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The High Court has ordered Frank Muñoz, the ex- CEO of Hong Kong Shanghai Alliance Holdings (HKSHA), formerly known as Van Shun Chong Holdings Limited, to be imprisoned immediately.
Muñoz was sentenced to three weeks in jail after he was convicted for indecent assault in November 2015. His appeal for the case was rejected by the High Court yesterday.
In a statement issued by HKSHA on November 18, 2015, the company confirmed that then-CEO Muñoz was convicted for indecent assault. On November 25, HKSHA announced his resignation as an executive director and CEO of the company.
According to details of the case, Muñoz invited two female subordinates including the victim X, who had joined the company less than three months before, for drinks at a bar near the office. The trio went for drinks after attending a company party on January 27, 2015.
At the bar, Muñoz touched X’s back and hands. After leaving the bar, Muñoz called for a company car to take her home. In the car, Muñoz continued touching X and tried to kiss her.
The next day, X reported the case to the police and resigned from the company.
During the appeal, Muñoz said that X gave him the impression that she was fine with his actions because they were having a nice conversation and the two had physical contact earlier. Muñoz also questioned why X did not reach out to the company’s driver during the car ride if she felt she was being assaulted.
The court has now disagreed with Muñoz’s claims, saying that the two having a nice conversation is not an approval from X to have physical contact with him. In addition, the court deemed it very difficult for a new joiner like X to get help from a company driver who she did not know.
The court decided to stand by its original decision and Muñoz was ordered to be jailed immediately. Muñoz is married and from the United States. He started serving as the CEO of HKSHA in 2012.