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<strong>Global</strong> <strong>Reach</strong> <strong>of</strong> <strong>Tobacco</strong> <strong>Company's</strong> <strong>Involvement</strong> In <strong>Cigarette</strong> Smuggl<strong>in</strong>g Exposed B Page 4 <strong>of</strong> 9<br />

was ma<strong>in</strong>land Ch<strong>in</strong>a . Evidence from Hong Kong suggests that<br />

BAT cigarettes worth more than £490 million ($810 million)<br />

were smuggled <strong>in</strong>to Ch<strong>in</strong>a dur<strong>in</strong>g the 1990s .<br />

In the late 1980s, competition between Hong Kong-based rival<br />

traders smuggl<strong>in</strong>g BAT cigarettes <strong>in</strong>to Ch<strong>in</strong>a became so<br />

<strong>in</strong>tense that bribes were paid to the BAT local director whose<br />

job it was to deal with them . After one jilted trader exposed the<br />

system to Hong Kong's anti-corruption commission, former<br />

BAT (HK) export director Jerry Lui was extradited from the<br />

United States. BAT itself was not charged with any <strong>of</strong>fense .<br />

The case aga<strong>in</strong>st Lui nearly foundered after the chief witness<br />

aga<strong>in</strong>st him, trader Tommy Chui, was murdered . His body was<br />

found float<strong>in</strong>g <strong>in</strong> S<strong>in</strong>gapore harbor <strong>in</strong> 1995, stuffed <strong>in</strong> a<br />

garbage bag with tape over his mouth . Another potential<br />

witness committed suicide . Nevertheless, <strong>in</strong> June 1998 Lui<br />

was convicted and sentenced to three years and eight months'<br />

imprisonment. He later launched an ultimately unsuccessful<br />

appeal and awaits the outcome <strong>of</strong> a cont<strong>in</strong>u<strong>in</strong>g appeal<br />

application .<br />

BAT company documents disclosed dur<strong>in</strong>g Lui's trial led<br />

Justice Wally Yeung Chun-kuen to comment: "The evidence<br />

suggests that management <strong>of</strong> BAT (HK) was aware duty-notpaid<br />

cigarettes . . . would ultimately be smuggled <strong>in</strong> Ch<strong>in</strong>a and<br />

other countries . . . . To some extent such irresponsible<br />

behaviour amounted to assist<strong>in</strong>g crim<strong>in</strong>als <strong>in</strong> transnational<br />

crime . "<br />

The company claimed at the time that the smuggl<strong>in</strong>g was the<br />

work <strong>of</strong> "rogue" employees and replied that "British American<br />

<strong>Tobacco</strong> does not smuggle. It does not condone smuggl<strong>in</strong>g<br />

and its bus<strong>in</strong>ess is entirely lawful ."<br />

Exploited Traditional Route s<br />

The documents obta<strong>in</strong>ed and reviewed by the Center's<br />

<strong>in</strong>ternational consortium <strong>of</strong> <strong>in</strong>vestigative reporters show that <strong>in</strong><br />

many Asian countries BAT did not merely tolerate GT trade<br />

channels, but exploited traditional smuggl<strong>in</strong>g routes when that<br />

would maximize sales. The documents also trace the rise<br />

and fall <strong>of</strong> Lui with<strong>in</strong> BAT ranks .<br />

At first, Lui worked for BAT's U .S. subsidiary<br />

Brown & Williamson . His job was "aid<strong>in</strong>g and<br />

abett<strong>in</strong>g our efforts to get U .S. brands well<br />

established <strong>in</strong> export markets," a BAT<br />

document said . At the end <strong>of</strong> 1991, he was<br />

appo<strong>in</strong>ted the director <strong>of</strong> exports for British<br />

American <strong>Tobacco</strong> (Hong Kong) Ltd . His job 5t Express 555 is BAT's<br />

was to supply export distributors <strong>in</strong> the<br />

man brand <strong>in</strong> east Asi a<br />

region. Many <strong>of</strong> them transported contraband cigarettes <strong>in</strong>to<br />

Ch<strong>in</strong>a .<br />

In <strong>in</strong>ternal BAT documents, the job that Lui had held <strong>in</strong> Hong<br />

Kong was described more clearly as "Director <strong>of</strong> Exports to<br />

Ch<strong>in</strong>a." The same BATCo file also noted company worries<br />

about the "dependence <strong>of</strong> cont<strong>in</strong>ued transit trade <strong>in</strong>to Ch<strong>in</strong>a ."<br />

Accord<strong>in</strong>g to court proceed<strong>in</strong>gs <strong>in</strong> Hong Kong last year, Lui<br />

had to report to BAT (HK) executive meet<strong>in</strong>gs on the volume<br />

<strong>of</strong> cigarettes be<strong>in</strong>g supplied to each distributor .<br />

h"p ://www.public-i.org/story_01_020200.htm 04/02/2000<br />

http://legacy.library.ucsf.edu/tid/ume14a99/pdf<br />

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