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James Ting, former chairman of Semi-Tech, was
sentenced to six years in prison for his role in Hong Kong's biggest financial
collapse, in which some US$1.8 billion (HK$14.04 billion) in cash and assets
disappeared.
Ting, who controlled 44 percent of the voting shares in the consumer electronics
and sewing machine maker, was convicted Wednesday on two relatively minor false
accounting charges by a High Court jury. The charges related to a HK$300
million faked investment in MicroMain Systems Limited.
Yesterday Justice Clare-Marie Beeson sentenced Ting to two six-year jail terms
to run concurrently. She also barred Ting from serving as a company director
for 12 years. The investigation was hampered by the difficulties prosecutors
faced in obtaining evidence. Ting refused to return to Hong Kong to meet police
or liquidators for five years, documentary evidence from his companies went
missing and other Semi-Tech directors refused to testify.
Speaking after the sentencing, Senior Superintendent Armond Chan of the
Commercial Crimes Bureau said the CCB had narrowed the case down to its "best
evidence,'' dropping earlier additional charges brought in a lower court. Chan
said the bureau scaled back the charges in a bid to save time, citing lessons
it learned from its 13-year legal battle against tycoon Lee Ming-tee of
property and financial services company Allied Group, who finally pleaded
guilty to publishing false accounts following a deal last year. Prosecutors
agreed to drop four other charges.
But in Semi-Tech's case, there may be more to come. "The CCB is considering
further charges with the Department of Justice and the investigation is
continuing,'' Chan said.
Questions remain as to the role of other Semi-Tech directors, accounting firm
Ernst & Young which audited Semi-Tech's books, not to mention the
whereabouts of the vast sums which disappeared from the group, some of it going
to other companies that are still in business.
In a court case at the end of last year, liquidator RSM Nelson Wheeler said it
hoped to investigate a series of transactions which took place not long before
the liquidation of Semi-Tech subsidiary Akai, in which valuable assets of the
Akai group ended up under the control of companies of Grande group, described
as a Bermudan electronics firm.
Semi-Tech, which took over faded brands such as Japanese electronics makers Akai
and Sansui and resurrected them, ran into trouble after its acquisition of the
venerable Singer Sewing Machine Company of the United States.
After Semi-Tech's collapse in 2000, virtually all that remained of Hong
Kong-listed Akai Holdings was US$1.72 billion in debt, though at its peak in
1996 the company manufactured six million television sets a year.
Police and liquidators found few clues to the mystery of the missing assets from
the accounts of listed investment arms Akai Holdings and Kong Wah Holdings,
which, through its 35 percent stake in Shenzhen-listed Konka Group, was once
the largest TV maker in Asia outside Japan.
Creditors will now get a chance to press Ting directly about the whereabouts of
missing assets. He refused to cooperate with them while under criminal
investigation, but last Monday told the court: "I have told the liquidators
that I will see them as soon as this case is over.''
The false accounting was allegedly aimed at staving off action that would
otherwise have been available to creditors. Testimony from six banks stated
that had they known accounts were falsified they would have taken steps to
recover loans made to the Semi-Tech group.
daniel.hilken@singtaonewscorp.com
albert.wong@singtaonewscorp.com
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