Subcontractor jailed for bribing police officers with moon-cakes
2009-3-6
A construction subcontractor, charged by the ICAC, was today (Friday) sentenced to two months’ imprisonment at Tsuen Wan Magistracy for offering 15 boxes of moon-cakes to police officers, while having dealings with the latter.
Chin Tat-yung, 37, a director of Brilliant Ray Limited (BRL), pleaded guilty to one count of offering an advantage to prescribed officers, contrary to Section 8(1) of the Prevention of Bribery Ordinance.
In sentencing, Magistrate Mr John Glass said a custodial sentence was appropriate for the defendant, as the case was not an exceptional one warranting a suspended sentence or a community service order.
The magistrate also rejected the defence’s arguments that the defendant was ignorant of the law, and that the offering of moon-cakes was a Chinese custom during the Mid-Autumn Festival instead of a bribe.
The case arose from a police referral.
The court heard that BRL was appointed as the construction subcontractor responsible for certain roadworks on Lantau Island.
Prior to carrying out a roadwork project, BRL had to submit a roadwork advice to the Police’s Traffic Team of Lantau District for comments and approval.
In addition, before the commencement of the roadwork project, BRL was required to submit a notice to the traffic team to detail the exact duration of the project.
The defendant was cited as the responsible person of the roadwork projects in both the advice and the notice.
The court heard that between January and September 2007, the traffic team approved 54 roadwork projects carried out by BRL.
On September 14, 2007, 11 days before the Mid-Autumn Festival, the defendant called the traffic team.
A police constable met the defendant at the carpark of the Lantau police station, where the defendant gave 15 boxes of moon-cakes to the police constable.
A senior inspector of police later contacted the defendant and returned the moon-cakes to the latter.
The Police had rendered full assistance to the ICAC during its investigation.
The prosecution was today represented by Senior Public Prosecutor Richard Ma, assisted by ICAC officer Mon Chan.
Chin Tat-yung, 37, a director of Brilliant Ray Limited (BRL), pleaded guilty to one count of offering an advantage to prescribed officers, contrary to Section 8(1) of the Prevention of Bribery Ordinance.
In sentencing, Magistrate Mr John Glass said a custodial sentence was appropriate for the defendant, as the case was not an exceptional one warranting a suspended sentence or a community service order.
The magistrate also rejected the defence’s arguments that the defendant was ignorant of the law, and that the offering of moon-cakes was a Chinese custom during the Mid-Autumn Festival instead of a bribe.
The case arose from a police referral.
The court heard that BRL was appointed as the construction subcontractor responsible for certain roadworks on Lantau Island.
Prior to carrying out a roadwork project, BRL had to submit a roadwork advice to the Police’s Traffic Team of Lantau District for comments and approval.
In addition, before the commencement of the roadwork project, BRL was required to submit a notice to the traffic team to detail the exact duration of the project.
The defendant was cited as the responsible person of the roadwork projects in both the advice and the notice.
The court heard that between January and September 2007, the traffic team approved 54 roadwork projects carried out by BRL.
On September 14, 2007, 11 days before the Mid-Autumn Festival, the defendant called the traffic team.
A police constable met the defendant at the carpark of the Lantau police station, where the defendant gave 15 boxes of moon-cakes to the police constable.
A senior inspector of police later contacted the defendant and returned the moon-cakes to the latter.
The Police had rendered full assistance to the ICAC during its investigation.
The prosecution was today represented by Senior Public Prosecutor Richard Ma, assisted by ICAC officer Mon Chan.