Integrity Focus

A merchant, charged by the ICAC, was today (September 27) convicted at the West Kowloon Magistrates’ Courts of impersonating an ICAC officer to request three clinic staff to verify the medical certificates of a man. He was further found guilty of perversion by uploading five closed circuit television (CCTV) footages in respect of the case onto a social media platform before the trial, alleging that prosecution witnesses had fabricated the footages against him.

Tam Wing-park, 67, merchant, was found guilty of a total of eight charges – three of falsely pretending to be an officer of the ICAC, contrary to section 13C(a) of the Independent Commission Against Corruption Ordinance; and five of perverting the course of public justice, contrary to the Common Law.

Magistrate Mr Tsang Hing-tung adjourned the case to October 11 for sentence, pending the defendant’s background and psychiatric reports. The defendant was remanded in the custody of the Correctional Services Department.

In July 2017, the girlfriend of the defendant was involved in a traffic collision with another driver, who subsequently attended medical treatments at a clinic and was issued four medical certificates. Afterwards, the employer of the driver initiated a civil claim against the girlfriend and she was ordered by the Small Claim Tribunal to compensate the driver’s employer in October 2021.

The court heard that on November 5, 2021, the defendant addressed himself as an ICAC officer in the phone conversations with two receptionists and a director of the above clinic and requested to verify the four medical certificates. The director had requested the defendant to provide his ICAC staff number, office phone number, etc. for identity verification, but the defendant did not accede to the request.

The defendant had never been an officer of the ICAC and he was charged by the ICAC with three counts of falsely pretending to be an officer of the ICAC on October 19, 2022. He pleaded not guilty to the charges in court on December 16, 2022.

The prosecution served the defendant with the relevant trial materials, including relevant CCTV footages of the clinic concerned, bearing a watermark “Defence Copy”, capturing images and voices of various prosecution witnesses.

The court heard that before the trial of the impersonation of ICAC officer case, the defendant, with intent to pervert the course of public justice, uploaded five video clips onto a social media platform. The video clips mentioned five of the prosecution witnesses of the case and contained assertions that the five people had fabricated CCTV footages for the prosecution against the defendant.

ICAC enquiries revealed that the video clips contained CCTV footages of the clinic bearing a watermark “Defence Copy”. Personal particulars of the prosecution witnesses were also mentioned in the video clips. On March 16, 2023, the defendant was charged by the ICAC with five counts of perverting the course of public justice.

The clinic concerned had rendered full assistance to the ICAC during its investigation into the case.

The prosecution was today represented by prosecuting counsel Lawrence Hui, assisted by ICAC officer Kenix Poon.

The ICAC reminds the public that impersonating an ICAC officer is a serious crime. Anyone who commits the offence is liable on conviction to a maximum penalty of one-year imprisonment and a fine of $25,000. Should members of the public have queries about the identity of any ICAC officers who approach them, they should call the ICAC 24-hour Report Corruption Hotline (852) 25 266 366.

An ICAC spokesperson stresses that the Commission would not tolerate any acts perverting the course of public justice. The ICAC would follow up on such illegal acts in a serious manner should they be found in its cases.