Man charged by ICAC gets 18 months’ jail for perversion by understating $3m income in Family Court proceedings
2023-6-15
A man charged by the ICAC with perversion and perjury revealed in the course of a corruption investigation was sentenced to 18 months’ imprisonment after admitting at the District Court today (June 15) that he had understated his income by over $3 million in an application to the Family Court (FC) for relieving him from making a monthly maintenance payment of $2,500 to his ex-wife to support their child.
Rockman Ng Man-kam, 38, pleaded guilty to six counts of doing acts tending and intended to pervert the course of public justice, contrary to the Common Law; and one count of perjury, contrary to section 31 of the Crimes Ordinance.
In sentencing, Deputy Judge Mr David Cheung remarked that the defendant advertently misled the FC to err in its judgment which caused unfairness. Meting out a non-custodial sentence was deemed inappropriate in view of the seriousness of the offences involved. The Deputy Judge took a starting point of 30 months’ imprisonment and reduced the defendant’s jail term to 18 months having considered his guilty plea and mitigating factors.
The court heard that at the material time, the defendant was a branch supervisor of a property agency. Apart from a monthly basic salary of $8,900, he could earn sales commissions and overriding commissions for property transactions procured by himself and his subordinate agents respectively.
The defendant and his ex-wife had been engaged in proceedings at the FC on maintenance payment and child custody since 2011. In August 2017, the defendant was ordered by the FC to make a monthly maintenance payment of $2,500 six months a year to his ex-wife for supporting the living of their child.
In January 2018, the defendant filed an application to the FC for relieving himself from making the above payment to his ex-wife on the basis that he was in a dire financial situation. The application was granted in March 2020.
The court heard that between March 2018 and February 2019, the defendant intended to pervert the course of public justice by filing with the FC documents which contained false contents and used them in the application for relieving maintenance payment. The documents concerned were two affirmations, three written replies and a financial statement attached with copies of false payment advices and monthly bank statements.
In addition, the defendant wilfully made a false statement that his income received from his employer each month was about $8,500 after having been lawfully sworn as a witness in the above proceedings at the FC on February 21, 2019.
ICAC investigation revealed that in the 20 months between June 2017 and January 2019, the defendant earned about $21,000 to about $770,000 each month from the property agency. But he had understated his income during the period by over $3 million in the above documents filed with the FC in respect of his application.
The prosecution was today represented by Acting Senior Public Prosecutor Jason Lau, assisted by ICAC officer Jayne Woo.
Rockman Ng Man-kam, 38, pleaded guilty to six counts of doing acts tending and intended to pervert the course of public justice, contrary to the Common Law; and one count of perjury, contrary to section 31 of the Crimes Ordinance.
In sentencing, Deputy Judge Mr David Cheung remarked that the defendant advertently misled the FC to err in its judgment which caused unfairness. Meting out a non-custodial sentence was deemed inappropriate in view of the seriousness of the offences involved. The Deputy Judge took a starting point of 30 months’ imprisonment and reduced the defendant’s jail term to 18 months having considered his guilty plea and mitigating factors.
The court heard that at the material time, the defendant was a branch supervisor of a property agency. Apart from a monthly basic salary of $8,900, he could earn sales commissions and overriding commissions for property transactions procured by himself and his subordinate agents respectively.
The defendant and his ex-wife had been engaged in proceedings at the FC on maintenance payment and child custody since 2011. In August 2017, the defendant was ordered by the FC to make a monthly maintenance payment of $2,500 six months a year to his ex-wife for supporting the living of their child.
In January 2018, the defendant filed an application to the FC for relieving himself from making the above payment to his ex-wife on the basis that he was in a dire financial situation. The application was granted in March 2020.
The court heard that between March 2018 and February 2019, the defendant intended to pervert the course of public justice by filing with the FC documents which contained false contents and used them in the application for relieving maintenance payment. The documents concerned were two affirmations, three written replies and a financial statement attached with copies of false payment advices and monthly bank statements.
In addition, the defendant wilfully made a false statement that his income received from his employer each month was about $8,500 after having been lawfully sworn as a witness in the above proceedings at the FC on February 21, 2019.
ICAC investigation revealed that in the 20 months between June 2017 and January 2019, the defendant earned about $21,000 to about $770,000 each month from the property agency. But he had understated his income during the period by over $3 million in the above documents filed with the FC in respect of his application.
The prosecution was today represented by Acting Senior Public Prosecutor Jason Lau, assisted by ICAC officer Jayne Woo.