Duo jailed for perversion by obstructing police actions against illegal sale of liquor

2019-1-15

A security supervisor of an industrial building and an operator of an unlicensed bar, charged by the ICAC, were today (January 15) sentenced to jail terms up to three months at the Tuen Mun Magistracy for perverting public justice by obstructing law enforcement actions by the Hong Kong Police Force (HKPF) against illegal sale of liquor at the bar.

Lee Lap-kan, 35, security supervisor of the industrial building in Tuen Mun, received a jail term of two months, while Zhao Qinwa, 49, operator of the unlicensed bar, was jailed for three months.

In sentencing, Acting Principal Magistrate Miss Ivy Chui Yee-mei said Zhao deserved a jail term longer than that of Lee as she was the instigator of the conspiracy to pervert the course of public justice.

Lee and Zhao earlier pleaded guilty to a joint charge of conspiracy to pervert the course of public justice, contrary to Common Law and Section 159A of the Crimes Ordinance.

The case arose from a corruption complaint referred by the HKPF. Subsequent ICAC enquiries revealed the above offence.

The court heard that since 2006, Lee had been a security guard of an industrial building in Shek Pai Tau Road, Tuen Mun. In 2015, he was promoted to night shift security supervisor. Zhao was operating an unlicensed bar cum karaoke establishment in the industrial building.

In October 2017, police officers posing as “customers” carried out an operation against the bar. The operation turned overt, resulting in the arrest of Zhao for selling liquor without a licence, possessing liquor for sale without a licence, and operating a karaoke establishment without a permit.

Prior to the operation, Zhao was seen checking her mobile phone at the bar. When the “customers” were about to leave the bar, they were stopped by Zhao who asked them not to open the door as there were police officers outside.

The court heard that having suspected someone might have tipped Zhao off about the operation, a police inspector inspected her mobile phone. The inspector found that she received a call from Lee and there were text messages between them before the operation turned overt.

Subsequently, Lee was located at the security control room of the industrial building. An inspection of his phone found messages with Zhao about police actions at the building since August 2017. The HKPF referred the suspected corruption case to the ICAC for investigation.

When interviewed under caution by ICAC officers, Lee admitted that Zhao had treated him free liquor and meal and given him money for his assistance. Upon legal advice from the Department of Justice, the ICAC charged Lee and Zhao with conspiracy to pervert the course of public justice as their corrupt acts were aimed at frustrating the police operation, the court was told.

The HKPF had rendered full assistance to the ICAC during its investigation into the case.

The prosecution was today represented by Senior Public Prosecutor Peggy Leung, assisted by ICAC officer Wilson Tang.
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