Man gets six months’ jail for substituting for candidates in driving tests

2020-1-3

A man, who had absconded for 25 years after being charged by the ICAC, was today (January 3) sentenced to six months’ imprisonment at the Kowloon City Magistracy for attending driving tests as “substitute candidate” in 1993 to assist three candidates to obtain driving licences from the Transport Department (TD).

Cheung Chi-ming, 57, unemployed, earlier pleaded guilty to one count of conspiracy to defraud, contrary to Common Law.

In sentencing, Acting Principal Magistrate Ms Ada Yim Shun-yee said she took a starting point of seven and a half months’ imprisonment having considered the number of driving tests involved. The defendant’s jail term was reduced to six months in view of his guilty plea.

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

The court heard that at the material time, the defendant was a holder of full driving licences for private car, light goods vehicle, public light goods vehicle and taxi.

In late 1993, a scheme was operated by a businessman with the assistance of the defendant to provide “substitute services” to candidates of TD driving tests.

On three occasions between November 29 and December 22, 1993, the defendant attended driving tests for private car, medium goods vehicle and light goods vehicle for three candidates respectively.

After the defendant passed the tests, the TD issued full driving licences for private car, medium goods vehicle, and light goods vehicle to the three candidates.

In early February 1994, the defendant was arrested by ICAC officers and charged with one count of conspiracy to defraud. After the defendant failed to appear at the South Kowloon Magistracy for mention on February 25, 1994, a warrant for his arrest was issued.

On October 9, 2019, the defendant was arrested by Police at an office of the Immigration Department when he attempted to renew his Hong Kong Identity Card.

The businessman, who was charged for his role in the scam, was sentenced to two and a half years' imprisonment in July 1995 after pleading guilty to one count of conspiracy to defraud. The candidates concerned were fined by the court and their fraudulently obtained driving licences had been confiscated.

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

The prosecution was today represented by ICAC officer Francis Lai.
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