Nine months' jail for policeman attempting to interfere arrest
2001-11-14
A Police Constable was today (Wednesday) sentenced to nine months' imprisonment at Shatin Court for perverting the course of public justice by requesting his colleague to release a suspect arrested for allegedly selling untaxed cigarettes.
Fung Fuk-wing, 41, attached to Tin Sum Police Station, was earlier found guilty on one count of doing acts tending to pervert the course of public justice.
Magistrate Mr Frankie Yiu said an immediate custodial sentence was warranted in view of the seriousness of the offence.
The magistrate also said as a law enforcement officer, the defendant must adhere to the principles of integrity and fair play in carrying out his duties.
The court heard that on November 18, 1998, Police Constables Wai Kai-wing and Fu Kwok-kwong, while patrolling at Hin Keng Estate in Shatin, intercepted Tsoi Wai-kwan.
Tsoi was found in possession of 4,800 suspected untaxed cigarettes and arrested for a suspected offence of illegal sale of dutiable commodities.
Tsoi then made a number of mobile phone calls on the spot. Shortly afterwards, Wai received a telephone call from the defendant, requesting Wai to release Tsoi unconditionally and treat the seized suspected untaxed cigarettes as lost property.
Wai rejected the defendant's request and escorted Tsoi back to Tin Sum Police Station for further investigation.
The prosecution was today represented by Cannise Chan on a fiat, assisted by ICAC officer Chris Lai.
Fung Fuk-wing, 41, attached to Tin Sum Police Station, was earlier found guilty on one count of doing acts tending to pervert the course of public justice.
Magistrate Mr Frankie Yiu said an immediate custodial sentence was warranted in view of the seriousness of the offence.
The magistrate also said as a law enforcement officer, the defendant must adhere to the principles of integrity and fair play in carrying out his duties.
The court heard that on November 18, 1998, Police Constables Wai Kai-wing and Fu Kwok-kwong, while patrolling at Hin Keng Estate in Shatin, intercepted Tsoi Wai-kwan.
Tsoi was found in possession of 4,800 suspected untaxed cigarettes and arrested for a suspected offence of illegal sale of dutiable commodities.
Tsoi then made a number of mobile phone calls on the spot. Shortly afterwards, Wai received a telephone call from the defendant, requesting Wai to release Tsoi unconditionally and treat the seized suspected untaxed cigarettes as lost property.
Wai rejected the defendant's request and escorted Tsoi back to Tin Sum Police Station for further investigation.
The prosecution was today represented by Cannise Chan on a fiat, assisted by ICAC officer Chris Lai.