C&E Inspector jailed for soliciting and accepting $50,000 unauthorised loan
2021-6-1
An Inspector of the Customs and Excise Department (C&E), charged by the ICAC, was today (June 1) sentenced to three weeks’ imprisonment at the Eastern Magistrates’ Courts for soliciting an unauthorised loan of $50,000 from a subordinating Customs Officer and accepting the sum from a friend of the latter.
Cheng Man-kit, 32, was earlier found guilty of two charges – one of prescribed officer soliciting an advantage and one of prescribed officer accepting an advantage, both contrary to Section 3 of the Prevention of Bribery Ordinance.
In sentencing, Deputy Magistrate Mr Kay Chan Kwok-wai remarked that imposing a community service order on the defendant was inappropriate, having considered the facts of this case, which was more serious than cases of a similar nature.
The magistrate also ordered the defendant to repay $40,000, equivalent to the outstanding loans involved in this case, to the government as restitution.
The court heard that at the material time, the defendant was an Inspector of the C&E posted to its Sha Tau Kok Division. On October 17, 2018, the defendant, via mobile phone text messages, asked a subordinating Customs Officer not directly under his supervision for a loan of $50,000. The Customs Officer did not accede to his request.
The defendant further asked the Customs Officer to borrow money for him and offered to reward the Customs Officer if a loan could be secured for him. A friend of the Customs Officer subsequently agreed to lend $50,000 to the defendant and deposited the same amount into his bank account.
The defendant, being a prescribed officer, did not have the general or special permission of the Chief Executive in soliciting and accepting the aforesaid loan, the court was told.
The C&E earlier referred the corruption complaint to the ICAC and rendered full assistance to the Commission during its investigation into the case.
The prosecution was today represented by prosecuting counsel Stephen Lau, assisted by ICAC officer Anthony Chan.
Cheng Man-kit, 32, was earlier found guilty of two charges – one of prescribed officer soliciting an advantage and one of prescribed officer accepting an advantage, both contrary to Section 3 of the Prevention of Bribery Ordinance.
In sentencing, Deputy Magistrate Mr Kay Chan Kwok-wai remarked that imposing a community service order on the defendant was inappropriate, having considered the facts of this case, which was more serious than cases of a similar nature.
The magistrate also ordered the defendant to repay $40,000, equivalent to the outstanding loans involved in this case, to the government as restitution.
The court heard that at the material time, the defendant was an Inspector of the C&E posted to its Sha Tau Kok Division. On October 17, 2018, the defendant, via mobile phone text messages, asked a subordinating Customs Officer not directly under his supervision for a loan of $50,000. The Customs Officer did not accede to his request.
The defendant further asked the Customs Officer to borrow money for him and offered to reward the Customs Officer if a loan could be secured for him. A friend of the Customs Officer subsequently agreed to lend $50,000 to the defendant and deposited the same amount into his bank account.
The defendant, being a prescribed officer, did not have the general or special permission of the Chief Executive in soliciting and accepting the aforesaid loan, the court was told.
The C&E earlier referred the corruption complaint to the ICAC and rendered full assistance to the Commission during its investigation into the case.
The prosecution was today represented by prosecuting counsel Stephen Lau, assisted by ICAC officer Anthony Chan.