Eight months’ jail for bribing immigration officer
2018-7-27
A man, charged by the ICAC, was today (July 27) sentenced to eight months’ imprisonment at the Eastern Magistracy after admitting that he had offered a bribe of 400 Renminbi to an officer of the Immigration Department (ImmD) for allowing him to enter Hong Kong.
Wu Changwen, 44, a Mainland resident, pleaded guilty to a charge of offering an advantage to a public servant, contrary to Section 4(1)(a) of the Prevention of Bribery Ordinance. The prosecution offered no evidence to a similar charge against him.
In sentencing, Principal Magistrate Mr Peter Law Tak-chuen reprimanded the defendant for undermining the rule of law of Hong Kong by intentionally bribing a public servant, and said he had to mete out an immediate custodial sentence to him in view of the seriousness of the offence.
The magistrate added that he reduced the starting point of 12 months in jail to eight months after taking into account the defendant’s guilty plea.
The court heard that at the material time, the defendant was a successful applicant of the Admission Scheme for Mainland Talents and Professionals.
On June 6, 2018, he was issued with an employment entry permit by the ImmD, which allowed him to enter Hong Kong to stay for five days for work for each entry.
The court heard that on July 11, 2018, the defendant attempted to enter Hong Kong via Lo Wu Control Point on the strength of his employment entry permit and exit-entry permit (commonly known as two-way permit) for travelling to and from Hong Kong and Macao issued by the Public Security Bureau Office on the Mainland.
When questioned by a Senior Immigration Assistant (SIA) of the ImmD, the defendant said he intended to enter Hong Kong for work. In examining his permits, the SIA discovered that the endorsement on the defendant’s two-way permit was for “Group Tour”, which did not correspond to the purpose of visit stated on his employment entry permit.
The court heard that an Immigration Officer (IO) asked the defendant about his purpose of visit. In reply, the defendant said he intended to enter Hong Kong for work. The IO told him that he needed to obtain the appropriate endorsement on the two-way permit from the Mainland authorities.
The defendant agreed to return to the Mainland, and another SIA was tasked to send him back to the Mainland. While waiting at the Lo Wu Bridge, the defendant put something into a pocket of the SIA’s trousers, and said: “Please do me a favour.”
A nearby police officer was called to the scene. In the presence of the police officer, the SIA took out four 100 Renminbi banknotes from his pocket.
Upon receipt of a corruption complaint referred by the ImmD, ICAC officers were deployed to the scene and arrested the defendant later on the same day, the court was told.
The ImmD had rendered full assistance to the ICAC during its investigation.
The prosecution was today represented by ICAC officer Brenda Law.
Wu Changwen, 44, a Mainland resident, pleaded guilty to a charge of offering an advantage to a public servant, contrary to Section 4(1)(a) of the Prevention of Bribery Ordinance. The prosecution offered no evidence to a similar charge against him.
In sentencing, Principal Magistrate Mr Peter Law Tak-chuen reprimanded the defendant for undermining the rule of law of Hong Kong by intentionally bribing a public servant, and said he had to mete out an immediate custodial sentence to him in view of the seriousness of the offence.
The magistrate added that he reduced the starting point of 12 months in jail to eight months after taking into account the defendant’s guilty plea.
The court heard that at the material time, the defendant was a successful applicant of the Admission Scheme for Mainland Talents and Professionals.
On June 6, 2018, he was issued with an employment entry permit by the ImmD, which allowed him to enter Hong Kong to stay for five days for work for each entry.
The court heard that on July 11, 2018, the defendant attempted to enter Hong Kong via Lo Wu Control Point on the strength of his employment entry permit and exit-entry permit (commonly known as two-way permit) for travelling to and from Hong Kong and Macao issued by the Public Security Bureau Office on the Mainland.
When questioned by a Senior Immigration Assistant (SIA) of the ImmD, the defendant said he intended to enter Hong Kong for work. In examining his permits, the SIA discovered that the endorsement on the defendant’s two-way permit was for “Group Tour”, which did not correspond to the purpose of visit stated on his employment entry permit.
The court heard that an Immigration Officer (IO) asked the defendant about his purpose of visit. In reply, the defendant said he intended to enter Hong Kong for work. The IO told him that he needed to obtain the appropriate endorsement on the two-way permit from the Mainland authorities.
The defendant agreed to return to the Mainland, and another SIA was tasked to send him back to the Mainland. While waiting at the Lo Wu Bridge, the defendant put something into a pocket of the SIA’s trousers, and said: “Please do me a favour.”
A nearby police officer was called to the scene. In the presence of the police officer, the SIA took out four 100 Renminbi banknotes from his pocket.
Upon receipt of a corruption complaint referred by the ImmD, ICAC officers were deployed to the scene and arrested the defendant later on the same day, the court was told.
The ImmD had rendered full assistance to the ICAC during its investigation.
The prosecution was today represented by ICAC officer Brenda Law.