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Jerry Lui

Jerry Lui Kin-hong (呂健康) is a former

transfer of sovereignty over Hong Kong, but the ruling was overturned on appeal. Before the case against him was heard in Hong Kong, one of the prosecution witnesses was murdered in Singapore
. Prosecutors were nevertheless able to secure a conviction against him, and the judge who heard the case commented that evidence presented in court pointed to widespread awareness among BAT management of employee involvement in smuggling.

Personal life and career

Extradition from the United States

Arrest

Lui was arrested by

Federal Bureau of Investigations officers on 20 December 1995 at Boston's Logan International Airport after getting off a flight from Manila.[1]

Lui wanted to serve his house arrest in a rented condominium at One Devonshire Place in Boston's financial district, and to be placed under armed guard for his own safety; residents of the building objected. A federal judge initially had a favourable reaction to Lui's suggestion, but eventually rejected it.[2][3] In May 1996, Judge Joseph L. Tauro of the District Court granted bail to Lui on the grounds that the extradition process could not be completed before the 1 July 1997 transfer of sovereignty over Hong Kong and that extradition could not proceed at all after that date, but judges Juan R. Torruella, Norman H. Stahl, and Sandra Lynch of the First Circuit overturned the decision and ordered that Lui remain in custody until the hearing.[4]

Hong Kong judicial review

While Lui was still in the United States awaiting his extradition hearing, he applied for

United States Consulate-General, including a witness statement from the late Tommy Chui, which the consul-general certified as "legally authenticated so as to entitle them to be received in evidence for similar purposes by the courts in Hong Kong". However, while statements of dead persons are admissible as evidence in U.S. courts, they are not so admissible in Hong Kong courts, and so Judge Raymond Sears ruled that the Attorney General's action had been procedurally unfair. The Attorney General appealed the ruling, Attorney General v. Lui Kin-hong, Jerry, CACV 125/1996; Judge Barry Mortimer overturned Sears' decision, ruling that the Attorney General's action was not unlawful under Hong Kong law and that there had been no procedural unfairness.[5]

District Court

Judge

William & Mary School of Law described it as an example of "the nationalist impulse to subordinate the United States’ international obligations to transitory foreign-policy interests".[7]

Appeal to the First Circuit

Lui remained in prison pending the outcome of the U.S. government's appeal. Andrew Au of the Alliance for Hong Kong Chinese in the United States filed an amicus brief in support of Lui, stating that China's guarantee of autonomy for Hong Kong was "not worth the paper it's written on".[8]

Prosecution witness murdered

Tommy Chui To-yan was murdered in Singapore in 1995. His death nearly led to the collapse of the case against Lui.[9]

The last of the conspirators in the murder, Cheng Wui-yiu (鄭會耀), fled to mainland China, but was returned to Hong Kong in August 2003.[10] In HKSAR v. Cheng Wui-yiu, HCCC 43/2004, he was convicted of conspiracy to commit murder (Offences Against the Person Ordinance (Cap. 212) § 5) and conspiracy to assist a person to retain the proceeds of an indictable offence (Organised and Serious Crimes Ordinance (Cap. 455) § 25).[11] Cheng appealed his conviction, but Judge Michael Stuart-Moore ruled in December 2007 in CACC 532/2004 that both the conviction and the life sentence were valid.

Return to Hong Kong

Independent Commission Against Corruption assistant director of operations Tony Godfrey escorted him back to Hong Kong.[12] In September 1997, Justice Pang Kin-kee set Lui's trial date for March 1998.[13]

Imprisonment and aftermath

BAT was believed to be waiting for the Department of Justice to recover its own $10 million costs from Lui before beginning any recovery proceedings against Lui.[14] By June 2003, the Department of Justice was still finalising its costs, but BAT indicated that despite the delays it still intended to recover the money Lui owed it, and to donate it to charity.[15] In 2004, the Department of Justice applied for a bankruptcy order against him.[16]

