The Court of Final Appeal has rejected the appeals of a Police Senior Superintendent and a businesswoman convicted in a bribery trial.
Sin Kam-wah, 47, and Lam Chuen-ip, 44, who were on bail while waiting for the appeals, were sent to jail to serve their remaining prison terms.
In December 2003, Sin was sentenced to three years jail for misconduct in public office over the acceptance of free services from prostitutes, while Lam received the same term for offering advantages to Sin and controlling women with a view to their prostitution.
Sin and Lam appealed against their convictions and sentences. The Court of Appeal subsequently reduced their jail terms by one year, but rejected their appeals.
Final judgment
Their appeals were then considered in the Court of Final Appeal by Chief Justice Andrew Li, Justice Bokhary, Justice Chan, Justice Ribeiro, and Sir Anthony Mason.
In the judgment handed down today, Sir Anthony Mason rejected Sin's argument that the conduct in question was not in the course of or in relation to his public office, and was neither culpable nor serious.
The court found there could be no doubt the misconduct had the necessary relationship with Sin's public office, and it was culpable and serious because it involved his participation in the acceptance of free sexual services with the knowledge they were provided by prostitutes over whom Lam exercised control.
Rejecting Lam's appeal, the judge held there was ample evidence to support that the appellant exercised control over the women for their prostitution, as she not only had a financial interest in the clubs but also occupied a position of authority in their operations.
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