Ex-chauffeur guilty of disclosing identity of person under ICAC probe
2004-5-18
A former chauffeur to the Secretary for Home Affairs (S for HA) was today (Tuesday) convicted at Eastern Magistracy of forewarning an acquaintance that he was under ICAC investigation for suspected corruption, an offence under the Prevention of Bribery Or dinance (PBO).
Cheung Hay-kin, 41, was found guilty of one count of disclosing to Ho Lai-chuen that he was being investigated by the ICAC without lawful authority or reasonable excuse, contrary to Section 30(1)(a) of PBO.
Magistrate Mr Johnny Chan adjourned the case until June 1, 2004 for sentence, pending probation and community service order reports. The defendant was granted cash bail of $2,000.
The court heard that Cheung was acquainted with Ho, who had assisted him in finding a job.
In mid June 2003, Cheung, while checking the daily itinerary of S for HA with his personal secretary, overheard a conversation, in which the name of Ho and the ICAC were mentioned.
Believing that Ho might be involved in an ICAC investigation, Cheung obtained the telephone number of Ho from a friend, and rang Ho on June 23, 2003.
Over the phone, Cheung disclosed to Ho that Ho was the subject of an ICAC investigation.
On July 18, 2003, Cheung was arrested by the ICAC. When interviewed under caution, Cheung admitted the offence.
An ICAC spokesman notes that the spirit of Section 30 of PBO is to protect the reputation of an individual under corruption investigation and the confidentiality of ICAC inquiries.
The prosecution was today represented by Senior Government Counsel Jonathan Man, assisted by ICAC officer Clement Cheng.
Cheung Hay-kin, 41, was found guilty of one count of disclosing to Ho Lai-chuen that he was being investigated by the ICAC without lawful authority or reasonable excuse, contrary to Section 30(1)(a) of PBO.
Magistrate Mr Johnny Chan adjourned the case until June 1, 2004 for sentence, pending probation and community service order reports. The defendant was granted cash bail of $2,000.
The court heard that Cheung was acquainted with Ho, who had assisted him in finding a job.
In mid June 2003, Cheung, while checking the daily itinerary of S for HA with his personal secretary, overheard a conversation, in which the name of Ho and the ICAC were mentioned.
Believing that Ho might be involved in an ICAC investigation, Cheung obtained the telephone number of Ho from a friend, and rang Ho on June 23, 2003.
Over the phone, Cheung disclosed to Ho that Ho was the subject of an ICAC investigation.
On July 18, 2003, Cheung was arrested by the ICAC. When interviewed under caution, Cheung admitted the offence.
An ICAC spokesman notes that the spirit of Section 30 of PBO is to protect the reputation of an individual under corruption investigation and the confidentiality of ICAC inquiries.
The prosecution was today represented by Senior Government Counsel Jonathan Man, assisted by ICAC officer Clement Cheng.