Former legislator jailed for disclosing identity of a subject of ICAC investigation
2022-1-26
A former Legislative Councillor, charged by the ICAC, was today (January 26) sentenced to four months’ imprisonment at the Eastern Magistrates’ Courts after being convicted of disclosing the identity of a person under investigation by the Commission.
Lam Cheuk-ting, 44, was found guilty of three counts of disclosing identity of persons being investigated, contrary to Section 30(1)(b) of the Prevention of Bribery Ordinance (POBO).
In sentencing, Magistrate Mr Jacky Ip Kai-leung agreed that the spirit of Section 30 of the POBO was to avoid leakage as the progress of investigation would be compromised if a person knew that he was under investigation. By disclosing the identity of a person under investigation, not only had the defendant failed to protect public interest, he would also affect the ICAC’s law enforcement actions.
The Commission had earlier received complaints alleging disclosure of the identity of a person under ICAC investigation and conducted an investigation in accordance with the law and established procedure. Upon completion of the investigation, the ICAC sought legal advice from the Department of Justice, which advised the above charges be laid against the defendant.
The court heard that an attack incident took place at Yuen Long MTR Station on July 21, 2019. Two days later, the ICAC commenced an investigation into an allegation that Police officers might have accepted advantages for not taking any or timely enforcement action against the assailants. The investigation also covered whether Police officers had committed misconduct in public office (MIPO) in the same attack incident.
The defendant was present at the scene of the incident at some stages and was interviewed as a witness by ICAC officers on July 25, 2019. During the interview, it was explained to the defendant that the ICAC had commenced an investigation into suspected offences of corruption and MIPO concerning Police officers. He was also reminded the prohibition on disclosure under Section 30 of the POBO.
On October 3, 2019, the defendant was further interviewed by ICAC officers. He was again reminded the prohibition under Section 30 of the POBO.
At two press conferences hosted by the defendant and co-hosted by him and other persons respectively on December 30, 2019 and January 21, 2020, the defendant stated that a named Superintendent of Police involved in the police investigation into the attack incident was under ICAC investigation regarding MIPO. The defendant reiterated the same on July 16, 2020 when meeting the press.
The above press conferences and meeting with the media were live-streamed and subsequently stored on social media webpage platforms, which were freely accessible by the public, the court heard.
The prosecution was today represented by Senior Assistant Director of Public Prosecutions Alice Chan and Senior Public Prosecutor Andrew Cheng, assisted by ICAC officer William Lam.
The ICAC reminds members of the public that under Section 30 of the POBO, any person who discloses details of investigation or the identity of the subject person to other people without lawful authority or reasonable excuse shall be guilty of an offence.
Lam Cheuk-ting, 44, was found guilty of three counts of disclosing identity of persons being investigated, contrary to Section 30(1)(b) of the Prevention of Bribery Ordinance (POBO).
In sentencing, Magistrate Mr Jacky Ip Kai-leung agreed that the spirit of Section 30 of the POBO was to avoid leakage as the progress of investigation would be compromised if a person knew that he was under investigation. By disclosing the identity of a person under investigation, not only had the defendant failed to protect public interest, he would also affect the ICAC’s law enforcement actions.
The Commission had earlier received complaints alleging disclosure of the identity of a person under ICAC investigation and conducted an investigation in accordance with the law and established procedure. Upon completion of the investigation, the ICAC sought legal advice from the Department of Justice, which advised the above charges be laid against the defendant.
The court heard that an attack incident took place at Yuen Long MTR Station on July 21, 2019. Two days later, the ICAC commenced an investigation into an allegation that Police officers might have accepted advantages for not taking any or timely enforcement action against the assailants. The investigation also covered whether Police officers had committed misconduct in public office (MIPO) in the same attack incident.
The defendant was present at the scene of the incident at some stages and was interviewed as a witness by ICAC officers on July 25, 2019. During the interview, it was explained to the defendant that the ICAC had commenced an investigation into suspected offences of corruption and MIPO concerning Police officers. He was also reminded the prohibition on disclosure under Section 30 of the POBO.
On October 3, 2019, the defendant was further interviewed by ICAC officers. He was again reminded the prohibition under Section 30 of the POBO.
At two press conferences hosted by the defendant and co-hosted by him and other persons respectively on December 30, 2019 and January 21, 2020, the defendant stated that a named Superintendent of Police involved in the police investigation into the attack incident was under ICAC investigation regarding MIPO. The defendant reiterated the same on July 16, 2020 when meeting the press.
The above press conferences and meeting with the media were live-streamed and subsequently stored on social media webpage platforms, which were freely accessible by the public, the court heard.
The prosecution was today represented by Senior Assistant Director of Public Prosecutions Alice Chan and Senior Public Prosecutor Andrew Cheng, assisted by ICAC officer William Lam.
The ICAC reminds members of the public that under Section 30 of the POBO, any person who discloses details of investigation or the identity of the subject person to other people without lawful authority or reasonable excuse shall be guilty of an offence.