Detective constable guilty of soliciting $50,000 from complainant
2001-1-8
A Detective Senior Police Constable, charged by the ICAC for soliciting $50,000 from a complainant of a deception case, was found guilty at San Po Kong Court today (Monday).
Poon Chau-cheong, 42, attached to Tsuen Wan Police Station, was convicted on one count of soliciting an advantage without the general or special permission of the then Governor, contrary to Section 3 of the Prevention of Bribery Ordinance (PBO).
Magistrate Ms Cindy Lee adjourned the case to January 22, 2001 for sentence, pending community service reports. The defendant was granted bail of $1,000 in cash and was ordered not to leave Hong Kong.
Poon was originally charged by the ICAC with an offence under Section 4(2)(a) of PBO, which alleged that he solicited $50,000 as a reward for him to carry out a criminal investigation in his capacity as a Detective Senior Police Constable.
In September 1998, a magistrate acquitted him of this bribery offence and allowed the prosecution to charge Poon with a charge of soliciting an advantage under Section 3 of the PBO.
Poon had applied to the Court of Appeal to challenge the magistrate's decision. However, his application for a judicial review was subsequently rejected.
Poon had also applied for leave to appeal to the Court of Final Appeal (CFA). But CFA upheld the magistrate's decision and ordered a trial of Poon for an alleged offence under Section 3 of the PBO.
The court heard that in early May 1996, Poon was investigating a deception case.
The complainant, Tai Man-na, director of Xing Ming Group Travel Service Ltd, alleged that Wong Kin-chung had deceived her of HK$410,000 and Renminbi 50,000 over the arrangement of imported labour from the Mainland.
In mid-May 1996, Poon went to Tai's office and asked her for a $50,000 loan, claiming that the money was needed for transporting his relative's remains from Los Angeles to the Mainland for burial.
On May 20, 1996, Poon indirectly raised the loan proposal with Tai again. Poon also mentioned to Tai that he had taken a statement from a witness in the deception case.
Two days later, Poon informed Tai that Wong had been arrested.
When Poon visited Tai's office again, Tai told him that she would not lend him the money.
On September 25, 1996, Poon was arrested by ICAC officers after he admitted on the phone that he had solicited $50,000 from Tai. The telephone conversation between the defendant and Tai was taped by the ICAC.
The prosecution was today represented by Senior Government Counsel Alex Lee, assisted by ICAC officer Allen Ting.
Poon Chau-cheong, 42, attached to Tsuen Wan Police Station, was convicted on one count of soliciting an advantage without the general or special permission of the then Governor, contrary to Section 3 of the Prevention of Bribery Ordinance (PBO).
Magistrate Ms Cindy Lee adjourned the case to January 22, 2001 for sentence, pending community service reports. The defendant was granted bail of $1,000 in cash and was ordered not to leave Hong Kong.
Poon was originally charged by the ICAC with an offence under Section 4(2)(a) of PBO, which alleged that he solicited $50,000 as a reward for him to carry out a criminal investigation in his capacity as a Detective Senior Police Constable.
In September 1998, a magistrate acquitted him of this bribery offence and allowed the prosecution to charge Poon with a charge of soliciting an advantage under Section 3 of the PBO.
Poon had applied to the Court of Appeal to challenge the magistrate's decision. However, his application for a judicial review was subsequently rejected.
Poon had also applied for leave to appeal to the Court of Final Appeal (CFA). But CFA upheld the magistrate's decision and ordered a trial of Poon for an alleged offence under Section 3 of the PBO.
The court heard that in early May 1996, Poon was investigating a deception case.
The complainant, Tai Man-na, director of Xing Ming Group Travel Service Ltd, alleged that Wong Kin-chung had deceived her of HK$410,000 and Renminbi 50,000 over the arrangement of imported labour from the Mainland.
In mid-May 1996, Poon went to Tai's office and asked her for a $50,000 loan, claiming that the money was needed for transporting his relative's remains from Los Angeles to the Mainland for burial.
On May 20, 1996, Poon indirectly raised the loan proposal with Tai again. Poon also mentioned to Tai that he had taken a statement from a witness in the deception case.
Two days later, Poon informed Tai that Wong had been arrested.
When Poon visited Tai's office again, Tai told him that she would not lend him the money.
On September 25, 1996, Poon was arrested by ICAC officers after he admitted on the phone that he had solicited $50,000 from Tai. The telephone conversation between the defendant and Tai was taped by the ICAC.
The prosecution was today represented by Senior Government Counsel Alex Lee, assisted by ICAC officer Allen Ting.