Chapter 5
Midnight Operation
Now or never
In August 2015, a new development erupted in the seemingly stalemate investigation.
On 6 August 2015, the Highways Department announced the transfer of D1, the Chief Technical Officer, out of Kwun Tong District with effect from 11 September 2015. Instead of digging for more substantial evidence, the ICAC decided to turn the operation overt ahead of time after learning that D1 was about to leave his current post. But when should be the D-day for arrest?
Soon afterwards, D1 told his subordinate, a Maintenance Inspector of Works (the third prosecution witness, PW3), that after a meeting with the staff of Tseung Kwan O Tunnel, he decided to assign a subcontractor of Contractor S to repair the defective concrete carriageway of Tseung Kwan O Tunnel Road where joint sealant would be used to seal the surface cracks. To seek funding approval, D1 instructed PW3 to prepare corresponding document for Block Vote application of the tunnel project with an estimate close to HK$2 million. PW3 then prepared and submitted the document for Block Vote application to D1 in August 2015. Believing that the repair works in question would be the last project approved by D1 before his transfer, investigating officers kept a sharp lookout of the two defendants’ whereabouts. A plan for arrest was in the pipeline.
On 8 September 2015, D1 returned the signed document to PW3. On the same day, D1 and D2 headed north to the mainland again after work. The duo departed from Hong Kong for the mainland via Lo Wu Terminal at 6:05 pm and 6:20 pm respectively. As it was suspected that it might be the last meeting between the duo on the mainland before D1's transfer, and their all-cash deal would very likely take place again, the ICAC decided to mount the arrest operation that night.
Caught red-handed
Five teams, each comprising two to three ICAC officers, took part in the operation that night. Meanwhile, the case officer in command stayed in a vehicle at the field and co-ordinated the course of operation.
D1, once returned to Hong Kong in early hours of 9 September 2015, was picked up and driven home by D2's subordinate. At 3:05 am, D1 was arrested by investigating officers stood by in the vicinity of D1's residence. D1 was searched and found to have an envelope containing HK$50,000 on the spot. Believing that should be material evidence, the investigating officers had it sent to the Government Laboratory for forensic examination.
The two defendants were not captured in one go as D2 was still on the mainland at that material time. It was after almost two weeks when D2 was arrested by the ICAC on his return to Hong Kong on 21 September 2015.
| 6.8.2015 | The Highways Department announced D1's transfer out of Kwun Tong District on 11 September. |
| 8.2015 | D1 decided to repair the defective carriageway of Tseung Kwan O Tunnel Road and instructed his subordinate to prepare the corresponding document for Block Vote application. |
| 8.9.2015 | D1 signed the Block Vote document |
| 8.9.2015 | D1 departed Hong Kong for the mainland via Lo Wu Terminal. |
| 8.9.2015 | D2 also departed Hong Kong for the mainland via Lo Wu Terminal. |
| 3:05 am, 9.9.2015 | D1 returned to Hong Kong and was arrested. He was found to have an envelope with HK$50,000 on the spot. |
| 21.9.2015 | D2 was arrested on his return to Hong Kong. |
The arrest operation mounted in the small hours was still vivid to me. "I was up all day and night waiting for him to return to his home!" When D1 returned home in the early hours, he was immediately arrested by the ICAC officers who had been standing by in the vicinity all night long. They searched and found an envelope with cash inside. "Although everyone was drained to the limit after standing by for the whole night, it was all very motivating at the point we took action. After almost a year of surveillance, there was finally a momentous breakthrough!"