Three more months in jail for soliciting unauthorised loan

2012-2-2

A former Police Sergeant, charged by the ICAC, was today (Thursday) ordered to serve three more months in jail for soliciting an unauthorised loan of tens of thousands dollars from a complainant of a deception case.

Leung Wai-yin, 47, yesterday pleaded guilty at Fanling Magistracy to one count of prescribed officer soliciting an advantage, contrary to Section 3 of the Prevention of Bribery Ordinance. A similar offence against him was ordered to be left on court file .

In sentencing, Magistrate Eric Cheung Kwan-ming said the deeds of the defendant impaired his impartiality in discharging duties as a law enforcer.

The magistrate sentenced the defendant to four months’ imprisonment, and ordered three of the four months to run consecutively to his current 21-month jail term for misconduct in public office in another case.

The court heard that at the material time, Leung was attached to the Divisional Investigation Team of Tin Shui Wai Police Station.

In October 2009, Xie Yue, a Singaporean woman, reported a deception case to the police station. The defendant was then assigned to supervise the investigation of the case.

Upon receipt of the report, the defendant contacted Xie for further information. Since then, the defendant had maintained telephone contacts with Xie.

The court heard that between October 2009 and June 2010, the defendant had arranged several dinners with Xie at a restaurant in Sheung Shui. At one of the dinners, the defendant asked Xie to help ease his financial difficulties by lending him money.

Instead of specifying an exact amount, the defendant numerated to Xie his monthly expenditures, such as loan repayments and domestic expenses, which amounted to tens of thousands of dollars.

Xie regarded that the defendant was soliciting an unauthorised loan of tens of thousands dollars from her. She declined the defendant’s request, the court was told.

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

The Police had rendered full assistance to the ICAC during its investigation.

The prosecution was today represented by Public Prosecutor Felix Tam, assisted by ICAC officer Marcus Leung.
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