Police Sergeant gets 14 months for $130,000 bribery and fraud
2015-9-7
A Police Sergeant, who was charged by the ICAC, was today (Monday) sentenced to 14 months’ imprisonment at the Eastern Magistracy for having solicited and accepted unauthorised loans and deceived money amounting to about $130,000 from six Police Constables (PCs).
Yau Chun-kit, 40, was also ordered by Deputy Magistrate Winston Leung Wing-chung to pay the Hong Kong Government a restitution of $26,000 being the total amount of three outstanding loans from one of the PCs.
In sentencing, the deputy magistrate reprimanded the defendant for compromising the integrity of the police force, and undermining its efficiency and function.
The defendant earlier pleaded guilty to nine charges – seven of prescribed officer accepting an advantage, and two of prescribed officer soliciting an advantage, contrary to Section 3 of the Prevention of Bribery Ordinance.
The defendant further admitted one count of fraud, contrary to Section 16A of the Theft Ordinance, while the prosecution offered no evidence to another similar offence against him.
The case arose from a corruption complaint referred by the Police. Subsequent ICAC enquiries revealed the above offences.
The court heard that at the material time, the defendant was a Sergeant posted to various formations. In November 2012, he was posted to the Police Tactical Unit (PTU) of Hong Kong Region. He was transferred to a Patrol Sub-unit (PSU) of Central District in August 2013, and was attached to a District Investigation Team (DIT) of Central District in March 2014.
In November 2012, the defendant called a PC of PTU to ask for a loan of $60,000 by falsely representing that his elder sister needed money urgently for chemotherapy treatment to cure her cancer. As the PC was unable to raise the money, the defendant suggested that the PC obtain a loan from a bank. Believing that the defendant had a genuine need of money, the PC obtained a loan of $60,000 from the bank, and lent the money to him.
After receiving the money in December 2012, the defendant used about $40,000 of the loan to buy a camera and make repayments to a woman and a bank, and transferred another $15,000 to his account with the Hong Kong Jockey Club for placing bets on football matches. He kept the remaining balance in his bank account, but had never paid any money to his elder sister for the chemotherapy treatment.
The court heard that between May and August 2013, the defendant, without authorisation, accepted seven loans totalling $58,100 from two PCs and a woman PC attached to the PSU of Central District, and a PC posted to a Special Duty Squad (SDS) of Western District. Of these unauthorised loans, three amounting to $26,000 were still outstanding from one of the PCs.
The defendant was the immediate supervisor of the three PCs attached to the PSU of Central District, while the PC posted to the SDS of Western District obtained a loan from the Hong Kong Police Credit Union and lent it to the defendant.
The defendant also solicited two loans of $11,000 in total from one of the PCs in the PSU of Central District and another PC under his immediate supervision in the DIT of Central District in August 2013 and March 2014 respectively. The solicitations were turned down by the PCs concerned, the court was told.
The Police had rendered full assistance to the ICAC during its investigation.
The prosecution was today represented by prosecuting counsel Diana Cheung, assisted by ICAC officer Kelvin Choi.
Yau Chun-kit, 40, was also ordered by Deputy Magistrate Winston Leung Wing-chung to pay the Hong Kong Government a restitution of $26,000 being the total amount of three outstanding loans from one of the PCs.
In sentencing, the deputy magistrate reprimanded the defendant for compromising the integrity of the police force, and undermining its efficiency and function.
The defendant earlier pleaded guilty to nine charges – seven of prescribed officer accepting an advantage, and two of prescribed officer soliciting an advantage, contrary to Section 3 of the Prevention of Bribery Ordinance.
The defendant further admitted one count of fraud, contrary to Section 16A of the Theft Ordinance, while the prosecution offered no evidence to another similar offence against him.
The case arose from a corruption complaint referred by the Police. Subsequent ICAC enquiries revealed the above offences.
The court heard that at the material time, the defendant was a Sergeant posted to various formations. In November 2012, he was posted to the Police Tactical Unit (PTU) of Hong Kong Region. He was transferred to a Patrol Sub-unit (PSU) of Central District in August 2013, and was attached to a District Investigation Team (DIT) of Central District in March 2014.
In November 2012, the defendant called a PC of PTU to ask for a loan of $60,000 by falsely representing that his elder sister needed money urgently for chemotherapy treatment to cure her cancer. As the PC was unable to raise the money, the defendant suggested that the PC obtain a loan from a bank. Believing that the defendant had a genuine need of money, the PC obtained a loan of $60,000 from the bank, and lent the money to him.
After receiving the money in December 2012, the defendant used about $40,000 of the loan to buy a camera and make repayments to a woman and a bank, and transferred another $15,000 to his account with the Hong Kong Jockey Club for placing bets on football matches. He kept the remaining balance in his bank account, but had never paid any money to his elder sister for the chemotherapy treatment.
The court heard that between May and August 2013, the defendant, without authorisation, accepted seven loans totalling $58,100 from two PCs and a woman PC attached to the PSU of Central District, and a PC posted to a Special Duty Squad (SDS) of Western District. Of these unauthorised loans, three amounting to $26,000 were still outstanding from one of the PCs.
The defendant was the immediate supervisor of the three PCs attached to the PSU of Central District, while the PC posted to the SDS of Western District obtained a loan from the Hong Kong Police Credit Union and lent it to the defendant.
The defendant also solicited two loans of $11,000 in total from one of the PCs in the PSU of Central District and another PC under his immediate supervision in the DIT of Central District in August 2013 and March 2014 respectively. The solicitations were turned down by the PCs concerned, the court was told.
The Police had rendered full assistance to the ICAC during its investigation.
The prosecution was today represented by prosecuting counsel Diana Cheung, assisted by ICAC officer Kelvin Choi.