Six months’ jail for bribing driving examiner
2017-8-8
A man, charged by the ICAC, was today (August 8) sentenced to six months’ imprisonment at the Kwun Tong Magistracy for offering a bribe of a red packet containing $5,000 to a driving examiner of the Transport Department (TD) so as to secure a pass in a driving test.
Cheung Yan, 41, unemployed, earlier pleaded guilty to one count of offering an advantage to a public servant, contrary to Section 4(1)(a) of the Prevention of Bribery Ordinance.
In sentencing, Deputy Magistrate Mr Gary Chu Man-hon said bribing a public servant was a very serious offence. He also reprimanded the defendant for causing unfairness to other candidates taking driving tests and potential safety risks to road users should the corrupt deal have succeeded.
The deputy magistrate also said he reduced the starting point of nine months in jail by one-third to six months after taking into account the defendant’s guilty plea.
The deputy magistrate ordered that the bribe of $5,000 offered by the defendant to the driving examiner be confiscated.
The court heard that the defendant attended Yau Tong Driving Test Centre of the TD for his second attempt at a private car driving test on April 5 this year. A Driving Examiner II of the TD was randomly allotted to be the driving examiner.
The defendant boarded a car after registration. When the driving examiner entered the car, the defendant offered a red packet to him and said: “Sir, this is a greeting gift for you.”
The defendant repeated his offer despite the driving examiner’s refusal to accept the red packet.
While the driving examiner was checking the defendant’s Hong Kong Identity Card and Learner’s Driving Licence, the defendant placed the red packet on the driving examiner’s clipboard and reiterated the offer.
The driving examiner opened the red packet and found a few $1,000 banknotes in it, the court heard.
The examiner immediately reported the matter to the officer-in-charge of the centre, and a report was subsequently made to the ICAC.
The defendant was arrested by the ICAC on the same day and the red packet was seized from him. The red packet, marked with “Yan OK $5,000”, was found to contain five $1,000 banknotes, the court was told.
The case arose from a corruption complaint referred by the TD, which had rendered full assistance to the ICAC during its investigation.
The prosecution was today represented by ICAC officer David Ng.
Cheung Yan, 41, unemployed, earlier pleaded guilty to one count of offering an advantage to a public servant, contrary to Section 4(1)(a) of the Prevention of Bribery Ordinance.
In sentencing, Deputy Magistrate Mr Gary Chu Man-hon said bribing a public servant was a very serious offence. He also reprimanded the defendant for causing unfairness to other candidates taking driving tests and potential safety risks to road users should the corrupt deal have succeeded.
The deputy magistrate also said he reduced the starting point of nine months in jail by one-third to six months after taking into account the defendant’s guilty plea.
The deputy magistrate ordered that the bribe of $5,000 offered by the defendant to the driving examiner be confiscated.
The court heard that the defendant attended Yau Tong Driving Test Centre of the TD for his second attempt at a private car driving test on April 5 this year. A Driving Examiner II of the TD was randomly allotted to be the driving examiner.
The defendant boarded a car after registration. When the driving examiner entered the car, the defendant offered a red packet to him and said: “Sir, this is a greeting gift for you.”
The defendant repeated his offer despite the driving examiner’s refusal to accept the red packet.
While the driving examiner was checking the defendant’s Hong Kong Identity Card and Learner’s Driving Licence, the defendant placed the red packet on the driving examiner’s clipboard and reiterated the offer.
The driving examiner opened the red packet and found a few $1,000 banknotes in it, the court heard.
The examiner immediately reported the matter to the officer-in-charge of the centre, and a report was subsequently made to the ICAC.
The defendant was arrested by the ICAC on the same day and the red packet was seized from him. The red packet, marked with “Yan OK $5,000”, was found to contain five $1,000 banknotes, the court was told.
The case arose from a corruption complaint referred by the TD, which had rendered full assistance to the ICAC during its investigation.
The prosecution was today represented by ICAC officer David Ng.