Page:HKSAR v. Wun Shu Fai (CACC 48-2015).djvu/12

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in Billy Kay to obtain an immunity from prosecution[1] and then, when those efforts came to naught, to obtain a reduction in sentence. Secondly, that Billy Kay had sought a ‘plea bargain’ with the prosecution, in which he would plead guilty only to a count of conspiring to pervert the course of justice and not to a count of a conspiracy to throw corrosive fluid on Mr Mitchell.[2] Thirdly, that in his attempts to obtain a reduction in sentence, he asserted repeatedly that he had direct evidence against Kong Hon Yui[3], whom he alleged to be the mastermind of the conspiracy.[4]


  1. ETMC-18; letter dated 14 May 2010, page 41:

    “However, after I met with Leung Sir in the afternoon of 13 May 2010, I have stated clearly that my defence lawyer will negotiate with the Department of Justice for me once more as to whether I could be given the status of an immunity witness. This is what I have been hoping for most ever since I was arrested and cooperated with the police…

    Because after I was arrested, the Police had said that as long as I fully cooperated and disclosed all the persons involved and their connections, (you) would ask for an immunity witness status for me as a first priority, is that right? However, it turned out that I became a tainted witness. This has made me very upset all along.”
  2. ETMC-18; letter dated 24 November 2010, page 49:
    “But I also hope that you could help me once more by persuading your supervisor to have mercy so that I would be charged with a lesser offence. Please help me to plead for leniency from the Department of Justice. As long as the Police permits me to plead guilty to the second charge, perverting the course of justice, and not laying Charge 1 against me, I would be most grateful and faithfully testify against Kong Hon-yui and Lai Kwok Leung.” [Italics added.]
  3. ETMC-18; letter dated 28 October 2011, page 54:
    “my determination to assist the Prosecution to testify against Kong Hon-yui has never changed. I vow to guarantee that I can definitely identify Kong Hon-yui even if he has turned into ash. I will not forget his tone and expression when he told me to take action quickly.” [Italics added.]
  4. ETMC-18; letter dated 28 October 2011, page 55:
    “…when will I take part in identification and testify against the culprit behind the scene, Kong Hon-yui?”