Street entertainer jailed for bribing LCSD contract security guard
2012-11-5
A street entertainer, charged by the ICAC, was today (Monday) sentenced to six months’ imprisonment at Tuen Mun Magistracy after being found guilty of offering a cash bribe to a contract security guard of Tuen Mun Park for not taking action against his use of an over-sized loud speaker.
Kong Fat-hei, 65, was convicted of one count of offering an advantage to an agent, contrary to Section 9(2)(a) of the Prevention of Bribery Ordinance.
In passing sentence, Deputy Magistrate Hui Chun-sing noted that a custodial sentence had to be meted out in view of the seriousness of the bribery offence.
The deputy magistrate added that the defendant was not credible and he did not find the defendant remorseful.
The court heard that at the material times, Leisure and Cultural Services Department (LCSD) engaged RiskAsia (Hong Kong) Limited (RAL) to provide patrol services, as well as executing noise and crowd control measures in Tuen Mun Park.
In the afternoon of November 20, 2011, a complaint of noise nuisance was received over activities at the lake-end zone in the park which was not a designated area for performances.
Upon the arrival of RAL officers, the defendant was found using an over-sized loud speaker for the musical instruments he and his associates were playing. The noise level of their activities had exceeded the legitimate limit of 65 dB(A).
The defendant gave some banknotes to one of the said officers who advised him to turn down the volume. Despite the officer’s refusal, the defendant kept pressing the banknotes on the officer.
RAL sought assistance from the police, who later recovered six $100 banknotes from the defendant.
The incident was witnessed by another RAL officer, the court was told.
LCSD had rendered full assistance to the ICAC during the investigation.
The prosecution was today represented by Acting Senior Public Prosecutor Dominic Ngai, assisted by ICAC officer Steven Ng.
Kong Fat-hei, 65, was convicted of one count of offering an advantage to an agent, contrary to Section 9(2)(a) of the Prevention of Bribery Ordinance.
In passing sentence, Deputy Magistrate Hui Chun-sing noted that a custodial sentence had to be meted out in view of the seriousness of the bribery offence.
The deputy magistrate added that the defendant was not credible and he did not find the defendant remorseful.
The court heard that at the material times, Leisure and Cultural Services Department (LCSD) engaged RiskAsia (Hong Kong) Limited (RAL) to provide patrol services, as well as executing noise and crowd control measures in Tuen Mun Park.
In the afternoon of November 20, 2011, a complaint of noise nuisance was received over activities at the lake-end zone in the park which was not a designated area for performances.
Upon the arrival of RAL officers, the defendant was found using an over-sized loud speaker for the musical instruments he and his associates were playing. The noise level of their activities had exceeded the legitimate limit of 65 dB(A).
The defendant gave some banknotes to one of the said officers who advised him to turn down the volume. Despite the officer’s refusal, the defendant kept pressing the banknotes on the officer.
RAL sought assistance from the police, who later recovered six $100 banknotes from the defendant.
The incident was witnessed by another RAL officer, the court was told.
LCSD had rendered full assistance to the ICAC during the investigation.
The prosecution was today represented by Acting Senior Public Prosecutor Dominic Ngai, assisted by ICAC officer Steven Ng.