Two months’ jail for bribing driving examiner

2015-2-13

A young man, charged by the ICAC, was today (Friday) sentenced to two months’ imprisonment at the Kowloon City Magistracy after admitting that he had offered a bribe of $500 to a driving examiner of the Transport Department (TD) so as to get a pass in a driving test.

Leung Kin-ming, 22, a container depot worker, today 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.

Deputy Magistrate Lam Tsz-kan ordered that the $500 offered by the defendant to the driving examiner be confiscated.

In passing the sentence, the deputy magistrate said as bribing a public servant was a very serious offence, the court had to mete out an immediate custodial sentence to the defendant so as to serve as a deterrent.

The deputy magistrate reprimanded the defendant for undermining the driving examination system and causing unfairness to other candidates and safety risks to road users should his corrupt deal have succeeded.

The deputy magistrate added that after taking into account various factors, including the defendant’s guilty plea and his young age, he reduced the starting point of three months in jail to two months.

The court heard that the defendant took a light goods vehicle driving test at the Tin Kwong Road Driving Test Centre of the TD in the morning of February 11 this year.

After a random allotment exercise, a Driving Examiner II of the TD was assigned to be the defendant’s driving examiner.

When the vehicle stopped at a red traffic light about three minutes after the start of the driving test, the defendant took out a $500 banknote and gave it to the driving examiner by saying: “Sir, for you to have tea.”

Despite the driving examiner’s refusal to accept the banknote, the defendant repeated the offer by reiterating: “Sir, for you to have tea.” The driving examiner asked the defendant to withdraw the banknote, and told the defendant that he would call the Police, the court heard.

The defendant then put the banknote into his rear pant pocket and was told to drive the vehicle back to the driving centre. Upon arrival at the centre, the driving examiner called the Police to make a report, and told his supervisor of the matter.

The defendant was then arrested by the Police, with the $500 banknote seized from him. Subsequently, the case was referred to the ICAC on the same day, the court was told.

The TD and the Police had rendered full assistance to the ICAC during its investigation.

The prosecution was today represented by ICAC officer Billy Cheng.
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