Prison terms for policeman and four others in VCD 'scapegoat' plot

2000-10-25

The San Po Kong Court today (Wednesday) meted out prison terms to five people, including a Police Constable, for plotting to arrange a substitute to face prosecution by the Customs and Excise Department (C&E) for selling pirated VCDs.

The defendants were : Police Constable Kwong Shu-kuen, 32; and Kong Shiu-king, 52, Szeto Tat-kwong, 45, Lam Chi-wah, 29, and Kwong Ming-yuet, 26. They operated a shop named Game World which sold pirated VCDs.

Kwong Shu-kuen was today sentenced to 12 months' imprisonment, while Kong was sentenced to six months' jail, suspended for 18 months, and was fined $6,000.

Szeto was jailed for 15 months, while Lam and Kwong Ming-yuet each got 14 months. They were respectively ordered to have three months, six months and two months of their sentences to run concurrently with the prison terms imposed on them earlier in a sep arate case in connection with copyright offences.

In sentencing, Magistrate Mr Poon Chin-chiu said the offence committed by the defendants was serious, and custodial sentences were warranted.

The defendants were earlier convicted on one joint charge of conspiring with Hanly Chan Wai-kit, and Cheung Ting-hong to pervert the course of public justice between November 21, 1998 and August 13, 1999.

They were said to have falsely represented to C&E officers that Chan Wai-kit was the operator of Game World at Yue Xiu Plaza, San Po Kong, when in fact he was a paid "scapegoat".

Chan Wai-kit was earlier sentenced to one year's imprisonment after pleading guilty to a similar conspiracy offence.

The ICAC commenced an investigation after receiving a corruption complaint alleging that a police officer had offered advantages to C&E officers for protecting a pirated VCD shop in which the officer had shareholding.

The corruption allegation against C&E officers was found to be unsubstantiated.

The court heard that shortly after the defendants set up Game World, Kwong Shu-kuen asked Chan Wai-kit to register as the shop owner.

The defendants also agreed to pay Chan Wai-kit a daily wage of $200 to stand by at the shop. He was promised a further reward of $20,000 for acting as a "scapegoat" for arrest.

On November 21, 1998, Kong was arrested during a C&E raid. Chan Wai-kit later surrendered himself, claiming that he was the shop owner.

The defendants subsequently gave Chan about $20,000 as a reward.

The prosecution was today represented by Emily Cheung on a fiat, assisted by ICAC officer Christina Sin.
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