Driving test candidate jailed for six months for bribing TD examiner after making mistake
2023-2-23
A candidate of the commercial vehicle driving test for medium goods vehicle, charged by the ICAC, was today (February 23) sentenced to six months’ imprisonment at the West Kowloon Magistrates’ Courts after admitting that he had offered a bribe of $500 to an examiner of the Transport Department (TD) to get a pass after making a mistake in the test.
Ba Yuheng, 26, pleaded guilty to one count of offering an advantage to a public servant, contrary to Section 4(1)(a) of the Prevention of Bribery Ordinance.
In sentencing, Magistrate Mr Tsang Hing-tung reprimanded the defendant for defying the law blatantly. It is obvious that the defendant did not commit the offence spontaneously as he conveniently took out a red packet prepared in advance.
The magistrate added that the corruption offence committed by the defendant was serious in nature. It struck at the heart of Hong Kong’s interest and value, and tarnished our clean social environment. The court had to mete out a deterrent punishment to convey a proper signal to members of the public.
The magistrate took a starting point of nine months’ imprisonment and reduced the jail term of the defendant by three months, having considered his guilty plea.
The ICAC reminds members of the public that bribery is a serious offence, and they should never offer bribes to civil servants in exchange for their assistance or favour.
The court heard that on November 29, 2022, the defendant attended his commercial vehicle driving test for medium goods vehicle at Tsuen Wan Driving Test Centre of the TD. A Driving Examiner II of the TD was his examiner.
The defendant’s vehicle hit the kerb of the road during the test and he was immediately told that he failed the test after making the serious mistake. Subsequently the defendant offered a red packet containing $500 cash to the examiner in a bid to secure a pass in the test.
The examiner reported the incident to the TD after the test. The defendant was arrested by ICAC officers on the spot upon receipt of a corruption complaint by the ICAC on the same day.
The TD has rendered full assistance to the ICAC during its investigation into the case. Legal advice was sought from the Department of Justice upon completion of the investigation, and the defendant was then charged accordingly pursuant to the legal advice.
The prosecution was today represented by ICAC officers Keith Chan and Cherie Lai.
Ba Yuheng, 26, pleaded guilty to one count of offering an advantage to a public servant, contrary to Section 4(1)(a) of the Prevention of Bribery Ordinance.
In sentencing, Magistrate Mr Tsang Hing-tung reprimanded the defendant for defying the law blatantly. It is obvious that the defendant did not commit the offence spontaneously as he conveniently took out a red packet prepared in advance.
The magistrate added that the corruption offence committed by the defendant was serious in nature. It struck at the heart of Hong Kong’s interest and value, and tarnished our clean social environment. The court had to mete out a deterrent punishment to convey a proper signal to members of the public.
The magistrate took a starting point of nine months’ imprisonment and reduced the jail term of the defendant by three months, having considered his guilty plea.
The ICAC reminds members of the public that bribery is a serious offence, and they should never offer bribes to civil servants in exchange for their assistance or favour.
The court heard that on November 29, 2022, the defendant attended his commercial vehicle driving test for medium goods vehicle at Tsuen Wan Driving Test Centre of the TD. A Driving Examiner II of the TD was his examiner.
The defendant’s vehicle hit the kerb of the road during the test and he was immediately told that he failed the test after making the serious mistake. Subsequently the defendant offered a red packet containing $500 cash to the examiner in a bid to secure a pass in the test.
The examiner reported the incident to the TD after the test. The defendant was arrested by ICAC officers on the spot upon receipt of a corruption complaint by the ICAC on the same day.
The TD has rendered full assistance to the ICAC during its investigation into the case. Legal advice was sought from the Department of Justice upon completion of the investigation, and the defendant was then charged accordingly pursuant to the legal advice.
The prosecution was today represented by ICAC officers Keith Chan and Cherie Lai.