Officer's lawyer says free sex was hospitality, not corruption
The former head of the Narcotics Bureau, jailed for three years for accepting free sex from prostitutes, faces an anxious wait after bidding to clear his name yesterday.
The Court of Appeal reserved judgment on whether former senior superintendent Sin Kam-wah, 46, and his co-accused, businesswoman Lam Chuen-ip, also jailed for three years, were successful in their appeal against conviction and sentence.
Their lawyer argued that Sin broke no law by accepting entertainment from Lam, who arranged four prostitutes to provide him with free sexual services.
Neville Sarony, SC, said that as a police officer, Sin had a series of restrictions on what could occur during his private time. It was against this backdrop that he was persecuted for accepting hospitality from Lam, with whom he had a social relationship through her husband, a fellow officer.
'There can be absolutely nothing wrong with entertaining,' he said. 'We are not talking about strangers here. For all intents and purposes, they were friends - and not only friends, but within the family of the police.'
He added Sin was not in charge of the police seconded by the Liquor Licensing Board to conduct searches on various entertainment establishments.
'What really had a complexion of innocent and harmless behaviour was invested with the colour of corruption,' he said.
Mr Justice Geoffrey Ma Tao-li, chief judge of the High Court, then asked Mr Sarony: 'This is not something that friends would do normally, is it? This [sex] is not an ordinary gift.' Mr Sarony replied: 'I accept that totally.'
Sin's 26-year career with the Hong Kong Police Force ended when he became one of the most senior officers charged by the Independent Commission Against Corruption.
He was found guilty by District Court Judge John Saunders in November last year of three charges of misconduct in public office.
His three-year jail term was also believed to be the heaviest sentence for such offences handed down by Hong Kong's courts.
Lam was convicted of three charges of exercising control over other women to engage in prostitution and three of offering an advantage to a government servant. Lam operated several entertainment venues in Tsim Sha Tsui.
Mr Sarony told the court yesterday that Judge Saunders had erred in applying the wrong law.
Mr Justice Ma, Mr Justice Michael Stuart-Moore and Mr Justice Michael Lunn reserved their decision.
