A former Police Constable (PC), who was charged by the ICAC, was today (Monday) sentenced to two years’ imprisonment at the District Court for misconduct in public office, perjury and perverting public justice to facilitate an operator of four money lenders in collecting debts from six debtors.

Lau Wai-man, 48, was earlier found guilty of five charges – three of misconduct in public office, one of doing acts tending and intended to pervert the course of public justice, both contrary to Common Law, and one of perjury, contrary to Section 31 of the Crimes Ordinance.

In sentencing, Judge Gary Lam Kar-yan said the defendant had brought the Police into disrepute. It was a pity that he had also destroyed his previous contribution to the Police, but he only had himself to blame.

The judge also said the defendant had abused his power to commit the offences, which were of a serious nature, and seriously undermined the solemnity of search warrants, so he deserved a deterrent custodial sentence.

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

The court heard that at the material time, the defendant was a detective PC attached to a District Investigation Team of the Kowloon City District.

In early 2009, the defendant came to know an operator of four licensed money lenders when he acted as a guarantor in respect of a loan facility granted to his father by one of the money lenders for building a small house.

Shortly after the release of the second loan instalment, the operator requested the defendant to use his police power to conduct enquiries on registered particulars of a fisherman couple, who had defaulted repayment after obtaining a loan from a money lender of the operator. On other occasions, the operator also requested the defendant to check information of other debtors.

Subsequently, the defendant caused requests to be sent to Hong Kong and China Gas Company Limited, CLP Holdings Limited and the Immigration Department between March 2009 and March 2010 for personal particulars of four debtors, including the fisherman couple. He also falsely represented that the requests were related to the Police’s criminal investigations involving them.

After obtaining related information from the government department and public bodies, the defendant disclosed the information to the operator for debt collection.

The court also heard that afterwards, the operator provided the defendant with an account number of another debtor with a bank.

On October 19, 2009, the defendant applied in chambers before a magistrate in the Shatin Magistrates’ Court for the issue of a search warrant by laying false information on oath that the account number of the debtor was involved in an investigation by the Police into an offence of fraud.

Having obtained the search warrant, the defendant executed it at the bank and obtained the particulars of the debtor, including his address and the identity card number, to facilitate the operator in collecting a debt from the debtor.

The court further heard that between May 10 and July 20, 2010, the defendant incited a woman not to testify against her son for forging her signature in a sale and purchase agreement in respect of a flat in Lai Chi Kok, which was jointly held by the duo.

The defendant told the woman that if she was to sell her half share of the flat at about $1 million to the money lender of the operator to which her son was indebted, her son would not be prosecuted for forging her signature, the court was told.

The Police had rendered full assistance to the ICAC during its investigations.

The prosecution was today represented by prosecuting counsel Bernard Yuen, assisted by ICAC officer Henry Lung.