Ibid.: 13. 29 . Ibid.: 98–101. 30 . Ibid.: 14. 31 . Vagg (1998: 248). 32 . Ibid.: 100–101. 33 . Ibid.: 102. 34 . Ibid. 35 . Lemert (1951: 76). 36 . Ibid.: 102–103. 37 . Fisse and Braithwaite (1983: 246). 38 . If the link is made that certain behaviors should be considered crimes, then intolerance will undoubtedly spike. This was the case with corruption in Hong Kong. 39 . Braithwaite (1989: 137). 40 . Ibid. 41 . Ibid. 42 . Ibid.: 137–138. 43 . Ibid.: 139. 44 . At least proximate enough to be lumped together as an ‘East Asian city’ and ‘Confucian society,’ just as the United States and United Kingdom are often simply lumped into the category of ‘Western society.’ 45 . Braithwaite (1989: 56–57). 46 . Komiya (1999: 371). 47 . Ibid.: 376. 48 . Ibid.: 372. 49 . Ibid. Despite this statement, Komiya clarifies that the Japanese concept of ‘rights’ is a distortion of the Western conception as it is also linked to selfish- ness in the Japanese context. Insisting on rights is therefore an expression of individualistic selfishness. See Komiya (1999: 374). 50 . Ibid.: 374. 51 . Ibid.: 375. 52 . Ibid.: 378. 53 . Ibid. 54 . Ibid.: 372. 55 . Ibid. 56 . Kawashima (1963: 46). 57 . Ibid.: 381. 58 . Ibid.: 380. 59 . Ibid.: 381. 60 . Komiya (1999: 373, 384); Giddens (1990: 92). Notes 181

61 . Komiya (1999: 372). 62 . Ibid. 63 . Ibid.: 386. 64 . Ibid.: 375. 65 . This is an area that is increasingly becoming a concern for Hong Kong’s govern- ment, as noted in Government of the Hong Kong Special Administrative Region (2010: 15–19). 66 . Black (2004); Pontell and Geis (2007). 67 . Pontell and Geis (2007: 117). 68 . Ibid.; Black (2004: 603). 69 . Pontell and Geis (2007: 118). As stated in the introduction to this book, ‘struc- tural cloak’ refers to the bias in a society’s structure that leads its enforcers to not see or classify white-collar crime as crime, thereby making them invis- ible, so to speak. 70 . Pontell and Geis (2007: 118). 71 . Ibid.: 114. 72 . Ibid.: 113. 73 . Ibid. 74 . Ibid.: 115. 75 . Ibid.: 116. 76 . Ibid.: 117. 77 . Ibid. 78 . Ibid. 79 . Komiya (1999: 387). 80 . Pontell and Geis (2007: 115). 81 . Black (2004). The article makes a convincing argument that these strategies could largely be understood in the light of ethical failures in the Japanese government and business. 82 . Pontell and Geis (2007: 118). 83 . Investment banker-turned-political activist David Michael Webb’s webb-site. com is one of the more popular websites on Hong Kong governance that documents instances of corruption, insider trading, and other such offenses. 84 . Pontell and Geis (2007). 85 . Self-control in Pontell and Geis (2007); communitarianism in Braithwaite (1989); and, the imposed informal social control of giri in Komiya (1999). 86 . As demonstrated by the arguments of Komiya (1999). 87 . Komiya (1999: 380). 88 . Redding (1988); Yun, Why Low Crime Rate in East Asia?, 2005, November 15; Tan and Chee (2005). 89 . Tan (2006). 90 . Komiya (1999: 380). 91 . Cited in Ibid.: 385. 92 . This could explain why Hongkongers are known to be very critical. A good example of this is the chairman of the Independent Police Complaints Council, Jat Sew-tong, complaining about the public complaining too much about the police. Jat called it the city’s ‘complaint culture.’ See Ng, ‘Police on wrong end of “complaint culture”,’ South China Morning Post , 2010, May 18. 93 . Corruption is not actually defined in Hong Kong and is instead treated only as bribery. There is no consideration for other types of corruption, such as 182 Notes

gaming the system, collusion, and cronyism. See Independent Commission Against Corruption, Governance and Internal Control , n.d. 94 . See, as an example, Government of the Hong Kong Special Administrative Region, ICAC , 2010, April.

