Trio sentenced for MIPO over disclosing confidential information of HKDSE
2020-5-25
A former tutor of a tutorial school and two then Oral Examiners of the Hong Kong Examinations and Assessment Authority (HKEAA), charged by the ICAC, were today (May 25) sentenced to jail terms up to 14 months at the Tuen Mun Magistrates’ Courts for misconduct in public office (MIPO) by disclosing confidential information of two Chinese Language Examinations of the Hong Kong Diploma of Secondary Education (HKDSE).
Weslie Siao Chi-yung, 44, former tutor of Modern Education (Hong Kong) Limited (Modern Education), received a jail term of 14 months; and Cheung Kwok-kuen, 45, former Oral Examiner of the HKEAA, was jailed for eight months. Ng Wang-leung, 45, former Oral Examiner of the HKEAA, was sentenced to five months’ imprisonment, suspended for two years.
In sentencing, Magistrate Kelly Shui reprimanded the defendants for undermining fairness of the public examination system. She added that disclosure of confidential information on public examinations should be prohibited and that a deterrent signal had to be conveyed to Hong Kong society.
Siao and Cheung were earlier found guilty of a joint charge of conspiracy to commit MIPO, contrary to Common Law and Section 159A of the Crimes Ordinance, while Siao and Ng were earlier convicted of a joint charge of similar offence.
The case arose from a corruption complaint referred by the HKEAA. Subsequent ICAC enquiries revealed the above offences.
The court heard that at the material time, Siao was a Chinese Language tutor of Modern Education. Cheung and Ng were respectively appointed by the HKEAA as Oral Examiners of the Oral Examinations of the 2016 and 2017 Chinese Language Examinations of the HKDSE.
All Oral Examiners were required to preserve secrecy of all matters which came to their knowledge and possession in performing their duties and to keep all related information, materials and documents in strict confidence.
The court heard that on eight occasions between March 11 and 21, 2016 while Cheung was performing his duties as an Oral Examiner, he sent the examination questions to Siao via his smartphone before or during examination sessions. The examination questions were then published by Siao on his own social media page before the sessions finished.
The court also heard that on March 4, 2017, Ng attended a briefing session organised by the HKEAA on assessment of the performance of candidates. Upon Siao’s request, Ng sent details of the briefing session via his smartphone to Siao on the same day. Five days later, a video containing “tactics” for handling the Chinese Language Oral Examination of the 2017 HKDSE, including details of the abovementioned briefing session, was published on Siao’s social media page.
The HKEAA had rendered full assistance to the ICAC during its investigation into the case.
The prosecution was today represented by prosecuting counsel Bernard Chung, assisted by ICAC officer Alex Ho.
Weslie Siao Chi-yung, 44, former tutor of Modern Education (Hong Kong) Limited (Modern Education), received a jail term of 14 months; and Cheung Kwok-kuen, 45, former Oral Examiner of the HKEAA, was jailed for eight months. Ng Wang-leung, 45, former Oral Examiner of the HKEAA, was sentenced to five months’ imprisonment, suspended for two years.
In sentencing, Magistrate Kelly Shui reprimanded the defendants for undermining fairness of the public examination system. She added that disclosure of confidential information on public examinations should be prohibited and that a deterrent signal had to be conveyed to Hong Kong society.
Siao and Cheung were earlier found guilty of a joint charge of conspiracy to commit MIPO, contrary to Common Law and Section 159A of the Crimes Ordinance, while Siao and Ng were earlier convicted of a joint charge of similar offence.
The case arose from a corruption complaint referred by the HKEAA. Subsequent ICAC enquiries revealed the above offences.
The court heard that at the material time, Siao was a Chinese Language tutor of Modern Education. Cheung and Ng were respectively appointed by the HKEAA as Oral Examiners of the Oral Examinations of the 2016 and 2017 Chinese Language Examinations of the HKDSE.
All Oral Examiners were required to preserve secrecy of all matters which came to their knowledge and possession in performing their duties and to keep all related information, materials and documents in strict confidence.
The court heard that on eight occasions between March 11 and 21, 2016 while Cheung was performing his duties as an Oral Examiner, he sent the examination questions to Siao via his smartphone before or during examination sessions. The examination questions were then published by Siao on his own social media page before the sessions finished.
The court also heard that on March 4, 2017, Ng attended a briefing session organised by the HKEAA on assessment of the performance of candidates. Upon Siao’s request, Ng sent details of the briefing session via his smartphone to Siao on the same day. Five days later, a video containing “tactics” for handling the Chinese Language Oral Examination of the 2017 HKDSE, including details of the abovementioned briefing session, was published on Siao’s social media page.
The HKEAA had rendered full assistance to the ICAC during its investigation into the case.
The prosecution was today represented by prosecuting counsel Bernard Chung, assisted by ICAC officer Alex Ho.