Police Sergeant gets six months for misconduct in public office

2009-8-6

A Police Sergeant, charged by the ICAC, was today (Thursday) sentenced to six months’ imprisonment at the District Court for misconduct in public office by advising others on suspected unlawful activities in relation to drugs and prostitution.

Edward Fung Hin-wah, 48, Police Sergeant, was found guilty of one count of misconduct in public office, contrary to Common Law.

Co-defendants Lau Kim-hung, 41, decoration worker, and Chu An-bun, 40, unemployed, earlier pleaded guilty to a joint charge of conspiracy to offer advantages to a public servant. They were each jailed for 12 months today.

In July 2008, Lau and Chu were also convicted at Kowloon City Magistracy of drug trafficking-related offences arising from the same ICAC investigation. They each received a jail term of 12 months, and were released from custody in February this year.

In sentencing, Deputy Judge Josiah Lam Wai-kuen said Fung had brought shame on himself and discredit on the Force.

The case arose from a corruption complaint. Subsequent ICAC enquiries revealed the above offences.

The court heard that in February 2007, the ICAC commenced an operation in connection with a corruption complaint alleging a police officer of corruptly offering protection to a drug dealer.

During the operation, two ICAC undercover officers, with pseudonyms “Ah Chun” and “Yiu Gor”, posed as businessmen with an intention to run a private club.

“Ah Chun” became acquainted with Lau, a drug dealer, who then introduced him to Chu, another drug dealer.

Chu told “Ah Chun” that he was receiving protection for his drug business from a police officer nicknamed “Wah Koh”. Chu and Lau then introduced “Ah Chun” to Fung.

On June 5, 2007, Lau and Chu suggested to “Ah Chun” that he should transfer to Fung some shares in the private club allegedly run by “Yiu Gor”, the boss of “Ah Chun”. In exchange, Fung would alert them to any police operation that might affect the club’s business.

Lau, Chu and the two undercover officers met Fung on June 22 and July 5, 2007 respectively.

During the two meetings, Fung gave advice to those present on how to run the club’s business which included drugs and prostitution, as well as how to avoid police detection, the court was told.

The prosecution was today represented by prosecuting counsel Bernard Chung, assisted by ICAC officers Clement Cheng and Lam Cheung-ching.
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