Unemployed man penalised for misleading ICAC officer

2010-8-5

An unemployed man, charged by the ICAC, was today (Thursday) sentenced at Eastern Magistracy for misleading an ICAC officer by making a false corruption complaint against his wife whom he had suspected of having an affair with another person.

Fang Min, 38, was ordered by Acting Principal Magistrate Ms Bina Chainrai to perform 150 hours of community service and to pay $1,000 court costs.

The defendant earlier pleaded guilty to one count of knowingly misleading an ICAC officer by giving false information, contrary to Section 13B(b) of the ICAC Ordinance.

The court heard that on November 19, 2009, the defendant called the ICAC hotline to make a corruption complaint. His call was received by an officer of the ICAC.

The defendant told the ICAC officer that he was Fang Xiao-ming and operated a company in Shenzhen. In early 2009, he claimed to have engaged a logistics company in Hong Kong to deliver his goods from Hong Kong to Shenzhen.

He also told the ICAC officer that on three occasions in 2009, he gave a bribe of $1,000 each to a clerk of the logistics company in return for the latter’s assistance in giving priority to his orders.

The court also heard that the defendant did not disclose to the ICAC officer that the clerk was in fact his wife.

Acting upon the information provided by the defendant, the ICAC commenced an investigation into the corruption complaint.

When interviewed under caution by ICAC officers on December 23, 2009, the defendant admitted that he had used his mainland name, Fang Xiao-ming, to lodge the complaint on November 19.

The defendant also admitted that he had never offered advantages to the clerk as rewards for expediting the delivery of goods, and revealed his relationship with the clerk.

The defendant further admitted making the false report against his wife because he suspected she might have an affair with another person, the court was told.

The prosecution was today represented by ICAC officer Lam Cheuk-ting.
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