Four months’ jail for disclosing identity of person under ICAC probe
2018-5-28
A man, charged by the ICAC, was today (May 28) sentenced to four months’ imprisonment at the Eastern Magistracy for breaching the Prevention of Bribery Ordinance (POBO) by disclosing the identity of a person under ICAC investigation and details of such investigation.
Avery Ng Man-yuen, 41, chairman of the League of Social Democrats (LSD), was earlier found guilty of three charges of disclosing identity, etc. of persons being investigated, contrary to Section 30(1)(b) of the POBO.
In passing the sentence, Magistrate Mr Cheng Lim-chi said Ng knowingly committed the offences, despite the fact that he had been repeatedly reminded of the prohibition under Section 30 of the POBO.
The magistrate also reprimanded Ng for having shown no remorse, and remarked that he had to mete out an immediate custodial sentence to Ng.
Upon an application from Ng, the magistrate granted him bail, pending his appeal.
The court heard that on April 2, 2016, Ng, as chairman of the LSD, went to the ICAC headquarters in North Point to lodge a corruption complaint against a government official and two other persons.
On April 5, 2016, Ng was invited by an ICAC officer to attend an interview the following day. He was reminded of the prohibition under Section 30 of the POBO.
Less than an hour later, a text saying that the ICAC would officially open a file and investigate the case was posted onto Ng’s accounts of a social media platform. Subsequently, various online news outlets reported this piece of news, and that Ng would provide a witness statement the next day.
After noticing that there was online news about the investigation, the ICAC officer contacted Ng and reminded him of the prohibition under Section 30 of the POBO.
Later on the same day, the officer contacted Ng again to reschedule the time of the interview at an ICAC office. Ng was reminded of the prohibition under Section 30 of the POBO again.
The court heard that Radio Television Hong Kong (RTHK) reported in its late evening news on April 5, 2016 that Ng was invited by the ICAC to give a witness statement on the matter the next day.
RTHK also broadcast a telephone interview with Ng, in which he explained his suspicion, and commented that the government official should explain the matter to the public.
The court also heard that Ng arrived at the ICAC office in the afternoon of April 6, 2016. Outside the office, Ng disclosed that he was going to give a statement as a complainant against the government official. The ICAC officer then took a witness statement from Ng.
In the same afternoon, a text saying that Ng was giving a statement in the ICAC and a selfie he took in the ICAC office were posted onto his accounts of the social media platform. On May 24, 2016, it was discovered that the selfie was also posted onto Ng’s accounts of two other social media platforms.
The prosecution was today represented by prosecuting counsel Susanna Ku, assisted by ICAC officer Michael Yeung.
Avery Ng Man-yuen, 41, chairman of the League of Social Democrats (LSD), was earlier found guilty of three charges of disclosing identity, etc. of persons being investigated, contrary to Section 30(1)(b) of the POBO.
In passing the sentence, Magistrate Mr Cheng Lim-chi said Ng knowingly committed the offences, despite the fact that he had been repeatedly reminded of the prohibition under Section 30 of the POBO.
The magistrate also reprimanded Ng for having shown no remorse, and remarked that he had to mete out an immediate custodial sentence to Ng.
Upon an application from Ng, the magistrate granted him bail, pending his appeal.
The court heard that on April 2, 2016, Ng, as chairman of the LSD, went to the ICAC headquarters in North Point to lodge a corruption complaint against a government official and two other persons.
On April 5, 2016, Ng was invited by an ICAC officer to attend an interview the following day. He was reminded of the prohibition under Section 30 of the POBO.
Less than an hour later, a text saying that the ICAC would officially open a file and investigate the case was posted onto Ng’s accounts of a social media platform. Subsequently, various online news outlets reported this piece of news, and that Ng would provide a witness statement the next day.
After noticing that there was online news about the investigation, the ICAC officer contacted Ng and reminded him of the prohibition under Section 30 of the POBO.
Later on the same day, the officer contacted Ng again to reschedule the time of the interview at an ICAC office. Ng was reminded of the prohibition under Section 30 of the POBO again.
The court heard that Radio Television Hong Kong (RTHK) reported in its late evening news on April 5, 2016 that Ng was invited by the ICAC to give a witness statement on the matter the next day.
RTHK also broadcast a telephone interview with Ng, in which he explained his suspicion, and commented that the government official should explain the matter to the public.
The court also heard that Ng arrived at the ICAC office in the afternoon of April 6, 2016. Outside the office, Ng disclosed that he was going to give a statement as a complainant against the government official. The ICAC officer then took a witness statement from Ng.
In the same afternoon, a text saying that Ng was giving a statement in the ICAC and a selfie he took in the ICAC office were posted onto his accounts of the social media platform. On May 24, 2016, it was discovered that the selfie was also posted onto Ng’s accounts of two other social media platforms.
The prosecution was today represented by prosecuting counsel Susanna Ku, assisted by ICAC officer Michael Yeung.