Policemen jailed for perversion over traffic offences

2009-11-16

Two Police Constables, charged by the ICAC, were today (Monday) sent to jail at the District Court for conspiracy to pervert the course of public justice in relation to the investigation of traffic offences.

Raymond Tin Sai-fung, 45, received a jail term of two years, while Tsang Kwok-kin, 35, was jailed for six months.

In sentencing, Judge Andrew Chan Hing-wai said the defendants should not commit the crime since they, as police officers, were tasked to maintain law and order.

The judge also said the defendants’ acts would damage public confidence in the force.

Tin and Tsang were earlier found guilty of a joint charge of conspiracy to pervert the course of public justice. Tin was also convicted of one count of doing an act tending and intended to pervert the course of public justice.

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

The court heard that on February 24, 2007, a woman’s vehicle collided with a bus in To Kwa Wan. The bus driver reported the accident to the Police.

The woman driver came to know Tin through her friend. Realising that there was a report of accident against her, Tin volunteered some advice to the woman driver and coached her how she could minimise her guilt, including taking photographs of her vehicle after reparation.

On March 27, 2007, the woman driver went to the police station to attend an interview. Prior to the interview, Tin asked her to buy him two dozens of cakes. She did so accordingly.

The court heard that at the police station, Tsang introduced himself to the woman as the officer-in-charge of the case. After interviewing her, Tsang gave her a copy of the interview.

When the woman driver was about to leave the police station, Tin came after her and asked to see the record of interview. Tin then instructed the woman driver to destroy the copy.

On April 1, 2007, Tsang called the woman driver and asked her to go to the police station at once to give a statement.

However, the woman driver did not see Tsang at the police station. Instead, Tin taught her to write a note stating that both parties agreed to settle the dispute after she had made compensation to the bus company.

Tin also told the woman driver to backdate the note to March 27, 2007 when the interview was initially taken, and to provide photographs showing that her vehicle was in good condition after reparation.

While the woman driver was awaiting her friend to deliver the photographs to the police station, Tin asked her to buy him some food from a fast food restaurant. She did so accordingly.

In early April 2007, Tsang submitted to his superior officer a file containing the above note and the two photographs. The file, however, did not contain the record of interview.

Upon the recommendation of Tsang, his superior officer subsequently endorsed that no further action was warranted for the case.

The court also heard that a motorcycle collided with a private car in Mongkok on March 21, 2007. The driver of the motorcycle asked his friend, who was the owner of the motorcycle, to stand in as the driver.

When contacted by Tin, the owner revealed that he was not the offending driver. In a subsequent interview, Tin allowed the owner to stand in as the driver of the motorcycle, the court was told.

The prosecution was today represented by prosecuting counsel Phil Chau, assisted by ICAC officer Alice Wong.
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