6 Hong Kong, Power, and White-Collar Crime Discourse

1 . Geis (1992: 36). 2 . Ibid. 3 . Pontell and Calavita (1993). 4 . Nguyen and Pontell (2010). 5 . Geis (1992: 36). 6 . Cited in Geis (1992: 38). 7 . There is a saying around Hong Kong’s English-speaking community: ‘The Americans invent it, the Japanese perfect it, and the Chinese fake it.’ Anything can be faked when it comes to the Chinese and, as a case in point, the Chinese bird’s-nest industry was recently found to have held a fake press conference on fake bird’s-nest soup using fake Malaysian representatives. See Li, ‘Merchants enlisted sham bird’s nest “experts”,’ South China Morning Post , 2011, August 17. 8 . Poon (2011, ch. 5). 9 . Hongkongers commonly see the study of white-collar crime as the study of corruption, fraud, and computer crime. 10 . As in the abuse of power and how they trigger demonstrations and cultivate a sense of distrust and unfairness. For public misgivings, see Lui (2005). 11 . Ku (2004: 661). 12 . Goetz (1997: 563). 13 . Fung, ‘July 1 march to target property prices, Tsang,’ South China Morning Post, 2011, April 5. It should be noted that ‘hegemony’ is how this word is normally translated in English. However, the Cantonese word for it, ‘ba kuen ’ is much more commonly used in daily speech and certainly does not sound as grand as the translated concept. A better approximation of the word in terms of its usage in English would have been ‘supremacy’ instead of ‘hegemony.’ 14 . Poon (2011). 15 . This is most shockingly illustrated by the phenomenon of cage homes in the city. 16 . See Brinkley, ‘Compulsory purchase law has led to intimidation of flat owners,’ South China Morning Post , 2011, April 11. 17 . See Wong, ‘Small flats, big prices, bigger disappointment,’ South China Morning Post , 2010, July 30. 18 . Quoted in Forti and Visconti (2007: 490). 19 . This law has been in the making for 15 years and has again been presented for discussion at LegCo. Still, there is a possibility that it may not go anywhere. See Cheung, ‘Business lobby wants competition law ditched,’ South China Morning Post , 2011, July 23. 20 . Goodstadt (2009 ch. V, paragraph 9). 21 . Ibid.: Introduction, paragraph 10. 22 . Ibid.: Conclusions, paragraph 28. Notes 183

23 . Ibid. 24 . Loh (2010, ch. 10, paragraph 5). 25 . Goodstadt (2009, conclusions); Loh (2010, ch. 10). 26 . Chong, ‘Most back police over protest clashes,’ South China Morning Post , 2011, August 4. 27 . Hong Kong Institute of Asia-Pacific Studies, Ꮦ⇥ᇡ⼎࿕䘞㸠ⳟ⊩䳏䁅䂓ᶹ [Telephone survey on residents’ views regarding protest marches], 2011, August 3. Lui Tai-lok also found the middle classes to be ‘reluctant radicals.’ See Lui (2005: 296). 28 . Gelinas (2008). 29 . Shover (2007: 94). 30 . Ibid.: 88. 31 . Goodstadt (2009, introduction, paragraph 8). 32 . Ip, ‘Painful truth hits home for building giants,’ South China Morning Post , 2011, August 14. 33 . Hong Kong Institute of Asia-Pacific Studies, Ꮦ⇥ᇡ佭␃Njഄ⫶䴌⃞njᛣ㽟䂓 ᶹ㌤ᵰᨬ㽕 [ Summary of findings on residents’ views on Hong Kong’s ‘property hegemony’ ], 2011, August 10. 34 . Anon, ‘Time for developers to accept new reality,’ South China Morning Post , 2011, August 12. 35 . Compare this with Anon, ‘ should not be a death sentence,’ South China Morning Post, 2011, June 25. This editorial is on an issue not discussed in this book because it is beyond the scope of 39 Conduit Road. The issue in question is the subdivision of apartment units for the poor by landlords. This can take the form of cage homes or ‘flats in flats,’ where one room in an apartment is leased to a family. The editorial discussed the case of the 2011 Ma Tau Wai fire that killed four people. See also Ng, ‘Killer blaze highlights the dangers of divided flats,’ South China Morning Post , 2011, June 16. 36 . Legislative Council, ‘Exchange of correspondence [CB(1) 2554/09–10(01)],’ LC Paper No CB(1) 2554/09–10(01) , 2010: 96. 37 . Poon (2011: 24). 38 . Shover (2007: 89). 39 . Ibid.: 90. 40 . Ibid.: 87. 41 . Wong, Chong and Ng, ‘Legco panel snubbed over Conduit Road flat sales,’ South China Morning Post , 2010, July 9. 42 . ’s Chinese name in full is Tong Ka-wah. 43 . Wong, Chong and Ng, ‘Legco panel snubbed over Conduit Road flat sales,’ South China Morning Post , 2010, July 9. The Powers and Privileges Ordinance is Chapter 382 of Hong Kong Ordinances. It gives LegCo privileges to compel the attendance of witnesses under specific circumstances. 44 . They are not crimes in this city, and it is a struggle to even classify them as wrongdoing. 45 . Gelinas (2008). 46 . Wong, Chong, and Ng, ‘Legco panel snubbed over Conduit Road flat sales,’ South China Morning Post, 2010, July 9. Part of the discussion revolved around how the government knew that Henderson Land’s reasons for absence were excuses; however, the discussion concluded with noting that it was the 184 Notes

