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=Jerry Lui= Jerry Lui Kin-hong (呂健康) is a former British American Tobacco executive in Hong Kong who was convicted of receiving bribes from independent traders who smuggled cigarettes into mainland China. Lui's case had a number of far-reaching international implications. A United States court refused to certify that he was extraditable to Hong Kong due to doubts about the legal status of the extradition treaty after the 1997 transfer of sovereignty over Hong Kong, but the ruling was overturned on appeal. Before the case against him was heard in Hong Kong, one of the prosecution witnesses was murdered in Singapore. Prosecutors were nevertheless able to secure a conviction against him, and the judge who heard the case commented that evidence presented in court pointed to widespread awareness among BAT management of employee involvement in smuggling.

Arrest
Lui was arrested by Federal Bureau of Investigations officers on 20 December 1995 at Boston's Logan International Airport after getting off a flight from Manila.

Lui wanted to serve his house arrest in a rented condominium at One Devonshire Place in Boston's financial district, and to be placed under armed guard for his own safety; residents of the building objected. A federal judge initially had a favourable reaction to Lui's suggestion, but eventually rejected it. In May 1996, Judge Joseph L. Tauro of the District Court granted bail to Lui on the grounds that the extradition process could not be completed before the 1 July 1997 transfer of sovereignty over Hong Kong and that extradition could not proceed at all after that date, but judges Juan R. Torruella, Norman H. Stahl, and Sandra Lynch of the First Circuit overturned the decision and ordered that Lui remain in custody until the hearing.

Hong Kong judicial review
While Lui was still in the United States awaiting his extradition hearing, he applied for judicial review against the Attorney General for Hong Kong regarding the legality of the extradition request:. The Attorney General had provided evidence about Lui's case to the United States Consulate-General, including a witness statement from the late Tommy Chui, which the consul-general certified as "legally authenticated so as to entitle them to be received in evidence for similar purposes by the courts in Hong Kong". However, while statements of dead persons are admissible as evidence in U.S. courts, they are not so admissible in Hong Kong courts, and so Judge Raymond Sears ruled that the Attorney General's action had been procedurally unfair. The Attorney General appealed the ruling, ; Judge Barry Mortimer overturned Sears' decision, ruling that the Attorney General's action was not unlawful under Hong Kong law and that there had been no procedural unfairness.

District Court
Judge Joseph L. Tauro quashed the extradition order in his ruling on 7 January 1997. Tauro's decision was widely criticised. The U.S. consulate in Hong Kong indicated its dissatisfaction with Tauro's decision in a statement two days later. Evan Criddle of the William & Mary School of Law described it as an example of "the nationalist impulse to subordinate the United States’ international obligations to transitory foreign-policy interests".

Appeal to the First Circuit
Lui remained in prison pending the outcome of the U.S. government's appeal. Andrew Au of the Alliance for Hong Kong Chinese in the United States filed an amicus brief in support of Lui, stating that China's guarantee of autonomy for Hong Kong was "not worth the paper it's written on".

Prosecution witness murdered
Tommy Chui To-yan was murdered in Singapore in 1995. His death nearly led to the collapse of the case against Lui.

The last of the conspirators in the murder, Cheng Wui-yiu (鄭會耀), fled to mainland China, but was returned to Hong Kong in August 2003. In, he was convicted of conspiracy to commit murder and conspiracy to assist a person to retain the proceeds of an indictable offence. Cheng appealed his conviction, but Judge Michael Stuart-Moore ruled in December 2007 in that both the conviction and the life sentence were valid.


 * http://books.google.com/books?id=K616GHp62UkC&pg=PA245
 * http://legacy.library.ucsf.edu/documentStore/x/x/b/xxb08d00/Sxxb08d00.pdf
 * http://www.scmp.com/article/139868/icac-arrests-cleared-man

Return to Hong Kong
Independent Commission Against Corruption assistant director of operations Tony Godfrey escorted him back to Hong Kong. In September 1997, Justice Pang Kin-kee set Lui's trial date for March 1998.


 * Wally Yeung, conviction in Court of First Instance on :
 * Michael Stuart-Moore, Court of Appeal quashes conviction:
 * Court of Appeal grants prosecution leave to appeal on :
 * Leonard Hoffmann, Court of Final Appeal allows prosecution appeal regarding admissibility of evidence; concurring opinion by Henry Litton:
 * Fresh trial:

Imprisonment and aftermath
BAT was believed to be waiting for the Department of Justice to recover its own $10 million costs from Lui before beginning any recovery proceedings against Lui. By June 2003, the Department of Justice was still finalising its costs, but BAT indicated that despite the delays it still intended to recover the money Lui owed it, and to donate it to charity. In 2004, the Department of Justice applied for a bankruptcy order against him.