Community service order for policeman soliciting loan from complainant
2001-1-22
A Detective Senior Police Constable, charged by the ICAC, was ordered by San Po Kong Court today (Monday) to perform 100 hours of community service for soliciting a $50,000 loan from a complainant of a deception case.
Poon Chau-cheong, 42, attached to Tsuen Wan Police Station, was earlier found guilty 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 ).
A community service order had recommended the defendant perform 80 hours of service.
However Magistrate Ms Cindy Lee increased the length of sentence, taking into account evidence that Poon had instructed a prosecution witness to lie to his superior in order to cover up his wrongdoing.
Originally Poon was charged with an offence under Section 4(2)(a) of PBO, alleging him of soliciting $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 allowed the prosecution to charge Poon with soliciting an advantage under Section 3 of the PBO after acquitting him of the original bribery offence.
Poon's subsequent application to challenge the magistrate's decision by way of a judicial review was rejected by the Court of Appeal.
His further attempt to apply for leave to appeal to the Court of Final Appeal (CFA) also failed. While upholding the magistrate's decision, CFA 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 concerning the importation of Mainland labourers, involving HK$410,000 and Renminbi 50,000.
Tai Man-na, director of Xing Ming Group Travel Service Ltd, was the complainant.
In mid-May 1996, Poon visited Tai's office and asked 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. He also told Tai that a statement had been taken from a witness in the deception case.
Two days later, Poon informed Tai of the arrest of the alleged culprit.
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.
ICAC officer Allen Ting appeared for the prosecution today.
Poon Chau-cheong, 42, attached to Tsuen Wan Police Station, was earlier found guilty 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 ).
A community service order had recommended the defendant perform 80 hours of service.
However Magistrate Ms Cindy Lee increased the length of sentence, taking into account evidence that Poon had instructed a prosecution witness to lie to his superior in order to cover up his wrongdoing.
Originally Poon was charged with an offence under Section 4(2)(a) of PBO, alleging him of soliciting $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 allowed the prosecution to charge Poon with soliciting an advantage under Section 3 of the PBO after acquitting him of the original bribery offence.
Poon's subsequent application to challenge the magistrate's decision by way of a judicial review was rejected by the Court of Appeal.
His further attempt to apply for leave to appeal to the Court of Final Appeal (CFA) also failed. While upholding the magistrate's decision, CFA 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 concerning the importation of Mainland labourers, involving HK$410,000 and Renminbi 50,000.
Tai Man-na, director of Xing Ming Group Travel Service Ltd, was the complainant.
In mid-May 1996, Poon visited Tai's office and asked 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. He also told Tai that a statement had been taken from a witness in the deception case.
Two days later, Poon informed Tai of the arrest of the alleged culprit.
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.
ICAC officer Allen Ting appeared for the prosecution today.