Conviction upheld for Superintendent of Police
2005-9-21
The Court of First Instance today (Wednesday) dismissed a Superintendent of Police's appeal against his conviction of three charges of deceiving $230,000 from financial institutions and acting as a guarantor for a $180,000 loan obtained by fraudulent mean s.
Philip Cheng Po-yan, 48, was originally sentenced to a total of six weeks' imprisonment at Eastern Magistracy by Magistrate Mr Eddie Yip for the three charges.
The Court of First Instance allowed Cheng's appeal against his conviction of three similar charges.
He had been granted bail of $120,000 in cash, pending his appeal to the Court of Final Appeal.
Also charged in the same case was Cheng Ka-kiu, 27. The Court of First Instance today allowed her appeal against conviction of furnishing false information in applying for a personal loan.
The case arose from a corruption complaint. Subsequent ICAC enquiries revealed the deception offences.
The court heard that in September 2000, Cheng Po-yan had obtained a $80,000 loan from a bank.
In applying for the loan, Cheng Po-yan had misrepresented his true and complete financial liabilities by failing to disclose mortgages and personal loans obtained from other financial institutions.
By similar fraudulent means, Cheng Po-yan had induced a finance company to grant him a personal loan of $150,000 in July 2001.
The court also heard that in October 2000, co-defendant Tsui Po-sum, 36, applied for a personal loan of $180,000 from another finance company.
In his application, Tsui had furnished false information in relation to his employment record.
The court heard that Cheng Po-yan acted as guarantor for Tsui in his application, which was subsequently approved by the finance company.
Philip Cheng Po-yan, 48, was originally sentenced to a total of six weeks' imprisonment at Eastern Magistracy by Magistrate Mr Eddie Yip for the three charges.
The Court of First Instance allowed Cheng's appeal against his conviction of three similar charges.
He had been granted bail of $120,000 in cash, pending his appeal to the Court of Final Appeal.
Also charged in the same case was Cheng Ka-kiu, 27. The Court of First Instance today allowed her appeal against conviction of furnishing false information in applying for a personal loan.
The case arose from a corruption complaint. Subsequent ICAC enquiries revealed the deception offences.
The court heard that in September 2000, Cheng Po-yan had obtained a $80,000 loan from a bank.
In applying for the loan, Cheng Po-yan had misrepresented his true and complete financial liabilities by failing to disclose mortgages and personal loans obtained from other financial institutions.
By similar fraudulent means, Cheng Po-yan had induced a finance company to grant him a personal loan of $150,000 in July 2001.
The court also heard that in October 2000, co-defendant Tsui Po-sum, 36, applied for a personal loan of $180,000 from another finance company.
In his application, Tsui had furnished false information in relation to his employment record.
The court heard that Cheng Po-yan acted as guarantor for Tsui in his application, which was subsequently approved by the finance company.