References

Notes

  1. ^ "Bribe suspect arrested at Logan". Boston Globe. December 22, 1995. Retrieved June 8, 2013.
  2. ^ Ranalli, Ralph (April 13, 1996). "Devonshire residents rip proposed house arrest". Boston Herald. Retrieved June 8, 2013.
  3. ^ Ranalli, Ralph (April 23, 1996). "Suspect gets house arrest while fighting extradition". Boston Herald. Retrieved June 8, 2013.
  4. ^ Buddle, Cliff (May 16, 1996). "Bail ruling overturned by US court". South China Morning Post. Retrieved June 10, 2013.
  5. ^ "Judicial Review of Request for Extradition" (PDF). Commonwealth Legal Assistance News (18): 5. April 1997. Retrieved June 10, 2013.{{cite journal}}: CS1 maint: date and year (link)
  6. ^ "U.S. may appeal against extradition block". Kingsport Daily News. January 13, 1997. Retrieved June 8, 2013.
  7. ^ Criddle 2004, p. 457
  8. ^ Matza, Michael (January 30, 1997). "Jailed Executive Fears A Possible Handover To China". The Philadelphia Inquirer. Retrieved June 10, 2013.
  9. ^ Campbell, Duncan; Beelman, Maud S.; Schelzig, Erik J. (February 2, 2000). "Paper trail to the markets of the East: Papers leave little doubt that company's top directors and executives were far from blind to smuggling activities". The Guardian. Retrieved June 10, 2013.
  10. ^ "HK: Cigarettes can kill you - especially when smugglers fall out". World Money Laundering Report. August 10, 2003. Retrieved June 10, 2013.
  11. ^ "Man found guilty in 1995 murder conspiracy case". The Standard. December 9, 2004. Retrieved June 10, 2013.
  12. ^ Fraser, Niall. "Tobacco fugitive finally extradited". South China Morning Post. Retrieved June 10, 2013.
  13. ^ Buddle, Cliff (September 16, 1997). "Trial date set for ex-tobacco boss". Retrieved June 8, 2013.
  14. ^ Fraser, Niall (November 10, 2002). "Tobacco giant reluctant to claim $20m". South China Morning Post. Retrieved June 10, 2013.
  15. ^ Michael, Peter (June 10, 2003). "Tobacco giant seeks $21m from disgraced official". South China Morning Post. Retrieved June 10, 2013.
  16. ^ "呂健康獄中破產 (Lui Kin-hong went bankrupt in prison)". January 6, 2004. Retrieved June 10, 2013.

Bibliography

Foreign Investors Tax Act

Quant18/sandbox
Title 26
Legislative history
  • Introduced in the House as H.R. 13103
  • Passed the Senate on October 13, 1966 (58–18)
  • Signed into law by President Lyndon B. Johnson
on November 13, 1966

The Senate voted to pass the bill 58–18 on October 13, with 45 Democrats and 13 Republicans voting "aye", 10 Democrats and 8 Republicans voting "nay", and a further 10 Democrats and 8 Republicans casting no vote.[1] The House declined a Republican motion to recommit the conference report in a 95–127 vote, and then adopted the coneference report in a 171-46 vote, though majorities of both parties cast no vote on the adoption.[2][3] Nine days later, the Senate voted in favor of the conference report as well, though with much less support than their initial vote, in particular from Republicans: 29 Democrats and 2 Republicans voted "aye", 13 Democrats and 9 Republicans voted "nay", and 23 Democrats and 10 Republicans cast no vote.[4] President Lyndon B. Johnson signed the act into law on November 13, though he voiced criticism of amendments offering tax breaks, stating that they "do not promote a fair and sound tax system" and that "I deeply regret that these riders have been engrafted on this vital legislation".[5]

References

Inchon Prize

The Inchon Prize is a South Korean award to honour individuals and organisations for outstanding contributions in education, commerce and technology, journalism, public service, literature, and natural sciences. It was established in memory of former Vice President Kim Seong-su

