Policeman charged with perversion over traffic offence
2016-4-22
A Police Constable (PC) has been charged by the ICAC with perverting the course of public justice by booking a motorcyclist with a lesser traffic offence.
Chong Yuk-lun, 35, who was charged yesterday (April 21), faces one charge of perverting the course of public justice, contrary to Common Law. He also faces an alternative charge of misconduct in public office, contrary to Common Law.
The defendant will appear in the Eastern Magistracy next Monday (April 25) for plea.
The case arose from a corruption complaint. Subsequent ICAC enquiries revealed the above alleged offences.
At the material time, the defendant was a PC attached to the Enforcement and Control Division of the Traffic Hong Kong Island.
The charge alleges that on June 3, 2015, the defendant did an act which had a tendency to pervert the course of public justice at the entrance of Aberdeen Tunnel by choosing not to pursue enforcement action against the driver of a motorcycle for having crossed a continuous double white line at the junction of Gloucester Road near Percival Street in breach of the Road Traffic (Traffic Control) Regulations (the Regulations), but issued a fixed penalty ticket to the driver for a lesser traffic offence of “failing to comply with road markings”.
Under the Regulations, an offender will be issued with a fixed penalty ticket of $450, plus a deduction of three driving-offence points, if he commits an offence of crossing a continuous double white line. As for an offender who commits an offence of “failing to comply with road markings”, only a fixed penalty ticket of $450 will be issued.
The alternative charge alleges that between June 3 and 8, 2015, the defendant, in the course of or in relation to his public office, without reasonable excuse or justification, wilfully misconducted himself by taking the afore-mentioned actions, and entering into a transaction of purchase of the motorcycle from the driver.
It was alleged that the defendant had never declared a conflict of interest in relation to his official duty and the purchase of the motorcycle from the driver as required by the Force Procedures Manual.
The Police have rendered full assistance to the ICAC during its investigation.
The defendant has been released on ICAC bail, pending his court appearance next Monday.
Chong Yuk-lun, 35, who was charged yesterday (April 21), faces one charge of perverting the course of public justice, contrary to Common Law. He also faces an alternative charge of misconduct in public office, contrary to Common Law.
The defendant will appear in the Eastern Magistracy next Monday (April 25) for plea.
The case arose from a corruption complaint. Subsequent ICAC enquiries revealed the above alleged offences.
At the material time, the defendant was a PC attached to the Enforcement and Control Division of the Traffic Hong Kong Island.
The charge alleges that on June 3, 2015, the defendant did an act which had a tendency to pervert the course of public justice at the entrance of Aberdeen Tunnel by choosing not to pursue enforcement action against the driver of a motorcycle for having crossed a continuous double white line at the junction of Gloucester Road near Percival Street in breach of the Road Traffic (Traffic Control) Regulations (the Regulations), but issued a fixed penalty ticket to the driver for a lesser traffic offence of “failing to comply with road markings”.
Under the Regulations, an offender will be issued with a fixed penalty ticket of $450, plus a deduction of three driving-offence points, if he commits an offence of crossing a continuous double white line. As for an offender who commits an offence of “failing to comply with road markings”, only a fixed penalty ticket of $450 will be issued.
The alternative charge alleges that between June 3 and 8, 2015, the defendant, in the course of or in relation to his public office, without reasonable excuse or justification, wilfully misconducted himself by taking the afore-mentioned actions, and entering into a transaction of purchase of the motorcycle from the driver.
It was alleged that the defendant had never declared a conflict of interest in relation to his official duty and the purchase of the motorcycle from the driver as required by the Force Procedures Manual.
The Police have rendered full assistance to the ICAC during its investigation.
The defendant has been released on ICAC bail, pending his court appearance next Monday.