THE QUEEN v. WONG SIK-KWONG AND OTHERS

THE QUEEN v. WONG SIK-KWONG AND OTHERS

Judge found beyond reasonable doubt that a single corrupt conspiracy existed centered on PW2 and a civilian organiser ('Ah Ngau'), that D2 and D4 were founding/organising participants with full knowledge, and that D1, D3 and D5 participated in phases of the same conspiracy; admissions of D1-D5 were voluntary and admissible (D6's admissions were excluded as tainted by oppression); accomplice evidence without corroboration failed against D6-D11; Count 1 (conspiracy to accept advantages under s.4(2) PBO) proven for D1-D5, Count 2 dismissed to avoid duplicative convictions.

Citation
THE QUEEN v. WONG SIK-KWONG AND OTHERS
Parties
Prosecution: The Queen; Defendant Police Officer: WONG Sik-kwong; Defendant Police Officer: LI Wai-fat; Defendant Police Officer: PONG Wai-hung; Defendant Police Officer: WONG Chau-shing; Defendant Police Officer: TSE Sin-cheung; Defendant Police Officer: HUI Chi-keung; Defendant Police Officer: WONG Kam-pui; Defendant Civilian: LEE Kam-kau; Defendant Police Officer: LEUNG Shi-ki; Defendant Police Officer: TSUI Sheung-tak; Defendant Police Officer: CHEUNG Kin-shun
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
7 April 1977
Case Number
DCCC205/1976
Procedural Posture
Criminal Conspiracy/bribery / Judgment
Outcome
D1, D2, D3, D4 and D5 convicted on Count 1 (conspiracy to accept advantages under Prevention of Bribery Ordinance s.4(2)); Count 2 dismissed as duplicative; D6-D11 acquitted on both counts.
Legal Topics
Conspiracy, Bribery Under Prevention of Bribery Ordinance, Accomplice Corroboration, Voluntariness and Admissibility of Confessions, Multiplicity of Conspiracies, Use of ICAC Investigatory Material
Source Language
EN
Criminal Law Anti Corruption Law Evidence Law Conspiracy Bribery Under Prevention of Bribery Ordinance Accomplice Corroboration Voluntariness and Admissibility of Confessions Multiplicity of Conspiracies +1 more

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Parties

The Queen

Prosecution

WONG Sik-kwong

Defendant Police Officer

LI Wai-fat

Defendant Police Officer

PONG Wai-hung

Defendant Police Officer

WONG Chau-shing

Defendant Police Officer

TSE Sin-cheung

Defendant Police Officer

HUI Chi-keung

Defendant Police Officer

WONG Kam-pui

Defendant Police Officer

LEE Kam-kau

Defendant Civilian

LEUNG Shi-ki

Defendant Police Officer

TSUI Sheung-tak

Defendant Police Officer

CHEUNG Kin-shun

Defendant Police Officer

Procedural Posture

Criminal Conspiracy/bribery / Judgment

Legal Issues

  1. 1 Whether defendants conspired to accept advantages in breach of Prevention of Bribery Ordinance s.4(2)
  2. 2 Whether accomplice evidence (PW2, PW3, PW4) was sufficiently corroborated
  3. 3 Whether challenged admissions/statements were voluntary and admissible

Ratio Decidendi

Judge found beyond reasonable doubt that a single corrupt conspiracy existed centered on PW2 and a civilian organiser ('Ah Ngau'), that D2 and D4 were founding/organising participants with full knowledge, and that D1, D3 and D5 participated in phases of the same conspiracy; admissions of D1-D5 were voluntary and admissible (D6's admissions were excluded as tainted by oppression); accomplice evidence without corroboration failed against D6-D11; Count 1 (conspiracy to accept advantages under s.4(2) PBO) proven for D1-D5, Count 2 dismissed to avoid duplicative convictions.

Court Disposition

D1, D2, D3, D4 and D5 convicted on Count 1 (conspiracy to accept advantages under Prevention of Bribery Ordinance s.4(2)); Count 2 dismissed as duplicative; D6-D11 acquitted on both counts.

Orders

  • Convict WONG Sik-kwong (D1), LI Wai-fat (D2), PONG Wai-hung (D3), WONG Chau-shing (D4) and TSE Sin-cheung (D5) on Count 1
  • Dismiss Count 2 against all accused to avoid duplicative convictions