CSD Assistant Officer charged by ICAC among trio guilty of conspiracy to commit MIPO for conniving at prisoner’s possession and use of mobile phone
2024-12-17
The ICAC had earlier charged two Assistant Officers of the Correctional Services Department (CSD), a prisoner and two released prisoners with conspiracy to commit misconduct in public office (MIPO) for conniving at the unauthorised possession and use of a mobile phone by the prisoner and introducing unauthorised cigarettes into Tong Fuk Correctional Institution (TFCI) for him. Following the guilty pleas and jailing of two of the defendants, the remaining trio were today (December 17) found guilty after trial at the District Court.
Yeung King-lun, 46, Assistant Officer I of the CSD; and Lau Yin-chun, 32, prisoner, were found guilty of one count of conspiracy to commit MIPO, contrary to the Common Law and section 159A of the Crimes Ordinance. Lau and released prisoner Cheung Yui-ming, 40, were found guilty of another count of conspiracy to commit MIPO.
In the reasons for verdict handed down today, Judge Mrs Adriana Noelle Tse Ching noted that discipline and security were of crucial importance in prisons. The introduction of unauthorised items into prisons endangered both discipline and security. Introduction of a mobile telephone into prison was extremely serious. Not only would it endanger security and discipline, it would enable the prisoner to continue with criminal behaviour.
At the trial, the prosecution had also made it clear that if prisoners were able to contact the outside world by mobile phones, they could engage in illegal activities or make plans to escape from prison, which would undermine prison security and endanger the public.
The Judge adjourned the case to March 4 next year for mitigation and sentence. The trio were remanded in custody of the CSD.
The present case stemmed from a corruption complaint referred by the CSD. After investigation, the ICAC took a law enforcement action on October 23, 2020. Unauthorised articles, including a mobile phone, a mobile phone SIM card and cigarettes of brands which were not available for prisoners to purchase, were seized from Lau, a prisoner of the TFCI.
At the material time, Yeung was an Assistant Officer I of the CSD and the officer-in-charge of TCFI’s Construction and Maintenance Unit. Yeung was responsible for supervising the discipline and activities of prisoners, with the assistance of CSD Assistant Officers II, including Lee Ho-wai. Lau and released prisoners, Cheung and Lam Hon-ki, had been assigned to work in the unit at different times.
In July 2020, Lau asked Yeung to bring a SIM card into the TFCI for him. Yeung kept conniving at Lau’s unauthorised possession and use of a mobile phone at prison and Yeung had never reported the incident to his supervisor. At the night prior to the ICAC’s enforcement action, Yeung contacted a telecommunication company to assist Lau to improve signal reception of the SIM card, the court heard.
The ICAC investigation also revealed that Lee, CSD Assistant Officer II, and released prisoners, Cheung and Lam, were members of a mobile phone chat group. The trio had exchanged numerous messages mentioning Lau’s instructions given to Lam for topping up the pre-paid SIM cards of his mobile phone, and reminders to Lee for buying cigarettes of a specific brand which was not available for prisoners to purchase and introduction of those cigarettes to the TFCI for him.
The conduct of CSD officers and prisoners was governed by the Prisons Ordinance and the Prison Rules, which prohibited CSD officers from conveying any unauthorised article to prisoners.
Lee and Lam earlier pleaded guilty at the District Court to one count of conspiracy to commit MIPO, and were sentenced to imprisonment of seven months and six months respectively.
The CSD rendered full assistance to the ICAC during its investigation into the case.
The prosecution was today represented by Senior Public Prosecutors Rosa Lo and Timothy Chen, assisted by ICAC officer Matt Cheung.
Yeung King-lun, 46, Assistant Officer I of the CSD; and Lau Yin-chun, 32, prisoner, were found guilty of one count of conspiracy to commit MIPO, contrary to the Common Law and section 159A of the Crimes Ordinance. Lau and released prisoner Cheung Yui-ming, 40, were found guilty of another count of conspiracy to commit MIPO.
In the reasons for verdict handed down today, Judge Mrs Adriana Noelle Tse Ching noted that discipline and security were of crucial importance in prisons. The introduction of unauthorised items into prisons endangered both discipline and security. Introduction of a mobile telephone into prison was extremely serious. Not only would it endanger security and discipline, it would enable the prisoner to continue with criminal behaviour.
At the trial, the prosecution had also made it clear that if prisoners were able to contact the outside world by mobile phones, they could engage in illegal activities or make plans to escape from prison, which would undermine prison security and endanger the public.
The Judge adjourned the case to March 4 next year for mitigation and sentence. The trio were remanded in custody of the CSD.
The present case stemmed from a corruption complaint referred by the CSD. After investigation, the ICAC took a law enforcement action on October 23, 2020. Unauthorised articles, including a mobile phone, a mobile phone SIM card and cigarettes of brands which were not available for prisoners to purchase, were seized from Lau, a prisoner of the TFCI.
At the material time, Yeung was an Assistant Officer I of the CSD and the officer-in-charge of TCFI’s Construction and Maintenance Unit. Yeung was responsible for supervising the discipline and activities of prisoners, with the assistance of CSD Assistant Officers II, including Lee Ho-wai. Lau and released prisoners, Cheung and Lam Hon-ki, had been assigned to work in the unit at different times.
In July 2020, Lau asked Yeung to bring a SIM card into the TFCI for him. Yeung kept conniving at Lau’s unauthorised possession and use of a mobile phone at prison and Yeung had never reported the incident to his supervisor. At the night prior to the ICAC’s enforcement action, Yeung contacted a telecommunication company to assist Lau to improve signal reception of the SIM card, the court heard.
The ICAC investigation also revealed that Lee, CSD Assistant Officer II, and released prisoners, Cheung and Lam, were members of a mobile phone chat group. The trio had exchanged numerous messages mentioning Lau’s instructions given to Lam for topping up the pre-paid SIM cards of his mobile phone, and reminders to Lee for buying cigarettes of a specific brand which was not available for prisoners to purchase and introduction of those cigarettes to the TFCI for him.
The conduct of CSD officers and prisoners was governed by the Prisons Ordinance and the Prison Rules, which prohibited CSD officers from conveying any unauthorised article to prisoners.
Lee and Lam earlier pleaded guilty at the District Court to one count of conspiracy to commit MIPO, and were sentenced to imprisonment of seven months and six months respectively.
The CSD rendered full assistance to the ICAC during its investigation into the case.
The prosecution was today represented by Senior Public Prosecutors Rosa Lo and Timothy Chen, assisted by ICAC officer Matt Cheung.