CSD officer and ex-inmate charged by ICAC jailed for conspiracy to commit MIPO over unauthorised mobile phone possession
2022-5-11
An Assistant Officer of the Correctional Services Department (CSD) and an ex-inmate, charged by the ICAC, were respectively sentenced to seven and six months’ imprisonment after admitting at the District Court today (May 11) that they had conspired with others to commit misconduct in public office (MIPO) by conniving at the unauthorised possession and use of a mobile phone by an inmate and introducing unauthorised cigarettes into a prison for the inmate.
Lee Ho-wai, 27, Assistant Officer II of the CSD; and Lam Hon-ki, 24, unemployed, today pleaded guilty to one count of conspiracy to commit MIPO, contrary to Common Law and Section 159A of the Crimes Ordinance.
In sentencing, Judge Mr Yau Tak-hong said custodial sentences were inevitable and should act as a deterrent as the offence committed by the defendants had dealt a blow to the procedure of the CSD, created adverse impact on the correctional work of the department and involved a public servant.
The court heard that at the material time, Lee was an Assistant Officer II of the CSD posted to Tong Fuk Correctional Institution (TFCI). When Lee was assigned to discharge duties in the Construction and Maintenance Unit (the Unit) of the TFCI, he assisted an Assistant Officer I to supervise the discipline and activities of inmates working in the Unit.
Lam was formerly incarcerated in the TFCI. He was assigned to the Unit before he was released from the institution in early September 2020.
Lee and Lam admitted that between July and October 2020, they had conspired with others for Lee to wilfully and intentionally misconduct himself in the course of or in relation to his public office, without reasonable excuse or justification, by conniving at the unauthorised possession and use of a mobile phone in the TFCI by another inmate assigned to work in the Unit, and introducing unauthorised cigarettes into the prison for that inmate.
ICAC inquiries revealed that Lee, Lam and another ex-inmate were members of a mobile phone chat group set up in early September 2020. There were numerous messages exchanged in the chat group, including requests made by the inmate to Lam for topping up the pre-paid SIM card of his mobile phone.
The mobile phone messages also revealed that on a number of occasions, Lam was instructed by the inmate to ask Lee to purchase packets of cigarettes of a specific brand and flavour and introduce them into the TFCI for the inmate.
The court heard that Lee had never reported to the CSD the possession of unauthorised mobile phone by the inmate, and that he had introduce any cigarettes into TFCI for the latter. In accordance with the Prison Rules, a CSD officer is not allowed to communicate with any ex-prisoner without proper authority from the management or maintain any undue familiarity with a prisoner.
Arising from the same investigation, the ICAC had earlier charged three other persons with conspiracy to commit MIPO and perverting the course of public justice. The three defendants are the above inmate in the TFCI, the above Assistant Officer I of the CSD, who was the officer-in-charge of the Unit of the TFCI, and another ex-inmate of the TFCI.
The case arose from a corruption complaint referred by the CSD. Subsequent ICAC enquiries revealed the above offences. The CSD had rendered full assistance to the ICAC during its investigation into the case.
The prosecution was today represented by Senior Public Prosecutor Janice Cheuk, assisted by ICAC officers Serena Lam and Moon Leung.
An ICAC spokesperson stressed that law enforcement officers are on a mission to uphold the rule of law. They should maintain a high standard of integrity and abide by the law at all times and never partake in any corrupt and illegal activities.
Lee Ho-wai, 27, Assistant Officer II of the CSD; and Lam Hon-ki, 24, unemployed, today pleaded guilty to one count of conspiracy to commit MIPO, contrary to Common Law and Section 159A of the Crimes Ordinance.
In sentencing, Judge Mr Yau Tak-hong said custodial sentences were inevitable and should act as a deterrent as the offence committed by the defendants had dealt a blow to the procedure of the CSD, created adverse impact on the correctional work of the department and involved a public servant.
The court heard that at the material time, Lee was an Assistant Officer II of the CSD posted to Tong Fuk Correctional Institution (TFCI). When Lee was assigned to discharge duties in the Construction and Maintenance Unit (the Unit) of the TFCI, he assisted an Assistant Officer I to supervise the discipline and activities of inmates working in the Unit.
Lam was formerly incarcerated in the TFCI. He was assigned to the Unit before he was released from the institution in early September 2020.
Lee and Lam admitted that between July and October 2020, they had conspired with others for Lee to wilfully and intentionally misconduct himself in the course of or in relation to his public office, without reasonable excuse or justification, by conniving at the unauthorised possession and use of a mobile phone in the TFCI by another inmate assigned to work in the Unit, and introducing unauthorised cigarettes into the prison for that inmate.
ICAC inquiries revealed that Lee, Lam and another ex-inmate were members of a mobile phone chat group set up in early September 2020. There were numerous messages exchanged in the chat group, including requests made by the inmate to Lam for topping up the pre-paid SIM card of his mobile phone.
The mobile phone messages also revealed that on a number of occasions, Lam was instructed by the inmate to ask Lee to purchase packets of cigarettes of a specific brand and flavour and introduce them into the TFCI for the inmate.
The court heard that Lee had never reported to the CSD the possession of unauthorised mobile phone by the inmate, and that he had introduce any cigarettes into TFCI for the latter. In accordance with the Prison Rules, a CSD officer is not allowed to communicate with any ex-prisoner without proper authority from the management or maintain any undue familiarity with a prisoner.
Arising from the same investigation, the ICAC had earlier charged three other persons with conspiracy to commit MIPO and perverting the course of public justice. The three defendants are the above inmate in the TFCI, the above Assistant Officer I of the CSD, who was the officer-in-charge of the Unit of the TFCI, and another ex-inmate of the TFCI.
The case arose from a corruption complaint referred by the CSD. Subsequent ICAC enquiries revealed the above offences. The CSD had rendered full assistance to the ICAC during its investigation into the case.
The prosecution was today represented by Senior Public Prosecutor Janice Cheuk, assisted by ICAC officers Serena Lam and Moon Leung.
An ICAC spokesperson stressed that law enforcement officers are on a mission to uphold the rule of law. They should maintain a high standard of integrity and abide by the law at all times and never partake in any corrupt and illegal activities.