developer’s right to reject the government’s request. This was true, but the focus on rights was eye-opening. 47 . Shover (2007: 91). 48 . Ibid.: 91–92. 49 . Menon, Morris, Chiu and Hong (1999: 714). 50 . Redding (1990: 53). 51 . Anson Chan was chief secretary under Chris Patten, the last British governor of Hong Kong. 52 . Studwell (2007: 173). 53 . Braithwaite (1989: 137). 54 . Quoted in Studwell (2007: 125). 55 . Redding (1990: 53). 56 . Poon (2011: 36). 57 . Ibid.: 29. 58 . Shover (2007: 92). 59 . Full message available at: http://www.reda.hk/ (Accessed on August 20, 2011) 60 . Legislative Council, ‘Exchange of correspondence [CB(1) 2554/09–10(01)],’ LC Paper No CB(1) 2554/09–10(01), 2010: 19. This quotation was also used in Chapter 4. 61 . Webb, ‘Conduit controversy,’ Webb-Site , 2010, July 12. 62 . Legislative Council, ‘Exchange of correspondence [CB(1) 2554/09–10(01)],’ LC Paper No CB(1) 2554/09–10(01) , 2010: 92. 63 . Wong, ‘HK homes the least affordable in world,’ South China Morning Post , 2010, April 20. 64 . Shover (2007: 86). 65 . Lui (2005: 296). 66 . Consider, for example, the Harvard Business School’s assessment of Li as ‘a lesson in integrity and adaptability.’ Find it here: http://cb.hbsp.harvard. edu/cb/product/405026-PDF-ENG (Accessed on August 21, 2014) 67 . Li and Ng, ‘Tang’s right about me, Li Ka-shing says,’ South China Morning Post , 2011, August 5. 68 . Sito, ‘Li worries about future of politicised city,’ South China Morning Post , 2011, March 30. 69 . Lam (2005: 320). 70 . Lam (2004: 213). 71 . Sito, ‘Buy now with rates low, Li urges,’ South China Morning Post, 2011, May 21. 72 . 39 Conduit Road is special because it also happens to be the building that housed the world’s most expensive apartment per square foot at the time. 73 . There is a strong but politically charged case for money laundering through Hong Kong by mainland Chinese government officials. This is tied to the problem of corruption in the mainland and could therefore be linked to white-collar crime. 74 . For all crime and order statistics on Hong Kong, go to: http://www.censtatd. gov.hk/hong_kong_statistics/statistics_by_subject/index.jsp?subjectID=16& charsetID=1&displayMode=T (Accessed on August 23, 2011). 75 . Goetz (1997: 559). 76 . Ibid. Notes 185

