Policeman charged with bribery, misconduct and unauthorised computer checks

2014-7-16

A Police Constable (PC) has been charged by the ICAC today (Wednesday) with soliciting and accepting advantages, misconduct in public office and conducting unauthorised checks on personal particulars and/or criminal records from government computer databases for a businessman.

Cheng Chi-yuen, 36, faces one count of public servant soliciting an advantage and one of public servant accepting an advantage, contrary to Section 4(2)(a) of the Prevention of Bribery Ordinance.

Cheng further faces one count of misconduct in public office, contrary to Common Law; and 16 of obtaining access to a computer with a view to dishonest gain for himself or another, contrary to Section 161(1)(c) of the Crimes Ordinance.

The defendant, currently on ICAC bail, will appear in the Fanling Magistracy at 9:30 am on Friday (July 18) for transfer to the District Court.

At the material time, the defendant was a PC of the Hong Kong Police Force (HKPF). The defendant came to know a businessman in an investigation of the HKPF in 2009 when he was attached to a District Investigation Team of Yuen Long District. Since April 2012, he had been posted to a District Investigation Team of Tai Po District.

Sixteen of the charges allege that the defendant, with a view to dishonest gain for himself or another, obtained the personal particulars and/or criminal records of five persons and the registration details of a vehicle from the computer databases of the HKPF and the Transport Department (TD) respectively for himself or the businessman.

Two other charges allege the defendant of having solicited $20,000 from the businessman and accepted from him the discharge of a liability to pay $10,000 as rewards for obtaining and divulging the above information to him.

The remaining charge alleges that the defendant, in the course of or in relation to his public office, without reasonable excuse or justification, wilfully and intentionally misconducted himself by obtaining or instructing another PC to obtain the above information by conducting searches from the said computer databases, and divulging those information to the businessman.

The above alleged offences took place between November 2012 and January 2013.

The case arose from a corruption complaint referred by the HKPF.

The HKPF and the TD had rendered full assistance to the ICAC during its investigation.
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