Policeman to be sentenced for bribery and misconduct
2015-1-27
A Police Constable (PC), charged by the ICAC, will be sentenced at the District Court tomorrow (Wednesday) for soliciting and accepting advantages, and misconduct in public office by conducting unauthorised checks on personal particulars and/or criminal records from government computer databases for a businessman.
Cheng Chi-yuen, 36, yesterday (Monday) pleaded guilty to three charges - one of public servant soliciting an advantage and one of public servant accepting an advantage, contrary to Section 4(2)(a) of the Prevention of Bribery Ordinance; and one of misconduct in public office, contrary to Common Law.
Sixteen other charges of obtaining access to a computer with a view to dishonest gain for the defendant or another, contrary to Section 161(1)(c) of the Crimes Ordinance, were ordered to be left on court file.
After hearing the summary of facts today, Judge Sham Siu-man convicted the defendant of the charges and adjourned the case until tomorrow (Wednesday) for mitigation and sentence. The defendant was granted cash bail of $10,000, and ordered not to leave Hong Kong.
The court heard that at the material time, the defendant was a PC of the Hong Kong Police Force (HKPF).
The defendant came to know a businessman in an investigation of the HKPF in 2009 when he was attached to a District Investigation Team of Yuen Long District. Since April 2012, he had been posted to a District Investigation Team of Tai Po District.
Between November 2012 and January 2013, the businessman requested the defendant to conduct searches on personal particulars of five persons from the computer database of the HKPF to facilitate his debt collection business.
The defendant wilfully and intentionally misconducted himself by obtaining or instructing another PC to obtain personal particulars and/or criminal records of those persons by conducting searches from the computer databases of the HKPF and the Transport Department (TD).
The defendant then divulged those information to the businessman through telephone contacts or mobile phone messages.
The court heard that between December 2012 and January 2013, the defendant solicited a loan of $20,000, but the businessman did not lend any money to him.
In December 2012, the defendant asked the businessman to repair his vehicle as he knew the businessman was also a director cum shareholder of a garage. Upon completion of the repair, the businessman gave the defendant an invoice in the amount of $11,000, but told the defendant to pay $1,000 only.
The defendant solicited and accepted the above advantages on account of his obtaining and divulging the information to the businessman, the court was told.
The case arose from a corruption complaint referred by the HKPF.
The HKPF and the TD had rendered full assistance to the ICAC during its investigation.
The prosecution was today represented by prosecuting counsel Alex Ng, assisted by ICAC officer Murphy Chan.
Cheng Chi-yuen, 36, yesterday (Monday) pleaded guilty to three charges - one of public servant soliciting an advantage and one of public servant accepting an advantage, contrary to Section 4(2)(a) of the Prevention of Bribery Ordinance; and one of misconduct in public office, contrary to Common Law.
Sixteen other charges of obtaining access to a computer with a view to dishonest gain for the defendant or another, contrary to Section 161(1)(c) of the Crimes Ordinance, were ordered to be left on court file.
After hearing the summary of facts today, Judge Sham Siu-man convicted the defendant of the charges and adjourned the case until tomorrow (Wednesday) for mitigation and sentence. The defendant was granted cash bail of $10,000, and ordered not to leave Hong Kong.
The court heard that at the material time, the defendant was a PC of the Hong Kong Police Force (HKPF).
The defendant came to know a businessman in an investigation of the HKPF in 2009 when he was attached to a District Investigation Team of Yuen Long District. Since April 2012, he had been posted to a District Investigation Team of Tai Po District.
Between November 2012 and January 2013, the businessman requested the defendant to conduct searches on personal particulars of five persons from the computer database of the HKPF to facilitate his debt collection business.
The defendant wilfully and intentionally misconducted himself by obtaining or instructing another PC to obtain personal particulars and/or criminal records of those persons by conducting searches from the computer databases of the HKPF and the Transport Department (TD).
The defendant then divulged those information to the businessman through telephone contacts or mobile phone messages.
The court heard that between December 2012 and January 2013, the defendant solicited a loan of $20,000, but the businessman did not lend any money to him.
In December 2012, the defendant asked the businessman to repair his vehicle as he knew the businessman was also a director cum shareholder of a garage. Upon completion of the repair, the businessman gave the defendant an invoice in the amount of $11,000, but told the defendant to pay $1,000 only.
The defendant solicited and accepted the above advantages on account of his obtaining and divulging the information to the businessman, the court was told.
The case arose from a corruption complaint referred by the HKPF.
The HKPF and the TD had rendered full assistance to the ICAC during its investigation.
The prosecution was today represented by prosecuting counsel Alex Ng, assisted by ICAC officer Murphy Chan.