77 . Development Bureau, Response on NKML 25 R.P. and S.B, 2011: 2. 78 . Goetz (1997: 560). 79 . Goodstadt (2009, introduction, paragraph 10). 80 . The state of competitiveness in cities is measured by the China Institute of City Competitiveness in the annual China City Competitiveness Index. The 2009 report warned Hong Kong that it was soon to lose its top spot because other cities were prospering. The institute’s English website can be found here: http://www.china-citynet.com/yjh/en/index.asp (Accessed on August 23, 2011). The English website is admittedly limited in function, however. 81 . Studwell (2007: 173). 82 . This event was so significant in Hong Kong’s history under Chinese rule that the city’s political scientists and sociologists compiled a large-volume book based around it. See Cheng (2005). 83 . Mills (1959, ch. 1). 84 . Government of the Hong Kong Special Administrative Region, ‘LCQ3,’ Press Releases, 2011, January 26. 85 . The government has cleared small villages to make way for numerous reasons, including building a railway line or allowing a developer to build luxury housing. During these times, it appeals to groups trying to protect these villages and their villagers to discuss the issues ‘rationally’ rather than resort to demonstrations. See Ng, ‘Taking land from elderly squatters is unreason- able, protesters say,’ South China Morning Post , 2010, April 28. 86 . Calavita and Pontell (1994: 298). 87 . The previous administration, under Tung Chee-hwa, ended with a crisis of governance. This was primarily due to the Tung administration failing to balance these different interests. By pushing pro-business and pro-Chinese government policies and ignoring public sentiments, the Tung administra- tion essentially lost all its legitimacy to rule the people. This culminated in the protest by a half million people in July 1, 2003, which led to a decline in support all around from the business community and the Chinese govern- ment as well. See Chan, ‘Tung resigns,’ The Standard , 2005, March 2. 88 . Chong, ‘Protest march told to bypass Li Ka-shing’s headquarters,’ South China Morning Post , 2011, May 11. 89 . Meese (2007: 1545). 90 . A good example of such exploitation can be found in The Icon’s ‘rubbish dump’ flats. For a good way to understand how this was exploited, see Holland, ‘HK developers’ newest innovation in derivatives,’ South China Morning Post , 2011, January 21. Essentially, Holland explains how those ‘rubbish dump’ flats mimic the behavior of derivatives in the finance industry. 91 . Ku (2004: 648). 92 . Poon (2011: 29–44). 93 . Redding (1990: 53). 94 . Pontell and Geis (2007: 115). 95 . Redding (1990, Abstract). 96 . Lau (1981: 978). 97 . Komiya (1999: 372). 98 . The concept of face is one that is difficult to articulate but can be roughly tied to the concept of personal reputation. Losing face is therefore the loss of reputation in society. 186 Notes

99 . Outside of powerful families, this focus on maintaining face in the family has been blamed for the severe underreporting of child sex abuse cases in Hong Kong. See Lo, ‘Four girls aged under two abused as cases rise 76pc in seven years,’ South China Morning Post , 2011, April 16. 100 . Redding (1990: 52). 101 . Komiya (1999: 387). 102 . Redding (1990: 53). 103 . As an example of the concept of stakes in conformity in use, see Sherman, Smith, Schmidt, and Rogan (1992). 104 . Frank and Lynch (1992: 17) 105 . Geis (1993: 4–5). 106 . Cited in Coffee (1981: 386). 107 . For critique, see Cressey (1990: 31–55); and, as an example, see Bakan (2004). 108 . Schneider (1988); Ralston, Holt, Terpstra and Yu (1997). 109 . Ralston, Holt, Terpstra, and Yu (1997: 181). 110 . Poon (2011, ch. 5). 111 . Anon. ‘Website a good first step for watchdog,’ South China Morning Post , 2011, August 1. 112 . The li is a Chinese measure of distance. Today, it is standardized to the metric equivalent of 500 meters. 113 . From the Tao Teh Ching , Part II, 64.2.

