Senior Superintendent of Police gets three years for misconduct in public office

2003-12-8

A Senior Superintendent of Police was today (Monday) sentenced to three years' imprisonment at District Court for misconduct in public office over the acceptance of free sexual services from prostitutes.

Sin Kam-wah, 46, was earlier found guilty of three counts of misconduct in public office, contrary to the Common Law.

Co-defendant Lam Chuen-ip, 43, businesswoman, also received a jail term of three years.

Lam was earlier convicted of three counts of offering an advantage to a government servant, contrary to Section 8(1) of the Prevention of Bribery Ordinance, and three of exercising control over other persons with a view to their prostitution.

Judge Saunders said the misconduct offences committed by Sin were extremely serious, having regard to the rank and position he held in the Police Force.

The judge said: "It is inevitable for a police officer who commits an offence, whether of deliberate corruption, or one containing elements of corruption, as this offence does, that there will be an immediate custodial sentence."

In passing sentence on Lam, the judge said of the offences that she had committed, those against the Prevention of Bribery Ordinance were the most serious.

The judge pointed out that the gain for Lam was to establish a store of goodwill and indebtedness to her on the part of Sin that she could call upon in the future.

"The very nature of corruption and the concept of 'keeping sweet' with a view towards potential future demands is such that 'keeping sweet' is, in a way, more evil than an actual act of corruption, in that is so insidious that it is so hard to detect," th e judge said.

The three misconduct charges stated that Sin had willfully and intentionally culpably misconducted himself in relation to his public office by accepting from Lam sexual services, free of any charge, of women over whom he knew Lam was exercising control wi th a view to those women's prostitution.

Lam was found guilty of six offences. Three of them stated that Lam, whilst having dealings with the HKSAR Government through the Hong Kong Police Force, had offered Sin an advantage, namely free sexual services of women over whom, to the knowledge of Si n, she was exercising control with a view to those women's prostitution.

The remaining three charges stated that Lam had exercised control over women with a view to those women's prostitution.

The offences took place between March 2001 and May 2002.

The prosecution was today represented by Senior Assistant Director of Public Prosecutions Kevin Zervos and Government Counsel Marco Li, assisted by ICAC officer James Ip.
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