Policeman jailed for fraud, unauthorised loan and perversion
2010-9-24
A Police Constable was today (Friday) sentenced to three years and two months’ imprisonment at the District Court for deceiving over $90,000 from the wife of an arrestee and a police suspect, accepting an unauthorised loan of $3,000, and perverting the course of public justice by persuading the police suspect not to assist the ICAC in a corruption investigation.
Lau Chun-wai, 33, earlier pleaded guilty to a total of 18 offences - 16 counts of fraud; one of prescribed officer accepting an advantage, contrary to Section 3 of the Prevention of Bribery Ordinanc e; and one of doing an act tending and intended to pervert the course of public justice.
In sentencing, Deputy Judge Gary Lam Kar-yan said the defendant’s acts had brought disgrace on himself and the police force.
The judge also reprimanded the defendant for abusing his office as a law enforcer and knowingly breaking the law. A custodial sentence had to be meted out to the defendant to reflect the seriousness of his offences, the judge added.
The court heard that the defendant joined the Hong Kong Police Force (HKPF) in May 1998 as a Police Constable. Since January 2008, he had been posted to an investigation team of Wanchai police station.
On April 1, 2008, the defendant was assigned to investigate a suspected blackmail case. After arresting a suspect in connection with the case, the defendant told the suspect’s wife that her husband would be detained overnight, and asked her to give him $5,000 for paying the suspect’s bail.
The suspect’s wife then paid the requested $5,000 to the defendant, but the detention of her husband continued until April 3 when he was escorted to Eastern Magistracy for plea on one count of blackmail. The suspect was allowed bail with the bail money paid by his w ife. Since then, the defendant had never returned the money to her.
The court heard that on seven other occasions between June 6 and August 1, 2008, the defendant falsely represented to another suspect in an indecent assault case that the nature of the alleged offence was serious, and claimed that the suspect had to pay a total of $35,000 as bail money.
The defendant also deceived $43,000 in total from the same suspect on four other occasions between June 16 and September 24, 2008, by claiming that the victim of the indecent assault case had demanded the money for withdrawing her complaint.
In fact, the said victim was found to have given false information to the Police, and was later charged and convicted of the offence. She had never demanded money from the suspect nor had she received any of the aforesaid payments.
On four other occasions between October 13 and December 17, 2008, the defendant had induced the above suspect to lend him a total of $7,400, by claiming that he was then under ICAC investigation and that the sums of money were required for paying his bail .
The court also heard that on October 9, 2008, the defendant borrowed an unauthorised loan of $3,000 from the above suspect, using pretexts that he had lent money to friends and needed money for his wedding.
Having learnt on December 20, 2008 that ICAC officers had asked the said suspect to assist in a corruption investigation, the defendant coached the said suspect not to give any witness statement to ICAC and not to mention the monetary dealings between the m, the court was told.
The HKPF had rendered full assistance to the ICAC during its investigation.
The prosecution was today represented by Senior Public Prosecutor Olivia Tsang, assisted by ICAC officer Gary Tam.
Lau Chun-wai, 33, earlier pleaded guilty to a total of 18 offences - 16 counts of fraud; one of prescribed officer accepting an advantage, contrary to Section 3 of the Prevention of Bribery Ordinanc e; and one of doing an act tending and intended to pervert the course of public justice.
In sentencing, Deputy Judge Gary Lam Kar-yan said the defendant’s acts had brought disgrace on himself and the police force.
The judge also reprimanded the defendant for abusing his office as a law enforcer and knowingly breaking the law. A custodial sentence had to be meted out to the defendant to reflect the seriousness of his offences, the judge added.
The court heard that the defendant joined the Hong Kong Police Force (HKPF) in May 1998 as a Police Constable. Since January 2008, he had been posted to an investigation team of Wanchai police station.
On April 1, 2008, the defendant was assigned to investigate a suspected blackmail case. After arresting a suspect in connection with the case, the defendant told the suspect’s wife that her husband would be detained overnight, and asked her to give him $5,000 for paying the suspect’s bail.
The suspect’s wife then paid the requested $5,000 to the defendant, but the detention of her husband continued until April 3 when he was escorted to Eastern Magistracy for plea on one count of blackmail. The suspect was allowed bail with the bail money paid by his w ife. Since then, the defendant had never returned the money to her.
The court heard that on seven other occasions between June 6 and August 1, 2008, the defendant falsely represented to another suspect in an indecent assault case that the nature of the alleged offence was serious, and claimed that the suspect had to pay a total of $35,000 as bail money.
The defendant also deceived $43,000 in total from the same suspect on four other occasions between June 16 and September 24, 2008, by claiming that the victim of the indecent assault case had demanded the money for withdrawing her complaint.
In fact, the said victim was found to have given false information to the Police, and was later charged and convicted of the offence. She had never demanded money from the suspect nor had she received any of the aforesaid payments.
On four other occasions between October 13 and December 17, 2008, the defendant had induced the above suspect to lend him a total of $7,400, by claiming that he was then under ICAC investigation and that the sums of money were required for paying his bail .
The court also heard that on October 9, 2008, the defendant borrowed an unauthorised loan of $3,000 from the above suspect, using pretexts that he had lent money to friends and needed money for his wedding.
Having learnt on December 20, 2008 that ICAC officers had asked the said suspect to assist in a corruption investigation, the defendant coached the said suspect not to give any witness statement to ICAC and not to mention the monetary dealings between the m, the court was told.
The HKPF had rendered full assistance to the ICAC during its investigation.
The prosecution was today represented by Senior Public Prosecutor Olivia Tsang, assisted by ICAC officer Gary Tam.