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Index

academics collusion, 111 criminalization through, 54–6 common knowledge, 14, 132, 135 influence of, 56 comparative crime theories mission of, 49 black box (difficult to compare), point of view, 50, 72 119–20 real world different from, 55 comparability of different theories, resistance to new concepts, 72–3 121–2 scope of, 48, 55 contributions from Japan to Hong Kong, 131–2 Baker, John Jr., 27–30, 44–6, 54–5 white box (easily comparable), mislabelling violation as crime, 117–19 27–9, 38 competition Beccaria, Cesare, 135 cultural influence of, 2, 141–4 Biderman, Albert D., 71 lack of regulation, 135 Black, William, 61 complexity in business practices Blum–West, Steve, 71 evidence of innocence, 63 Braithwaite, John, 118, 123–5 method of concealment, 11–12, Broadhurst, Roderic, 1 63–4 compulsory sale law, 78 Caldwell, Robert, 22–5 Conduit Road, 75–6 criminological need for law, 22–4, stakeholders of 39 Conduit Road, see also Tappan, criminologists 75–6 agreement to law conspiracy theories law as full spectrum of crime, 24 American context, 67 response to, 48–54 Hong Kong context, 68–9 Campbell, Donald, 16 co-optation of , 137 capitalism corporate crime, 158 difference between Japan and corporate psychology, 60–1 America, 129 corruption state structural support of, 151–2 inconsistent justifications for, 61 Carter, Timothy J., 71 lack of robust definition, 34 case study, 14–16 low rates of, 1 case selection, 17 sweeping powers of ICAC, context conveyance, 16 33–5 investigation of nuances, 15 Cressey, Donald, 29 Chan, Ronnie (businessman), 146 criminalization Chow, Elton (architect), 77 punishment for poor business Christie, Nils, 55 decisions, 35 classism, 29–30, 56 use as political tool, 32 Clinard, Marshall B., 23 cultural explanations of crime in cloaking Japan, 119–20, 126–8 structural cloaks, 128–9 individual agency in Japan and Cohen, Stanley, 31 West, 126

199 200 Index debate moral neutrality in white-collar classical objections, 19, 25–6 crime, 13 mislabeling violation as crime, 27–8 over-criminalization, 11, see also modern objections, 26–7 debate deception sources of ambiguity, 10 floor numbering, 82–3 gross floor area, 83–8 redevelopment purposes, 77–8 green building features, 85 regulations to improve fairness, group mind of Chinese, 145–6, 155–7 93–4 utilitarian familism, 156 see also gross floor area; show flats; real estate developers, harm sales practices victimization from powerful, 55 definition Hartung, Frank E., 23 imprecision, 72 Hasnas, John, 12 lack of, 18 hegemony, property, 135, 140–2 legal white-collar crime, 69, 134 Henderson Land Development, nullifying power, 10 75, 95 problems with sociological annoyance at government, 101–3 definition, 27, 71 irregularities, 98–100, 104, 107 sociological white-collar crime, Hong Kong 69–70 anti-competitive society, 2 sociology vs law, 9, 43–6, 69–70 democracy, 115 depoliticization, discourse of, 149 judicial independence, 33 deregulation, 40 low crime rates, 2 Dewey, John, 72–3 similarity to Japanese society, 123, Domhoff, William, 67–8 130–1 duties of Confucian individuals, 126 social possibilities for conspiracies, 68–9 Edelhertz, Herbert, 44, 70, 134 Hong Kong government elites attitude towards common folk, concentration of power, 134–5, 140 114–15 definition, 3 functional constituencies, 78, 108, entitlement of, 147–50 138–9 pervasive arrogance, 144–7 geographical constituencies, 138 sociological bias against, 29 legitimacy maintenance, 150–3 Enron, 36, 64 paper tiger, 111 response to developers, 92, 106 Flyvbjerg, Bent, 15 structure, 3 Frank, Nancy K., 158 structure under British, 136–8 Friedman, Milton, 74 structure under Chinese, 138–40 Spouse, Rose, 74 Hughes, Gordon, 9

