Executive acquitted of murdering mistress

Former company director Ivan Chan Man-sum, who was serving a life sentence for killing his mistress Chun Ka-yee in 2011, was acquitted of murder by a High Court jury before Judge Albert Wong Sung-hau in his third trial.

Chan, 49, was convicted of murder twice in 2015 and 2017 at the High Court and sentenced to life imprisonment for having killed his mistress, stuffed her body in a nylon bag and dumped it in a refuse collection center in Tseung Kwan O.

A jury of four men and five women yesterday deliberated for nearly four hours before unanimously acquitting him of murder. They found Chan guilty of manslaughter, however, and said he killed Chun, then 33, after being provoked.

Judge Wong adjourned the case to today for sentencing as he needed time to consider Chan's jail term.

A surprised Chan burst into tears upon hearing the jury's decision.

His lawyer, senior counsel Charlotte Draycott, said Chan has been jailed for nine years and the case has destroyed his career and family as he hasn't seen his two sons since being arrested.

Manslaughter charges usually see sentences of between six to nine years, Draycott said, appealing to the court to release Chan after the acquittal.

But the prosecution said Chan could be sentenced to 12 years in jail.

The court heard that Chan and Chun met in 2006 in a nightclub and started dating in 2008 despite Chan being married. He also spent HK$1.5 million to help Chun buy an apartment at Amoy Gardens in Kowloon Bay. But Chan's wife discovered the affair in 2011 and their relationship soured.

In his defense, Chan said he went to Chun's apartment to break up with her on October 6, 2011, but Chun became emotional and threatened him.

Chan recalled Chun telling him: "I won't let you go. I'll tell the media about our affair and let newspapers publish our photos. I'll also tell your company that you told me about stock trading information to put you out of the job and ruin your reputation."

She also threatened to make Chan's wife commit suicide and go after his children, Chan said.

He said they fell to the ground after Chun slapped him and he pressed his body against her to make her "shut up." He then lost control and pressed against her face and throat.

"I couldn't think of anything in the moment," Chan told the court. "When I pressed her nose and mouth, I felt like something inside my body burst as if I was a dam hit by water.

"I didn't intend to kill Ka-yee when I went to her apartment. I only did that because I lost control of myself after she said those things and hit me. I wanted her to be quiet."

In guiding the jury, Wong said jurors could only find Chan guilty of murder if they did not agree that Chan was provoked into killing.

Chan was tried for the first time in 2015 in the High Court, when a jury found him guilty and the judge sentenced him to life in prison. He appealed against the judgment but failed to clear himself of murder in a second trial in 2017. This time he was acquitted after a 17-day trial which started on February 3.

wallis.wang@singtaonewscorp.com