MUNCE BAN:HONG KONG, AUSTRALIAN RELATIONSHIP STRAINED
Mr Winfried Engelbrecht-Bresges, the Chief Executive Officer of the Hong Kong
Jockey Club ("the Club"), has today responded to the decision by Racing New
South Wales (Racing NSW) not to fully reciprocate the decision of the Racing
Stewards to disqualify Christopher James Munce from racing for a period of 30
months to expire on 1 September 2009.
When licensed by the Club for the 2005/2006 Racing Season, Christopher Munce
agreed to voluntarily submit to the Rules of Racing and Instructions of the Hong
Kong Jockey Club. On 1 December 2008, Christopher Munce pleaded guilty to
breaching a number of Rules of Racing, including Rules 150 and 151(9) which were
in operation at the time he agreed to be bound by the Rules of Racing.
Prior to the conclusion of the Racing Stewards inquiry, Christopher Munce was
advised of his right of appeal against the decisions to disqualify him from
racing on all 36 counts of breaching the Rules of Racing. He acknowledged that
he understood his right of appeal against the decisions of the Racing Stewards.
No appeal was lodged with the Club by Christopher Munce or his legal advisors by
the prescribed time. The decision of Racing NSW not to reciprocate the penalty
of 30 months disqualification from racing without Christopher Munce having
exhausted his right of appeal in Hong Kong is disrespectful to the core values
of due process.
Following the decision of the Racing Stewards on 1 December 2008, the Club
wrote to Racing NSW, the racing jurisdiction which had previously issued
Christopher Munce a jockey`s licence, and formally advised them of the
penalties issued against Christopher Munce. At the same time, the Club requested
Racing NSW to reciprocate the penalties imposed by the Racing Stewards. This
request was submitted in accordance with Article 10 of the International
Agreement on Breeding, Racing and Wagering ("the Agreement"), of which both
Hong Kong and Australia are signatories. In correspondence today from Mr V`landys,
the Chief Executive Officer of Racing NSW to Mr Jamie Stier, Chief Stipendiary
Steward of the Hong Kong Jockey Club, he advised that "Racing NSW is NOT a
party to that agreement. The Club is surprised to learn that whilst the
Australian Racing Board is a signatory to the Agreement, Racing NSW as a
Principal Racing Authority, and therefore a member of the Australian Racing
Board, is not a party to that Agreement.
The objectives of the Agreement, amongst others, is "to enhance public
confidence in the integrity of the sport of racing�" and to coordinate and
harmonise approaches across the world of racing and breeding to promote the
growth of the international dimension." Article 10 of the Agreement provides
that "When a ban is imposed, the Horseracing Authority must immediately advise
the Horseracing Authority of the country where the �rider is registered or
licensed, of the original ban and subsequently of the result of any appeal
hearing and, if deemed necessary, request that reciprocation of the penalty be
applied. The ban will then automatically apply in that country, subject to any
special conditions required by the laws of natural justice in that country
(Emphasis added).
In its Press Release, Racing NSW has advised that the penalty of 30 months
disqualification will not be reciprocated because the penalty is tied to a
breach of a criminal offence under the criminal code of the Hong Kong SAR that
does not exist under Australian law. The Club`s belief, however, is that
similar legislation is in existence in New South Wales.
The Agreement addresses Rules of Racing and makes no reference to criminal
conduct. The Agreement also specifically addresses the laws of natural justice
being observed. In Racing NSW`s Press Release, Mr Peter V`landys
acknowledges that the laws of natural justice have been observed by the Club by
stating that he "wanted to make sure that it is clearly understood that Racing
NSW fully respects the professionalism of the Racing Stewards of the Hong Kong
Jockey Club in their handling of this matter. This is reflected in the decision
we have taken to reciprocate these penalties." By reciprocating the penalties
imposed on Christopher Munce for breaching Rules of Racing 155(7) and 59 (3),
Racing NSW has acknowledged its obligations as a Principal Racing Authority in
Australia, a country which is a signatory to Article 10. It is worth noting that
during the Racing Steward`s inquiry, neither Christopher Munce nor his legal
advisors raised any issues of natural justice relating the disciplinary
proceedings or the handling of the matter. Indeed, the Racing NSW Press Release
makes no specific mention of natural justice.
Irrespective of the fact that Christopher Munce was convicted of a criminal
offence in The Hong Kong SAR, the penalty of a 30 month disqualification from
racing arose from a breach of the Rules of Racing in that the criminal
conviction specifically related to horse racing.
The Club believes that the unprecedented decision of Racing NSW not to
reciprocate the penalty of 30 months disqualification from racing on Christopher
Munce is in breach of the International Federation of Horseracing Authorities`
principle that penalties will automatically be reciprocated whenever natural
justice has been afforded. This decision has the potential to undermine the
integrity of horse racing internationally and threatens the relationship between
Australia and Hong Kong. The Club firmly believes the decision will negatively
impact on the current level of cooperation between major racing jurisdictions to
uphold the integrity of and public confidence in horse racing.
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