Superintendent of Police and two others charged with bribery and conspiracy to commit MIPO

2017-10-24


A Superintendent of Police (SP) and two private club operators have been charged by the ICAC today (October 24) with bribery involving bribes of $780,000 in total and free sexual service of a woman for the SP disclosing to the operators confidential information relating to police investigations against their private clubs and rendering advice or assistance to them. They also face an alternative charge of conspiracy to commit misconduct in public office (MIPO).

D1, 53, SP, D2, 46, and D3, 37, both operators of two private clubs, face a total of eight charges, five of which are alternative.

D1, D2 and D3 face a joint charge of conspiracy for a public servant to accept advantages, contrary to Section 4(2)(a) of the Prevention of Bribery Ordinance (POBO) and Section 159A of the Crimes Ordinance.

D1 further faces two alternative charges of public servant accepting an advantage, contrary to Section 4(2)(a) of the POBO, while D2 and D3 also jointly face two alternative charges of offering an advantage to a public servant, contrary to Section 4(1)(a) of the POBO.

D1, D2 and D3 also jointly face an alternative charge of conspiracy to commit MIPO, contrary to Common Law and Section 159A of the Crimes Ordinance.

D1 alone faces a charge of public servant accepting an advantage, contrary to Section 4(2)(a) of the POBO, while D2 alone faces a charge of offering an advantage to a public servant, contrary to Section 4(1)(a) of the POBO.

The defendants will appear at the Eastern Magistracy for mention tomorrow (October 25).

At the material time, D1 was a SP attached to the Administration and Support (Crime) of Crime Hong Kong Island Regional Headquarters. D2 and D3 were both operators of the two private clubs in Wan Chai.

The joint charge alleges that between November 29, 2015 and January 24, 2017, D1, D2 and D3 conspired together for D1 to, without lawful authority or reasonable excuse, accept $114,000 each on five occasions and $210,000 on another occasion, totalling $780,000, from D2 and D3 as rewards for D1 disclosing to D2 and D3 confidential information relating to the police investigations of the two private clubs, and rendering advice or assistance to them.

Two alternative charges allege that during the same period, D1, without lawful authority or reasonable excuse, accepted from D2 and D3 the $780,000 for the same purpose.

Two other alternative charges allege that during the same period, D2 and D3, without lawful authority or reasonable excuse, offered the above sums of money to D1 for the same purpose.

Another alternative joint charge alleges that during the same period, D1, D2 and D3 conspired together for D1, in the course of or in relation to his public office, without reasonable excuse or justification, to wilfully and intentionally misconduct himself by (i) failing to declare a conflict of interest in connection with his handling of police files relating to the two private clubs; (ii) failing to abstain from the deliberation, decision making, and investigation of suspected criminal offences involving the two private clubs ; (iii) disclosing confidential information of the Police relating to the two private clubs to D2 and D3; and (iv) giving advice to D2 and D3 for the purpose of evading police enforcement action against unlawful activities in the two private clubs.

The seventh charge alleges that on January 11, 2017, D1, without lawful authority or reasonable excuse, accepted from D2 an advantage, namely free sexual service of a woman, as a reward for D1 disclosing to D2 confidential information relating to the police investigations of the two private clubs, and rendering advice or assistance to D2.

The remaining charge alleges that on the same day, D2, without lawful authority or reasonable excuse, offered the above advantage, namely free sexual service of a woman, to D1 for the same purpose.

The Police has rendered full assistance to the ICAC during its investigation.

The defendants have been released on ICAC bail, pending their court appearance tomorrow.
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