Police Sergeant and woman jailed for misconduct and bribery

2016-3-24

A Police Sergeant and a woman, charged by the ICAC, were today (Thursday) sentenced to jail terms up to 30 months at the District Court for misconduct in public office, bribing the sergeant and conspiracy to operate a gambling establishment respectively.

Lai Wing-kit, 47, Police Sergeant, received a jail term of 30 months, while co-defendant Au Pui-lan, 48, unemployed, was jailed for 26 months.

In sentencing, Judge Fred Sham Siu-man said Lai, as a police officer, was obligated to maintain law and order and fight crimes, but he failed to carry out his duties. Moreover, he had seriously abused his office and power.

The judge said by doing so, Lai could not live up to public expectation from the Police. As Lai came to such a predicament, he only had himself to blame.

The judge also ordered that Lai should pay the $1,000 he received from Au as restitution to the Government.

Lai was yesterday found guilty of one count of misconduct in public office, contrary to Common Law, while Au was convicted of one count of offering an advantage to a public servant, contrary to Section 4(1)(a) of the Prevention of Bribery Ordinance.

Au earlier pleaded guilty to one count of conspiracy to operate a gambling establishment, contrary to Section 5 of the Gambling Ordinance and Section 159A of the Crimes Ordinance.

The court heard that at the material time, the defendant was a Police Sergeant attached to the Special Duty Squad of Kwai Tsing District from October 3, 2011 to August 25, 2012.

On June 5, 2012, Lai and his colleagues participated in an operation, in which Au was arrested for allegedly operating a gambling establishment in Kwai Chung. After the operation, Lai and Au had frequent telephone contacts.

Since March 2013, Au had been operating another illegal mahjong den in Kwai Chung together with two other persons.

The court heard that Lai was transferred to a Patrol Sub-Unit of Kwai Chung Division on August 26, 2012 after his posting at the Special Duty Squad.

Although Lai knew Au was operating the mahjong den illegally in his patrol area, he never reported it to his senior officers or took any enforcement action against Au.

Having learnt that an anti-gambling operation would be conducted in Kwai Chung on June 25, 2013, Lai called and tipped off Au about the operation by phone on the preceding day.

On July 25, 2013, Lai met Au at a restaurant in Tsuen Wan. During the meeting, Au passed a bunch of banknotes with a total amount of $1,000 to Lai under a table, and Lai accepted them.

Lai had never applied for any permission to accept or solicit any advantage, and reported to his supervisor or made any declaration relating to the conflict of interest between his association with Au and his official duties, the court was told.

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

The prosecution was today represented by Senior Public Prosecutor Jonathan Lin, assisted by ICAC officer Kenny Wong.
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