Four months' jail for woman offering $500 'lai see' to driving test examiner

2006-7-3

A woman, charged by the ICAC, was today (Monday) jailed for four months at the Kowloon City Magistracy for offering a $500 "lai see" packet to a driving examiner of the Transport Department for the latter to act favourably towards her in her driving test.

Fong Fong, 51, today pleaded guilty to one count of offering an advantage to a public servant, contrary to Section 4(1)(a) of the Prevention of Bribery Ordinance.

Magistrate Mr Tong Man also ordered to confiscate the $500 bribe money.

In sentencing, the magistrate said he found no reason that warranted a departure from the starting point of a six months' jail term for the serious offence committed.

The magistrate added that however, he had taken into consideration the defendant's guilty plea in meting out the four-month term.

The case was referred to the ICAC by the Transport Department.

The court heard that in the morning of May 8 this year, the defendant arrived at the Pui Ching Road Driving Test Centre in Homantin for her private car driving test.

Whilst processing her documents, a duty officer at the centre invited the defendant to read two notices to driving test candidates, which stated that bribing Transport Department staff was an offence.

Shortly after the road test began, the defendant stopped her car in front of a red traffic light at Pui Ching Road. She took out a "lai see" packet and put it on the examiner's seat, telling the examiner it was a "small greeting gift".

The driving test examiner ordered the defendant to put the "lai see" away and told her it was an offence under the Hong Kong law. But the defendant said, "It's just a small token, a popular gesture of Cantonese people. I won't give you a lot anyway."

The examiner repeated his message three times, and it was only after the fourth request that the defendant retrieved the "lai see" packet.

The examiner then continued the road test, which the defendant failed in the end as she had made three serious mistakes.

After returning to the driving test centre, the examiner reported the incident to the duty officer, who immediately referred the case to the ICAC.

The defendant was arrested at the driving test centre later in the afternoon. A "lai see" packet containing five $100 banknotes was recovered from her.

The prosecution was today represented by ICAC officer Daniel Leung.
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