Man jailed for bribery over vehicle examinations
2018-12-10
A partner of a car body decoration business, charged by the ICAC, was today (December 10) sentenced to four months’ imprisonment at the Tuen Mun Magistracy after being convicted of conspiracy to offer bribes to an approved car tester (ACT) of a designated car testing centre (DCTC) for passing vehicles with alterations in roadworthiness examinations.
Joe Kwok Chun-hei, 46, was found guilty of one count of conspiracy to offer an advantage to an agent, contrary to Section 9(2)(a) of the Prevention of Bribery Ordinance and Section 159A of the Crimes Ordinance.
In sentencing, Magistrate Ms Kelly Shui said she had to mete out an immediate custodial sentence to the defendant so as to reflect the seriousness of his bribery offence, which had undermined the integrity of the vehicle examination system.
Upon the defendant’s application, the magistrate granted him bail pending his appeal.
The court heard that at the material time, the defendant and his partner, who were members of a car owners club, were operating a car body decoration business.
Through a common friend, the duo came to know an ACT of a motor company, which had been running a DCTC of the Transport Department (TD) in Tuen Mun since 2015.
The court found that in November 2016, the partner drove a vehicle which had mechanical problems and alterations to the ACT for an annual vehicle examination. The ACT conducted the examination and issued a certificate of roadworthiness (CoR) to the vehicle.
The defendant and his partner agreed to pay a bribe of $500 to the ACT as a reward for disregarding defects or irregularities in the vehicle and issuing the CoR even though the vehicle concerned was not eligible to pass the test in the examination.
The court found that between December 2016 and April 2017, the defendant arranged for the ACT to examine two other vehicles which had various alterations. The ACT also issued CoRs to the vehicles after conducting the examinations.
The defendant and his partner also agreed to pay the ACT bribes totalling $800 as rewards for the same reason for the two other vehicles.
The TD had rendered full assistance to the ICAC during its investigation into the case.
The prosecution was today represented by Senior Public Prosecutor Laura Ng, assisted by ICAC officer Hanna Chan.
Joe Kwok Chun-hei, 46, was found guilty of one count of conspiracy to offer an advantage to an agent, contrary to Section 9(2)(a) of the Prevention of Bribery Ordinance and Section 159A of the Crimes Ordinance.
In sentencing, Magistrate Ms Kelly Shui said she had to mete out an immediate custodial sentence to the defendant so as to reflect the seriousness of his bribery offence, which had undermined the integrity of the vehicle examination system.
Upon the defendant’s application, the magistrate granted him bail pending his appeal.
The court heard that at the material time, the defendant and his partner, who were members of a car owners club, were operating a car body decoration business.
Through a common friend, the duo came to know an ACT of a motor company, which had been running a DCTC of the Transport Department (TD) in Tuen Mun since 2015.
The court found that in November 2016, the partner drove a vehicle which had mechanical problems and alterations to the ACT for an annual vehicle examination. The ACT conducted the examination and issued a certificate of roadworthiness (CoR) to the vehicle.
The defendant and his partner agreed to pay a bribe of $500 to the ACT as a reward for disregarding defects or irregularities in the vehicle and issuing the CoR even though the vehicle concerned was not eligible to pass the test in the examination.
The court found that between December 2016 and April 2017, the defendant arranged for the ACT to examine two other vehicles which had various alterations. The ACT also issued CoRs to the vehicles after conducting the examinations.
The defendant and his partner also agreed to pay the ACT bribes totalling $800 as rewards for the same reason for the two other vehicles.
The TD had rendered full assistance to the ICAC during its investigation into the case.
The prosecution was today represented by Senior Public Prosecutor Laura Ng, assisted by ICAC officer Hanna Chan.