C&E officer jailed for accepting $530,000 car without authorisation
2015-11-9
An officer of the Customs and Excise Department (C&E), charged by the ICAC, was today (Monday) sentenced to three months’ imprisonment at the Fanling Magistracy after he was convicted of having accepted a car worth over $530,000 from a businessman without authorisation.
Lam Yui-keung, 46, Senior Customs Officer of the C&E, was today found guilty of one count of prescribed officer accepting an advantage, contrary to Section 3 of the Prevention of Bribery Ordinance.
In convicting the defendant, Magistrate Raymund Chow Chi-wei said he did not accept the contradictory testimony given by a defence witness, who claimed that the cheque for over $530,000 used by the defendant to purchase the car was the proceeds from a land transaction.
The magistrate also ordered the defendant to pay over $530,000 as restitution to the Hong Kong Government by instalments within a year.
Upon an application from the defendant, the magistrate granted him cash bail of $20,000, pending his appeal against conviction.
The court heard that at the material time, the defendant was a Senior Customs Officer posted to the Syndicate Crimes Investigation Bureau of the C&E.
In early August 2013, the defendant purchased a second-hand car of a German brand from an auto car company. On August 6, 2013, the defendant accepted from a businessman an advantage, namely a sum of over $530,000, to discharge his obligation or liability to pay the auto car company for the purchase of the car.
The defendant had never sought or obtained any approval from the C&E for accepting any form of advantage from the businessman, the court was told.
The C&E had rendered full assistance to the ICAC during its investigation.
The prosecution was today represented by Senior Public Prosecutor Samantha Chiu, assisted by ICAC officer James Cheng.
Lam Yui-keung, 46, Senior Customs Officer of the C&E, was today found guilty of one count of prescribed officer accepting an advantage, contrary to Section 3 of the Prevention of Bribery Ordinance.
In convicting the defendant, Magistrate Raymund Chow Chi-wei said he did not accept the contradictory testimony given by a defence witness, who claimed that the cheque for over $530,000 used by the defendant to purchase the car was the proceeds from a land transaction.
The magistrate also ordered the defendant to pay over $530,000 as restitution to the Hong Kong Government by instalments within a year.
Upon an application from the defendant, the magistrate granted him cash bail of $20,000, pending his appeal against conviction.
The court heard that at the material time, the defendant was a Senior Customs Officer posted to the Syndicate Crimes Investigation Bureau of the C&E.
In early August 2013, the defendant purchased a second-hand car of a German brand from an auto car company. On August 6, 2013, the defendant accepted from a businessman an advantage, namely a sum of over $530,000, to discharge his obligation or liability to pay the auto car company for the purchase of the car.
The defendant had never sought or obtained any approval from the C&E for accepting any form of advantage from the businessman, the court was told.
The C&E had rendered full assistance to the ICAC during its investigation.
The prosecution was today represented by Senior Public Prosecutor Samantha Chiu, assisted by ICAC officer James Cheng.