Senior Immigration Assistant gets four years and five months for misconduct
2006-7-5
A Senior Immigration Assistant of the Immigration Department, charged by the ICAC, was today (Wednesday) sentenced to a total of four years and five months' imprisonment for misconduct in public office over the unauthorised use of the Department's arrival and departure chops to help Mainlanders stay in Hong Kong unlawfully, as well as possessing identity cards relating to other persons.
Ngai Chi-keung, 38, was earlier found guilty at the District Court on five counts of misconduct in public office, and one of possessing Hong Kong Identity Cards relating to other persons.
In sentencing, Deputy Judge Sham Siu-man said an immediate custodial sentence must be imposed on the defendant, in view of the serious nature of the offences committed and the breach of trust involved.
The judge added that the offences committed by the defendant might create confusion to the Department's computer system, upon which the court and law enforcement agencies relied.
The court also commented that the defendant's act might compromise the government's effort in combatting the problem of illegal workers in Hong Kong.
The case was a referral from the Immigration Department, alleging that an officer of the Department might have accepted advantages from a syndicate for facilitating two-way permit holders to extend their stay in Hong Kong unlawfully. Investigation reveal ed the misconduct offences.
The court heard that at the time of the offences, the defendant was attached to the Hung Hom Station Control Point (Control Point).
Between December 2004 and April 2005, seven Mainlanders travelling to Hong Kong on two-way permits had either themselves or through a middleman approached the defendant on various occasions with their travel documents.
The court heard that the defendant had improperly applied his arrival and departure chops on the two-way permits of five of the Mainlanders whilst on duty at the Control Point, purporting to show that those Mainlanders had departed and subsequently return ed to Hong Kong, while in fact they had not left Hong Kong.
The defendant also made false entries in the Department's computer system in relation to those persons' movement records.
Some of the Mainlanders had made payments, ranging from $50 to $1,500, to the middleman, who arranged to have their travel documents stamped by the defendant to extend their stay illegally, the court was told.
The court also heard that when the defendant was arrested by ICAC officers at the Control Point on April 29, 2005, two Hong Kong Identity Cards relating to other persons were seized from his locker.
One of the Mainlanders was earlier charged by the ICAC with conspiracy to offer advantages to an officer of the Immigration Department and an immigration offence. He pleaded guilty and was jailed for seven months.
The other six Mainlanders were also charged by the Immigration Department for immigration offences. All were given jail terms.
The prosecution was today represented by Senior Government Counsel Jonathan Man, assisted by ICAC officer Dickson Liang.
Ngai Chi-keung, 38, was earlier found guilty at the District Court on five counts of misconduct in public office, and one of possessing Hong Kong Identity Cards relating to other persons.
In sentencing, Deputy Judge Sham Siu-man said an immediate custodial sentence must be imposed on the defendant, in view of the serious nature of the offences committed and the breach of trust involved.
The judge added that the offences committed by the defendant might create confusion to the Department's computer system, upon which the court and law enforcement agencies relied.
The court also commented that the defendant's act might compromise the government's effort in combatting the problem of illegal workers in Hong Kong.
The case was a referral from the Immigration Department, alleging that an officer of the Department might have accepted advantages from a syndicate for facilitating two-way permit holders to extend their stay in Hong Kong unlawfully. Investigation reveal ed the misconduct offences.
The court heard that at the time of the offences, the defendant was attached to the Hung Hom Station Control Point (Control Point).
Between December 2004 and April 2005, seven Mainlanders travelling to Hong Kong on two-way permits had either themselves or through a middleman approached the defendant on various occasions with their travel documents.
The court heard that the defendant had improperly applied his arrival and departure chops on the two-way permits of five of the Mainlanders whilst on duty at the Control Point, purporting to show that those Mainlanders had departed and subsequently return ed to Hong Kong, while in fact they had not left Hong Kong.
The defendant also made false entries in the Department's computer system in relation to those persons' movement records.
Some of the Mainlanders had made payments, ranging from $50 to $1,500, to the middleman, who arranged to have their travel documents stamped by the defendant to extend their stay illegally, the court was told.
The court also heard that when the defendant was arrested by ICAC officers at the Control Point on April 29, 2005, two Hong Kong Identity Cards relating to other persons were seized from his locker.
One of the Mainlanders was earlier charged by the ICAC with conspiracy to offer advantages to an officer of the Immigration Department and an immigration offence. He pleaded guilty and was jailed for seven months.
The other six Mainlanders were also charged by the Immigration Department for immigration offences. All were given jail terms.
The prosecution was today represented by Senior Government Counsel Jonathan Man, assisted by ICAC officer Dickson Liang.