Year Education Commerce & technology Journalism Public service Literature Academia
1st (None) (None) 전 씨의 소리 Ham Seok-heon Kkottongnae Foundation (재단법인 꽃동네) Novelist Hwang Sun-won Korea University medical professor Yi Ho-wang (이호왕)
2nd Former Baemyung Academy (배명학원) principal Jo Yong-gu (None) (None) (None) Poet Pak Tu-jin Former Seoul University archaeology professor Kim Won-yong
3rd (None) Former Korea Glass Industries (한국유리공업) president Choe Tae-seop (None) Former 자유재활원 president Choe Gwi-hui Novelist Kim Seong-han (김성한) Seoul University agriculture professor Yi Eun-ung
4th 전 인성개발연구원 대표이사 이상훈 (None) (None) (None) Novelist
Park Kyung-ni
Lee Ki-baek
5th (None) Former
Kia Group (기아그룹) president Kim Seon-hong
Commentator Bak Gwon-sang (박권상) Former Korea Deaf Service Association (한국농아복지회) president Kim Gi-chang (김기창) Poet Baek Jae-sam (박재삼) Hanyang University professor emeritus Baek Yong-gyun
6th Daegwang Academy (대광학원) vice-principal Yi Chang-ro (None) Christian Broadcasting System (기독교방송) Wilson Leprosy Center and Rehabilitation Hospital (여수 애양 재활병원) director 유경운 Children's author Yun Seok-jung (윤석중) Seoul University professor emeritus Kim Tae-gil (김태길)
7th Sogang University Former Anam Group (아남그룹) honorary president Kim Hyang-su Book publisher Ilchokak (일조각) president 한만년 (None) (None) KAIST professor 이주천
8th 전 이화여대 사범대학장 김애마 (None) (None) Family of Yonsei University founder Horace Grant Underwood Novelist Choe Il-nam Former Dongguk University philosophy professor Yi Gi-yeong
9th 전 서울대 교육학 교수 임석재 Dongwon Industries (동원산업) president Kim Jae-cheol (None) (None) Poet Pi Chun-deuk Sogang University chemistry professor emeritus Yun Neung-min
10th 수봉재활원원장 김동극 일진그룹회장허진규 (None) 수녀 강성숙 Poet Kim Jong-gil (김종길) KAIST professor emeritus Bak Song-bae
11th Konkuk University president Hyeon Seung-jong (현승종) Former
Sambo Computer president Yi Yong-tae
(None) (None) (None) Korea University professor emeritus Jo Gi-jun
12th (None) (None) (None) Pulmuone president Won Gyeong-seon Poet
Kim Chun-su
(None)
13th National Academy of Sciences (학술원) member Kim Jong-cheol (김종철) (None) (None) (None) (None) National Academy of Sciences (학술원) member Yi Sang-su
14th (None) AhnLab founder Ahn Cheol-soo Former Iljisa president Kim Seong-jae Former Gwangju YWCA honorary president Jo A-ra Novelist Pak Wan-suh (None)
15th 양정고등학교 교장 엄규백 Hanyang University professor emeritus 강명순 (None) (None) (None) Yonsei University Medical School professor 이현철
16th (None) 삼성전자 상임고문 윤종용 (None) 다운회 다운센터 소장 전봉윤 Former Yonsei University professor 유종호 (None)
17th Hallym University professor 정범모 (None) Minumsa (민음사) representative 박맹호 (None) Novelist
Lee Cheong-jun
Sungkyunkwan University professor emeritus 박종현
Year Education Commerce & technology Journalism Public service Humanities, social sciences, and literature Naturali sciences
18th 이화학당 honorary president 정의숙 LG Electronics vice-president 김쌍수 (None) 청원 금관보건진료소장 한명자 Korea University professor emeritus 김충렬 Seoul University physics professor 임지순
19th (None)
Kia Motors
president 정몽구
관훈클럽 (None) Korea University professor emeritus 김우창 (None)
20th 바이오 산업협회 회장 조완규 POSCO president 이구택 Book publisher Youlhwadang representative 이기웅 사회복지법인 평화의 마을 대표 김종태 Yonsei University special visiting professor 박이문
Kyunghee University
physics professor 장진
21st Former Korea University president 김정배 GS Caltex president 허동수 Sejong University professor 남시욱 Youngnam General Hospital (영남종합병원) chief surgeon 장순명 Former Hallym University Hallym Academy of Sciences professor Go Beom-seo 한국과학 기술원 교수 강석중
22nd KAIST president Suh Nam-pyo 녹십자 대표 이사 회장 허영섭 한국외국어대 professor emeritus 정진석 (None) Sogang University professor emeritus 차하순 Seoul University physics professor 국양
23rd 대원학원 이사장 이원희 현대중공업 사장 최길선 (None) 태화샘솟는집 Korea University professor emeritus 김화영 Pohang University of Science and Technology life sciences professor 황인환
24th (None) 대덕전자 회장 김정식 Former
Dong-A Ilbo
부국장 이명동
대한주부클럽 연합회 회장 김천주 (None) Yonsei University chemistry professor 천진우
25th Seoul Girls' Commercial High School (서울여자상업고등학교) 호남석유화학 대표이사 정범식 (None) 푸르메재단 이사장·‘우리마을’촌장 김성수 Novelist
Kim Ju-yeong (김주영
)
인하대 교수 강현배
26th Seoul Science High School Samsung Electronics vice-president 권오현 (None) 가천길재단 회장 이길여 Sungkyunkwan University professor emeritus 임형택 KAIST professor 김은준

External links