Staff reporter
A High Court judge yesterday dismissed a judicial review filed by Roy Cho Kwai-chee, Convoy Global's former executive director, who earlier applied to the court to award legal costs in favor of him
Cho, along with other two ex-Convoy executives, had been accused of conspiracy to defraud and making false statements from 2016 to 2017.
Cho was acquitted in 2020 after the trial but the judge had declined to award costs in favor of Cho as he had brought suspicion on himself by his conduct.
Cho earlier applied for judicial review to challenge the cost decision and the High Court judge said yesterday that none of the grounds for review was established after a detailed examination, adding that the trial judge had the power to refuse the application for costs.
In April 2016, Cho suggested that Convoy acquire True Surplus International Investment but failed to disclose that he held a 55 percent stake in the firm.
Convoy's subsidiary spent HK$89 million to acquire True Surplus later.
District Court judge had ruled Cho was acquitted because the evidence by prosecutors was not sufficient to prove deception as Cho's shareholding in True Surplus was a public record.
However, the judge declined to award costs in favor of Cho.
Under Cho's application for review, it claimed that several Convoy board members were aware of Cho's de facto role as a director during the prosecutors's evidence presentation, therefore Cho did not bring suspicion on himself by his conduct, adding that the prosecution was initiated solely due to a misunderstanding by the Department of Justice.
The judgment yesterday believes the essence of the charge was Cho had failed to disclose or had concealed various matters from the board members.
The fact that some members of the board might have acquired knowledge of those various matters was not the result of Cho's formal disclosure and the prosecution was not unreasonable, the ruling said.
Roy Cho was acquitted in 2020, of conspiracy to defraud and making false statements.
SING TAO
