Housewife gets three months for fraud over prison visits
2016-11-17
A housewife, charged by the ICAC, was sentenced to three months’ imprisonment at the Tsuen Wan Magistracy today (November 17) for conspiring with a prisoner to defraud the Correctional Services Department (CSD) in relation to prison visits.
Wong Sau-yu, 30, today pleaded guilty to one count of conspiracy to defraud, contrary to Common Law.
In sentencing, Acting Principal Magistrate Mr Cheang Kei-hong said it was a serious offence to defraud a law enforcement agency.
The magistrate added that he reduced the jail term to three months after taking into account the defendant’s guilty plea.
The case arose from a corruption complaint. Subsequent ICAC enquiries revealed the above offence.
The court heard that at the material time, the defendant’s husband was a then prisoner of Tong Fuk Correctional Institution (TFCI).
As stipulated in the Prison Rules, no person other than the relatives and friends of a prisoner shall be allowed to visit the prisoner concerned except by special authority.
Subject to the approval by the CSD, a prisoner may request to amend his visitor list by adding or deleting individual visitors. Apart from the name of the visitor, the prisoner is also required to declare his relationship with the visitor.
Upon the application of another prisoner of TFCI, Kong Sui-keung, the CSD approved the name of the defendant, who claimed to be Kong’s wife, be added on the visitor list of Kong on March 18, 2014.
The CSD also approved Kong’s applications for signing (i) a declaration to the effect that he had lost the receipt for the $10,000 bail money that he had deposited with the Kowloon City Magistracy, and (ii) a Power of Attorney (PA) authorising another person to claim the refund of the bail money on his behalf.
On March 21, 2014, the defendant visited Kong in TFCI by falsely representing as Kong’s wife, and made a request to the CSD for obtaining the declaration and the PA. The request was not processed by the CSD as she failed to produce the required documentary proof of the claimed husband-and-wife relationship.
Four days later, Kong submitted another request to the CSD for including the defendant in his visitor list by falsely claiming that she was his friend, which was approved by the CSD.
The defendant visited Kong in TFCI on April 11, 2014 in the capacity of his friend, the court heard.
Believing that the claimed relationship was true, the CSD prepared the PA authorising the defendant to claim the refund of $10,000 bail money on Kong’s behalf. Both the defendant and Kong appended their signatures on the PA and the defendant successfully retrieved the bail money from the Kowloon City Magistracy subsequently.
The defendant was arrested by the ICAC on September 10, 2014. When interviewed under caution by ICAC officers, she admitted that she had falsely claimed as Kong’s wife with a view to retrieving Kong’s bail money from court.
Upon query by CSD officers, the defendant change to claim as Kong’s friend. In fact, she was neither the wife nor a friend of Kong.
The CSD rendered full assistance to the ICAC during its investigation.
The prosecution was today represented by Acting Senior Assistant Director of Public Prosecution Beney Wong, assisted by ICAC officer Matt Cheung.
Wong Sau-yu, 30, today pleaded guilty to one count of conspiracy to defraud, contrary to Common Law.
In sentencing, Acting Principal Magistrate Mr Cheang Kei-hong said it was a serious offence to defraud a law enforcement agency.
The magistrate added that he reduced the jail term to three months after taking into account the defendant’s guilty plea.
The case arose from a corruption complaint. Subsequent ICAC enquiries revealed the above offence.
The court heard that at the material time, the defendant’s husband was a then prisoner of Tong Fuk Correctional Institution (TFCI).
As stipulated in the Prison Rules, no person other than the relatives and friends of a prisoner shall be allowed to visit the prisoner concerned except by special authority.
Subject to the approval by the CSD, a prisoner may request to amend his visitor list by adding or deleting individual visitors. Apart from the name of the visitor, the prisoner is also required to declare his relationship with the visitor.
Upon the application of another prisoner of TFCI, Kong Sui-keung, the CSD approved the name of the defendant, who claimed to be Kong’s wife, be added on the visitor list of Kong on March 18, 2014.
The CSD also approved Kong’s applications for signing (i) a declaration to the effect that he had lost the receipt for the $10,000 bail money that he had deposited with the Kowloon City Magistracy, and (ii) a Power of Attorney (PA) authorising another person to claim the refund of the bail money on his behalf.
On March 21, 2014, the defendant visited Kong in TFCI by falsely representing as Kong’s wife, and made a request to the CSD for obtaining the declaration and the PA. The request was not processed by the CSD as she failed to produce the required documentary proof of the claimed husband-and-wife relationship.
Four days later, Kong submitted another request to the CSD for including the defendant in his visitor list by falsely claiming that she was his friend, which was approved by the CSD.
The defendant visited Kong in TFCI on April 11, 2014 in the capacity of his friend, the court heard.
Believing that the claimed relationship was true, the CSD prepared the PA authorising the defendant to claim the refund of $10,000 bail money on Kong’s behalf. Both the defendant and Kong appended their signatures on the PA and the defendant successfully retrieved the bail money from the Kowloon City Magistracy subsequently.
The defendant was arrested by the ICAC on September 10, 2014. When interviewed under caution by ICAC officers, she admitted that she had falsely claimed as Kong’s wife with a view to retrieving Kong’s bail money from court.
Upon query by CSD officers, the defendant change to claim as Kong’s friend. In fact, she was neither the wife nor a friend of Kong.
The CSD rendered full assistance to the ICAC during its investigation.
The prosecution was today represented by Acting Senior Assistant Director of Public Prosecution Beney Wong, assisted by ICAC officer Matt Cheung.