LEGAL DEPT 852-5-8690236
500 F10/14
Attorney General v. Mohamed Hashim Shamsudin (Cons, V.-P.)
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It is not suggested that the respondent, who is a qualified chartered accountant, was unaware that what he was doing was wrong. We wish to emphasize that the highest standards of integrity are required of anyone coming to Hong Kong to carry on business or practise a profession, as in the case of the holders of public office, civil servants and the police.
Taking into consideration the various matters we have just canvassed the appropriate sentence on each count would, in our opinion, be five years' imprisonment, the terms to run consecutively as between counts one and two, and again consecutively as between counts three and four. But for the reason we gave earlier we think it right that the two sets of sentences should run concurrently for a period of five years.
Finally, in this respect, we have to look it the resulting figure of fifteen years to see whether in all the circumstances it is just and appropriate. We are satisfied that it is. Nevertheless effect still has to be given for the discretionary allowance reflecting the one year spent in England. As a matter of conven ence that may best be done by increasing the overlap to six years. And we shall also have to make a further substantial reduction, as this D D Court always does in these circumstances, to reflect the unusual nature of its jurisdiction to
review.
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We must first return to the mandatory provisions of s. 12(c) of the Prevention of Bribery Ordinance. In what we are told are genuine efects to recompense the Bank for the monies which he corruptly received for defrauding it, the respondent, and the adult members of his family, assigned to the Bank, late last year, their interest in a discretionary trust in favour of the whole family. But in the absence of the trust deed, a statement of the trust assets and convincing evidence of the trustees' willingness to exercise their discretion in favour of the Bank, it is difficult to appreciate the value of those efforts. We have not been told of any success achieved so far. Furthermore, as we understand that the trust is situate in Jersey, F F subject to the laws thereof, and already under attack by the Bank and others, the area of
uncertainty is very much increased.
Apart from this matter there has been no evidence as to the respondent's means save that he has paid HK$230,000 towards the costs of the prosecution; with, we are told, the proceeds of a tax refund. In the circumstances we think it appropriate to make only G nominal orders under the section of HK$1,000 each in favour of the Bank under counts
three and four respectively.
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Accordingly, the conditions required by s. & IB(1)(a) of the Criminal Procedure Ordinance being satisfied, we grant the application for review, set aside the orders made below and in their stead make orders that the respondent shall be imprisoned on each count for a term of four years, the terms on counts one and two to run consecutively, and the terms on counts three and four to run consecutively. The consecutive terms on counts three and four shall commence two years after the commencement of the consecutive terms on counts one and two, making a total period of imprisonment of ten years. In addition the respondent shall pay to the Bank Bumiputra Malaysia Berhad the sum of HK$1,000 in respect of each of counts three and four.
Application granted Orders accordingly.
D.J.L.