Geis, Gilbert, 14, 18, 128–30 insider trading, 10 Gelinas, Nicole, 28, 35, 63 invisible hand of the market, 26, 31, generative worlds theory, 141 35–6, 40, 63 Godber, Peter F. (police chief), 34 false confidence of investors, 36 Goodstadt, Leo, 136–8 rational market actors, 41, 65 Green, Stuart, 10 crime as morally reprehensible, 11 Komiya, Nobuo, 119–20, 126–8 Index 201 laissez faire, 92, 113–14, 137–9, 142, positive non-intervention, see laissez 151–3 faire Lam, Carrie (government official), 79 power Lam, Wai-man, 149 abuse of, 14, 133–4, 136 Lau, Siu-kai, 156 dimensions of, 150–3 Lee, Shau-kee (businessman), 75 inequality between perpetrator and legal systems victim, 58–9 differential laws for business, 40, legal ignorance of, 9 59–61 manipulation of culpability, 6 inaction in, 129 structure, see Hong Kong painting gray to white, 144, 153–5 government, structure; structure reluctance in prosecuting, 12 under British; structure under Leung, Chin-man (government Chinese official), 110–11 Li, Ka-shing (businessman), 145–6, real estate developers 149–50 intimidation of small landowners, Loh, Christine (government official), 79–82 139 sales practices, 88–92, 89–91 Lui, Tai-lok, 148 self-regulation, 67–8 Lynch, Michael J., 158 theatrics, see deception, redevelopment purposes market manipulation, 94, 103–4 withholding information, 91–2 market regulation, 62 Redding, S. Gordon, 145, 156 media redevelopment, 76 pressure to report status quo, 13 reintegrative shaming, 118–19, 123–5 Meese, Edwin III, 31, 40 Reiss, Albert J., 71 profit rationale to encourage research reporting, 42 bias, 16 Mei Foo Sun Chuen (housing generalizability, 17 estate), 112 methodology, 7, 14 mens rea, 45–6 sensitivity to context, 9, 51–2 crimes without, 58 statistical invisibility, 15, 155 Messner, Steven F., 2 theory and method, 15 moral panics, 31 white-collar crime challenges, 6, moral sentiments, 39, 57–8 8, 12 revolving door of government and natural movements of society, 65 business, 111 non-issue, 128 rights of individuals, 126, 144, 153–5 Rose, Nikolas, 14 Osborne, Thomas, 15 Rosenfeld, Richard, 2 over-regulation, 31, 57 rubbish dump flats, 108

Podgor, Ellen, 26, 43 Sanders, Joseph, 58 politics Sarkozy, Nicholas, 9 exaggeration of white-collar crime Schrödinger, Erwin, 72 incidences, 30–2, 56–7 self-regulation, 42, 153–4 interference from China, 32–3 Sellin, Thorsten, 22 Pontell, Henry N., 14, 128–30 Shapiro, Susan, 72 Poon, Alice, 135 Shaw, George B., 51 202 Index shelf companies, 105–6 white-collar crime Shover, Neal, 141–50 academic concept, 54–6 show flats, 88 ambiguity, 10 Skidmore, Max, 33–5 complement to traditional Stanley, Julian, 16 criminology, 48, 53 Sutherland, Edwin H., 18, 69 contributions to criminology, 48 accusation of bias, 28–9 definition, see definition, socialism, 29–30, 54 sociological white-collar crime understanding of crime, 48–9 identification of, 129–30, 159–60 influence of group mind, 157–9 Tappan, Paul, 18, 19–22 Japanese research, 14, 116–17 criminologists agreement to law, 20 lack of official recognition, 14, 155 lack of objective standards, 21–2 lack of research in Hong Kong, response to, 48, 51–4 13, 155 white-collar crime as non- non-existence, 18 academic, 21 origins, 18 tax havens, 9 power essential to discourse, 9 tax loopholes, 108–10 response to perception of lower- theories as mental constructs, 66 class criminal, 53 restorative justice for corporations, 42 Vidler, Michael, 24 resurgence, 52 sociological, 135, 161 Wand, Kelly, 10 sociological vs legal, see definition, war on business, 29–30 sociology vs law Webb, David (investor–activist), unfair treatment of perpetrators, 95, 103 59–60 Weber, Max, 50, 65 white-collar rationale, 36–8