CSD officers jailed for misconduct over supervision of discharged inmates
2012-10-5
Two officers of the Correctional Services Department (CSD), charged by the ICAC, were today (Friday) each sentenced to three months’ imprisonment at Eastern Magistracy for misconduct by helping 12 discharged inmates evade detection of abuses of dangerous drugs during statutory supervision periods.
Tang Kwai-man, 49, Officer, and Leung Siu-wing, 53, Assistant Officer I, earlier each pleaded guilty to one count of misconduct in public office, contrary to the Common Law.
In sentencing, Deputy Magistrate Allan Wyeth said the offences committed by the defendants constituted a breach of trust as they did not follow the guidelines in discharging their duties.
The deputy magistrate added that custodial sentences were imposed on the defendants to serve as a deterrent.
Upon the applications of the defendants, the deputy magistrate granted them cash bail of $5,000 each, pending their appeals against sentences. The defendants were also ordered not to leave Hong Kong.
The case arose from a corruption complaint. Subsequent ICAC enquiries revealed the above misconduct offences.
The court heard that at the material times, Tang and Leung were posted to the Rehabilitation Unit of CSD. They were tasked to enforce a one-year statutory supervision on discharged inmates of the Hei Ling Chau Addiction Treatment Centre (HLTC) under the Drug Addiction Treatment Centre Ordinance.
If the discharged inmates breached the conditions of supervision during the one-year statutory supervision period, they would be sent back to the HLTC for drug treatment under a Recall Order.
The court heard that between April 8 and November 21, 2009, Tang and Leung willfully misconducted themselves by failing to perform their duty of supervising 12 discharged inmates subjected to supervision orders.
The duo failed to visit those discharged inmates at their homes or work places as stated on the Records of Supervision (RoSs), and absented themselves when some of the inmates provided their urine samples.
They also submitted the RoSs with incorrect dates, times, places and/or participating officers, and failed to record in the ROSs that two discharged inmates had admitted taking dangerous drugs.
The court heard that on September 9, 2009, Leung even discarded four bottles of urine in a street in Shau Kei Wan. Five days later, he threw away two other bottles of urine at a similar location.
Having recovered those bottles of urine, ICAC officers sent them to the Government Laboratory. Its forensic examination found that the six bottles of urine, which contained traces of dangerous drugs, belonged to four of the discharged inmates.
When interviewed under caution by ICAC officers, Leung admitted that he would swap the urine samples of discharged inmates with his own urine when those inmates made their admissions of taking dangerous drugs.
On September 9, 2009, Leung used his own urine to replace the urine samples of two of the above discharged inmates, the court was told.
CSD had rendered full assistance to the ICAC during the investigation.
The prosecution was today represented by Acting Senior Assistant Director of Public Prosecutions Isaac Tam, assisted by ICAC officer Aggie Lo.
Tang Kwai-man, 49, Officer, and Leung Siu-wing, 53, Assistant Officer I, earlier each pleaded guilty to one count of misconduct in public office, contrary to the Common Law.
In sentencing, Deputy Magistrate Allan Wyeth said the offences committed by the defendants constituted a breach of trust as they did not follow the guidelines in discharging their duties.
The deputy magistrate added that custodial sentences were imposed on the defendants to serve as a deterrent.
Upon the applications of the defendants, the deputy magistrate granted them cash bail of $5,000 each, pending their appeals against sentences. The defendants were also ordered not to leave Hong Kong.
The case arose from a corruption complaint. Subsequent ICAC enquiries revealed the above misconduct offences.
The court heard that at the material times, Tang and Leung were posted to the Rehabilitation Unit of CSD. They were tasked to enforce a one-year statutory supervision on discharged inmates of the Hei Ling Chau Addiction Treatment Centre (HLTC) under the Drug Addiction Treatment Centre Ordinance.
If the discharged inmates breached the conditions of supervision during the one-year statutory supervision period, they would be sent back to the HLTC for drug treatment under a Recall Order.
The court heard that between April 8 and November 21, 2009, Tang and Leung willfully misconducted themselves by failing to perform their duty of supervising 12 discharged inmates subjected to supervision orders.
The duo failed to visit those discharged inmates at their homes or work places as stated on the Records of Supervision (RoSs), and absented themselves when some of the inmates provided their urine samples.
They also submitted the RoSs with incorrect dates, times, places and/or participating officers, and failed to record in the ROSs that two discharged inmates had admitted taking dangerous drugs.
The court heard that on September 9, 2009, Leung even discarded four bottles of urine in a street in Shau Kei Wan. Five days later, he threw away two other bottles of urine at a similar location.
Having recovered those bottles of urine, ICAC officers sent them to the Government Laboratory. Its forensic examination found that the six bottles of urine, which contained traces of dangerous drugs, belonged to four of the discharged inmates.
When interviewed under caution by ICAC officers, Leung admitted that he would swap the urine samples of discharged inmates with his own urine when those inmates made their admissions of taking dangerous drugs.
On September 9, 2009, Leung used his own urine to replace the urine samples of two of the above discharged inmates, the court was told.
CSD had rendered full assistance to the ICAC during the investigation.
The prosecution was today represented by Acting Senior Assistant Director of Public Prosecutions Isaac Tam, assisted by ICAC officer Aggie Lo.