Insurance agent sentenced for breach of POBO by disclosing ICAC probe
2015-11-17
An insurance agent, who was charged by the ICAC, was today (Tuesday) sentenced at the Eastern Magistracy for having breached the Prevention of Bribery Ordinance (POBO) by disclosing details of an ICAC investigation to a car dealer.
Kong Fu-mee, 53, was ordered by Magistrate Mr Lee Siu-ho to perform 150 hours of community service.
In passing the sentence, the magistrate said the spirit of Section 30 of the POBO was to protect the ICAC investigations and the interests of subjects under investigation. Members of the public should not despise this provision and commit a breach of it.
The magistrate added that he imposed a community service order on the defendant after taking into account various factors, including her guilty plea and genuine remorse.
The defendant earlier pleaded guilty to one count of disclosing details of an ICAC investigation, contrary to Section 30(1)(b) of the POBO.
The court heard that at the material time, the defendant was an agent of an insurance company, to whom a car dealer sometimes referred clients.
In March 2014, the ICAC received a corruption complaint against a police officer alleging that he might have accepted advantages from a chef working at a restaurant in a disciplined services quarters as a reward for helping the chef obtain a parking permit of the quarters.
ICAC enquiries revealed that the police officer applied for a parking permit for two cars registered in his name in 2014 and 2015 respectively. Through the referral of the car dealer, the defendant handled the car insurance policies of the two cars concerned.
In September 2014, an ICAC officer contacted the defendant to enquire about the insurance premium payment details of the two cars, and explained to her that the Commission was investigating into a corruption allegation.
The ICAC officer reminded the defendant that the investigation had to be kept confidential or she would be liable to prosecution under Section 30 of the POBO.
During the investigation, the ICAC officer contacted the defendant five times between September 1 and December 10, 2014. On each occasion, the defendant was reminded of the provision of confidentiality under Section 30 of the POBO.
The call records showed that on November 10, 2014, there were call contacts among the police officer, the chef, the defendant and the car dealer.
The court heard that in an operation mounted on February 26, 2015, ICAC officers seized the mobile phones of the police officer and the chef.
Examination of the messages stored in their mobile phones revealed that the police officer and the chef had some message exchanges concerning the enquiry made by the ICAC with the defendant.
The defendant was arrested on July 24, 2015. When interviewed under caution, she admitted that she had disclosed the investigation to the car dealer as she was curious if the latter was approached by the ICAC, the court was told.
The prosecution was today represented by Public Prosecutor Kasmine Hui, assisted by ICAC officer Kenix Poon.
Kong Fu-mee, 53, was ordered by Magistrate Mr Lee Siu-ho to perform 150 hours of community service.
In passing the sentence, the magistrate said the spirit of Section 30 of the POBO was to protect the ICAC investigations and the interests of subjects under investigation. Members of the public should not despise this provision and commit a breach of it.
The magistrate added that he imposed a community service order on the defendant after taking into account various factors, including her guilty plea and genuine remorse.
The defendant earlier pleaded guilty to one count of disclosing details of an ICAC investigation, contrary to Section 30(1)(b) of the POBO.
The court heard that at the material time, the defendant was an agent of an insurance company, to whom a car dealer sometimes referred clients.
In March 2014, the ICAC received a corruption complaint against a police officer alleging that he might have accepted advantages from a chef working at a restaurant in a disciplined services quarters as a reward for helping the chef obtain a parking permit of the quarters.
ICAC enquiries revealed that the police officer applied for a parking permit for two cars registered in his name in 2014 and 2015 respectively. Through the referral of the car dealer, the defendant handled the car insurance policies of the two cars concerned.
In September 2014, an ICAC officer contacted the defendant to enquire about the insurance premium payment details of the two cars, and explained to her that the Commission was investigating into a corruption allegation.
The ICAC officer reminded the defendant that the investigation had to be kept confidential or she would be liable to prosecution under Section 30 of the POBO.
During the investigation, the ICAC officer contacted the defendant five times between September 1 and December 10, 2014. On each occasion, the defendant was reminded of the provision of confidentiality under Section 30 of the POBO.
The call records showed that on November 10, 2014, there were call contacts among the police officer, the chef, the defendant and the car dealer.
The court heard that in an operation mounted on February 26, 2015, ICAC officers seized the mobile phones of the police officer and the chef.
Examination of the messages stored in their mobile phones revealed that the police officer and the chef had some message exchanges concerning the enquiry made by the ICAC with the defendant.
The defendant was arrested on July 24, 2015. When interviewed under caution, she admitted that she had disclosed the investigation to the car dealer as she was curious if the latter was approached by the ICAC, the court was told.
The prosecution was today represented by Public Prosecutor Kasmine Hui, assisted by ICAC officer Kenix Poon.