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Wallis Wang
Former commerce and economic development chief Gregory So Kam-leung’s younger brother – incarcerated over a scam and money-laundering case – had his jail term extended to six years and three months after the Court of Appeal found his sentence too lenient.
Former legal clerk Kevin So Kam-wai, 44, was convicted on four counts of defrauding, using false documents and money laundering after he and a colleague used their clients’ property to take out HK$20 million mortgages from two money-lending firms.
So was sentenced to three years and 11 months in jail by deputy district judge Katherine Lo Kit-yee in March last year. But the Department of Justice filed a sentence review as it believed the sentence was too lenient.
Three Court of Appeal judges – Derek Pang Wai-cheong, Maggie Poon Man-kay and Anthea Pang Po-kam – agreed yesterday the original sentence was “obviously too lenient” and Lo was wrong in principle.
Pang said So should be jailed for nine years, but the case was heard at the District Court, which could only impose a maximum jail term of seven years. He also reduced So’s jail term by nine months as he is facing a longer jail term after the sentence review.
The court will hand down a written judgment to explain its decision within six months, Pang said.
The department told the court that Lo imposed a lenient sentence as So had paid off the mortgages before he was arrested. However, the two finance companies had told So they would report to police and that So only paid off the mortgage knowing he could be arrested, the department said.
The department also said there was no evidence to prove So had paid off the whole HK$20 million in mortgages, adding some of the loan was paid by So’s sister.
So’s behavior was a serious breach of trust as a legal clerk as he applied for large mortgages using his clients’ property despite the clients having no need for it, and he showed no remorse for his crime, it added.
Barrister Franco Kuan Bak-on said his client So did not intend to “permanently deprive” the finance companies of their assets. So intended to repay the mortgages, he said, adding he did not try to flee Hong Kong to avoid the debts.
But the judges refused Kuan’s efforts to get the term reduced, saying what he said was a “bold statement.”
So’s codefendant, Jacky So Yun-yue, 52, was earlier sentenced to two-and-a-half years, which he appealed, saying he was used by his colleague.
His appeal was rejected by the judges yesterday.
wallis.wang@singtaonewscorp.com
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