Solicitor Andrew Lam, barrister Kevin Egan and two others have been sentenced to 30 months to four year's jail at the District Court for their roles in a plot over a protected witness.

Businessman Wong Chong-kwong, 38, received a three-year jail term for conspiracy to pervert the course of public justice.

Company director Mandy Chui, 26, was jailed for two and a half years for the same conspiracy charge and one year for attempted perjury, to run concurrently.

Solicitor Andrew Lam, 54, was sentenced to four years' jail for the conspiracy offence.

Barrister-at-law Kevin Egan, 59, was jailed for two and a half years for two counts of attempting to disclose information about the identity of a participant in the witness protection programme, in violation of the Witness Protection Ordinance.

Serious offence

In sentencing, Chief Judge Barnabas Fung said the conspiracy offence is serious and a direct assault on the administration of justice.

He said as an officer of the court, Lam had a duty to protect, not abuse the administration of justice. A four-year sentence for Lam, who had planned the plot, is in proportion to his criminality, he added.

The judge said while Wong instigated the scam, Chui did tell lies when making the affirmation. He also noted Egan's act was a blatant breach of the Witness Protection Ordinance.

Earlier, when delivering his reasons for verdict, Judge Fung noted testimony of the key prosecution witnesses was credible, adding those witnesses were reliable and he had no doubt they had told the truth.

On the issue of the ICAC's signing a memorandum of understanding concerning a witness under protection, the judge said there was no bad faith whatsoever on the commission's part in its handling of the case.

The ICAC said the case originated from a request from the Court of Appeal to the Secretary for Justice, who subsequently referred the matter to the ICAC to investigate whether an offence had been committed under the Witness Protection Ordinance.

Justice upheld

The commission had vigorously pursued every case without fear or favour and will continue to uphold the principles of justice and carry out anti-corruption duties in strict accordance with the law.

The court heard Wong, Chui and Lam had conspired to pervert the course of public justice between July 11 and 17, 2004.

The trio, knowing that Wong and others had been arrested in an ongoing ICAC investigation and criminal proceedings arising from the investigation were possible, had obstructed and hindered the investigation and possible proceedings by seeking to gain access to someone they believed to be co-operating with and assisting the ICAC.

The court heard the trio had sought to learn what the witness had said to ICAC investigators and influence her against providing further assistance or information.

Chui made an attempted perjury on July 16, 2004. The court also heard that Egan had attempted to disclose to a newspaper reporter information about the identity of a participant in the witness protection programme on July 15, 2004, and on another occasion on the same date, without lawful authority or reasonable excuse.