C&E officers charged with misconduct over duty-not-paid cigarette seizure
2015-4-22
Three officers of the Customs and Excise Department (C&E) have been charged by the ICAC today (Wednesday) for alleged misconduct in public office over duty-not-paid cigarettes seized from a cross-border driver at the Lok Ma Chau Control Point (LMCCP).
Chiu Kang-wo, 53, and Kong Wing-yi, 33, both Customs Inspectors (CIs); and Chow Kwong-wah, 46, Senior Customs Officer (SCO), jointly face one count of misconduct in public office, contrary to Common Law.
The defendants will appear at the Fanling Magistracy on Friday (April 24) for plea.
The case arose from a corruption complaint. Subsequent ICAC enquiries revealed the above alleged misconduct offence.
At the material time, Chiu and Kong were CIs posted to a team under the Cargo and Vehicle Processing Unit of the LMCCP, whereas Chow was a SCO of the team.
The charge alleges that between July 27 and 28, 2013, the defendants, together with a Customs Officer, in the course of or in relation to their public offices, wilfully and intentionally misconducted themselves without reasonable excuse or justification by:
• initiating and suggesting to a cross-border driver that they would treat the driver to have imported into Hong Kong only 1,243 sticks of dutiable cigarettes;
• destroying about 757 sticks of dutiable cigarettes seized from the driver;
• dishonestly recording in the official record for the senior management of the C&E that the driver had imported to Hong Kong only 1,243 sticks of dutiable cigarettes; and
• compounding the two offences committed by the driver, namely possession of dutiable goods and failing to declare dutiable goods under the Dutiable Commodities Ordinance, in respect of only 1,243 sticks of dutiable cigarettes seized from the driver by accepting from him as penalties a total sum of $12,602.70 pursuant to the Ordinance.
The defendants further face a joint alternative charge of doing acts tending and intended to pervert the course of public justice, contrary to Common Law.
The alternative charge alleges that between July 27 and 28, 2013, the defendants did the series of acts aforementioned which had a tendency to pervert the course of public justice.
The C&E had rendered full assistance to the ICAC during its investigation.
The defendants have been released on ICAC bail, pending their court appearance on Friday.
Chiu Kang-wo, 53, and Kong Wing-yi, 33, both Customs Inspectors (CIs); and Chow Kwong-wah, 46, Senior Customs Officer (SCO), jointly face one count of misconduct in public office, contrary to Common Law.
The defendants will appear at the Fanling Magistracy on Friday (April 24) for plea.
The case arose from a corruption complaint. Subsequent ICAC enquiries revealed the above alleged misconduct offence.
At the material time, Chiu and Kong were CIs posted to a team under the Cargo and Vehicle Processing Unit of the LMCCP, whereas Chow was a SCO of the team.
The charge alleges that between July 27 and 28, 2013, the defendants, together with a Customs Officer, in the course of or in relation to their public offices, wilfully and intentionally misconducted themselves without reasonable excuse or justification by:
• initiating and suggesting to a cross-border driver that they would treat the driver to have imported into Hong Kong only 1,243 sticks of dutiable cigarettes;
• destroying about 757 sticks of dutiable cigarettes seized from the driver;
• dishonestly recording in the official record for the senior management of the C&E that the driver had imported to Hong Kong only 1,243 sticks of dutiable cigarettes; and
• compounding the two offences committed by the driver, namely possession of dutiable goods and failing to declare dutiable goods under the Dutiable Commodities Ordinance, in respect of only 1,243 sticks of dutiable cigarettes seized from the driver by accepting from him as penalties a total sum of $12,602.70 pursuant to the Ordinance.
The defendants further face a joint alternative charge of doing acts tending and intended to pervert the course of public justice, contrary to Common Law.
The alternative charge alleges that between July 27 and 28, 2013, the defendants did the series of acts aforementioned which had a tendency to pervert the course of public justice.
The C&E had rendered full assistance to the ICAC during its investigation.
The defendants have been released on ICAC bail, pending their court appearance on Friday.