Customs Officer fined for smuggling dutiable cigarettes
2011-1-7
A Customs Officer of the Customs and Excise Department (C&E), charged by the ICAC, was today (Friday) fined $13,200 at Fanling Magistracy for smuggling 1,200 sticks of dutiable cigarettes at the Lo Wu Control Point.
Cheng Chi-fung, 25, today pleaded guilty to three counts of failing to declare to a member of C&E, contrary to Section 34A(3) of the Dutiable Commodities Ordinance.
In sentencing, Principal Magistrate Josiah Lam Wai-kuen remarked that as a customs officer, the defendant had knowingly broken the law.
The case arose from a corruption complaint. Subsequent ICAC investigation revealed the above offences.
The court heard that the defendant was attached to the Passenger Processing Unit at the Lo Wu Control Point at the time of the offences. He was responsible for the customs clearance of visitors as well as the prevention and detection of smuggling of duti able commodities.
On three occasions between February 7 and June 19 last year, the defendant left for the Mainland through the Lo Wu Control Point, and returned to Hong Kong within 14 to 16 minutes on the same day.
Upon his departure from Hong Kong on each occasion, the defendant entered a duty free shop and purchased two cartons of 10-pack Duties Not Paid (DNP) cigarettes, totalling 400 sticks of dutiable cigarettes.
When he returned to Hong Kong, he did not declare to a member of C&E the 400 sticks of dutiable cigarettes contained in his personal baggage, which were in excess of the quantities that the Commissioner of Customs and Excise had published in the Gazette.
The court heard that on June 19 last year, the defendant was arrested by ICAC officers at the Lo Wu Control Point upon his return from the Mainland. A search on the defendant recovered two cartons of 10-pack-DNP cigarettes and a receipt issued by the dut y free shop.
When interviewed under caution by ICAC officers, the defendant admitted that he had smuggled a total of 1,200 dutiable cigarettes on the three occasions.
As a result, the defendant evaded tax payments totalling $1,440, the court was told.
C&E had rendered full assistance to the ICAC during its investigation.
The prosecution was today represented by a court prosecutor, assisted by ICAC officer Andrew Ho.
Cheng Chi-fung, 25, today pleaded guilty to three counts of failing to declare to a member of C&E, contrary to Section 34A(3) of the Dutiable Commodities Ordinance.
In sentencing, Principal Magistrate Josiah Lam Wai-kuen remarked that as a customs officer, the defendant had knowingly broken the law.
The case arose from a corruption complaint. Subsequent ICAC investigation revealed the above offences.
The court heard that the defendant was attached to the Passenger Processing Unit at the Lo Wu Control Point at the time of the offences. He was responsible for the customs clearance of visitors as well as the prevention and detection of smuggling of duti able commodities.
On three occasions between February 7 and June 19 last year, the defendant left for the Mainland through the Lo Wu Control Point, and returned to Hong Kong within 14 to 16 minutes on the same day.
Upon his departure from Hong Kong on each occasion, the defendant entered a duty free shop and purchased two cartons of 10-pack Duties Not Paid (DNP) cigarettes, totalling 400 sticks of dutiable cigarettes.
When he returned to Hong Kong, he did not declare to a member of C&E the 400 sticks of dutiable cigarettes contained in his personal baggage, which were in excess of the quantities that the Commissioner of Customs and Excise had published in the Gazette.
The court heard that on June 19 last year, the defendant was arrested by ICAC officers at the Lo Wu Control Point upon his return from the Mainland. A search on the defendant recovered two cartons of 10-pack-DNP cigarettes and a receipt issued by the dut y free shop.
When interviewed under caution by ICAC officers, the defendant admitted that he had smuggled a total of 1,200 dutiable cigarettes on the three occasions.
As a result, the defendant evaded tax payments totalling $1,440, the court was told.
C&E had rendered full assistance to the ICAC during its investigation.
The prosecution was today represented by a court prosecutor, assisted by ICAC officer Andrew Ho.