Four months’ jail for disclosing identity of person under ICAC probe
2018-7-10
A man, who was charged by the ICAC, was today (July 10) sentenced to four months’ imprisonment in the Eastern Magistracy after admitting breaching the Prevention of Bribery Ordinance (POBO) by disclosing the identity of a person under investigation.
Yip Kwan-wah, 31, pleaded guilty to one count of disclosing the identity of a person being investigated, contrary to Section 30(1)(a) of the POBO.
In sentencing, Principal Magistrate Mr Peter Law Tak-chuen said he had to mete out a custodial sentence to the defendant in view of the seriousness of the offence.
The case arose from a corruption investigation. Subsequent ICAC enquiries revealed the above offence.
The court heard that since January 2016, the defendant had been remanded in the custody of the Correctional Services Department (CSD) for his alleged involvement in a dangerous drug trafficking case.
On February 12, 2017, the defendant wrote a letter to the ICAC while in prison, asking for an interview. Four days later, ICAC officers interviewed him in Stanley Prison.
During the interview, the defendant complained to the ICAC officers that a woman, who was a prosecution witness in the dangerous drug trafficking case, might have offered advantages to two police officers with a view to framing up him and another defendant in the case.
The court heard that ICAC officers commenced an investigation into the woman in respect of the corruption complaint on February 28, 2017, and later took a witness statement from the defendant.
ICAC officers had repeatedly reminded the defendant of the statutory restriction under Section 30 of the POBO after the first interview and statement taking exercise. The defendant confirmed his understanding.
The court heard that on March 7, 2017, the woman visited the defendant in Stanley Prison when the investigation was ongoing.
During the visit, the defendant, without lawful authority or reasonable excuse, disclosed to the woman that she was the subject of the investigation and it was likely that she would be arrested. He even told her that it was up to her to consider fleeing so as to evade the investigation.
On January 5, 2018, the defendant was interviewed under caution for an offence of disclosing the identity of a suspect being investigated, contrary to Section 30 of the POBO.
The defendant admitted that he had disclosed to the woman that he had lodged a complaint with the ICAC against her and she was the subject of the investigation, the court was told.
CSD had rendered full assistance to the ICAC during its investigation into the case.
The prosecution was today represented by Senior Public Prosecutor Andrew Cheng, assisted by ICAC officer Chik Che-hang.
Yip Kwan-wah, 31, pleaded guilty to one count of disclosing the identity of a person being investigated, contrary to Section 30(1)(a) of the POBO.
In sentencing, Principal Magistrate Mr Peter Law Tak-chuen said he had to mete out a custodial sentence to the defendant in view of the seriousness of the offence.
The case arose from a corruption investigation. Subsequent ICAC enquiries revealed the above offence.
The court heard that since January 2016, the defendant had been remanded in the custody of the Correctional Services Department (CSD) for his alleged involvement in a dangerous drug trafficking case.
On February 12, 2017, the defendant wrote a letter to the ICAC while in prison, asking for an interview. Four days later, ICAC officers interviewed him in Stanley Prison.
During the interview, the defendant complained to the ICAC officers that a woman, who was a prosecution witness in the dangerous drug trafficking case, might have offered advantages to two police officers with a view to framing up him and another defendant in the case.
The court heard that ICAC officers commenced an investigation into the woman in respect of the corruption complaint on February 28, 2017, and later took a witness statement from the defendant.
ICAC officers had repeatedly reminded the defendant of the statutory restriction under Section 30 of the POBO after the first interview and statement taking exercise. The defendant confirmed his understanding.
The court heard that on March 7, 2017, the woman visited the defendant in Stanley Prison when the investigation was ongoing.
During the visit, the defendant, without lawful authority or reasonable excuse, disclosed to the woman that she was the subject of the investigation and it was likely that she would be arrested. He even told her that it was up to her to consider fleeing so as to evade the investigation.
On January 5, 2018, the defendant was interviewed under caution for an offence of disclosing the identity of a suspect being investigated, contrary to Section 30 of the POBO.
The defendant admitted that he had disclosed to the woman that he had lodged a complaint with the ICAC against her and she was the subject of the investigation, the court was told.
CSD had rendered full assistance to the ICAC during its investigation into the case.
The prosecution was today represented by Senior Public Prosecutor Andrew Cheng, assisted by ICAC officer Chik Che-hang.