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University of Hong Kong lecturer Eric Cheung Tat-ming said the prosecution, if it was to press for a third trial, would have to demonstrate that it either had strong evidence, or that the offence in question was not just serious, but one of “extreme gravity”.It would have to be a case of homicide or terrorism, he said.

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During the trial in February, Tsang’s lawyers claimed their client had paid a legitimate rent of 800,000 yuan (HK$940,000) in 2010, even though the prosecutors said the lease was signed in 2012 with a receipt dating the same year.

Based on bank records, the prosecutors also alleged that Bank of East Asia chairman David Li Kwok-po, who was also a Wave Media shareholder, had paid Tsang HK$350,000.

While he stopped short of saying they were dropping the case, that was the effect as it meant the prosecution was handing control over to the court.

However, the prosecutor did not completely rule out a retrial based on the bribery charge because Tsang was currently appealing against his earlier conviction.

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