Top court reinstates former lawmaker conviction for revealing police commander facing anti-graft probe

Hong Kong’s top court has reinstated the conviction of former lawmaker Lam Cheuk-ting for disclosing the identity of a police commander facing a probe by anti-graft officials over the July 21 Yuen Long mob attack five years ago.

The ruling also restored his sentence of four months’ imprisonment, meaning the 47-year-old politician, who is already serving time for offenses linked to two other trials, would be kept in prison longer.

This came as the Court of Final Appeal on Tuesday ruled by a majority to overturn Lam’s acquittal of three counts of unlawfully disclosing the identity of an investigation target by the Independent Commission Against Corruption (ICAC).

The five top court judges debated the scope of the provision under the Prevention of Bribery Ordinance, questioning whether merely revealing an ICAC investigation constitutes a violation or if disclosing the identity of a person involved is required.

Prosecutors claimed Lam was in violation by identifying superintendent Yau Nai-keung, then an assistant commander in Yuen Long, who was being investigated by the ICAC over misconduct in public office and corruption at the time.

Lam argued otherwise, saying he merely disclosed that Yau was under probe for the misconduct offense, which was not covered by the provision he was being accused of violating.

Chief Justice Andrew Cheung Kui-nung, permanent judge Roberto Ribeiro and non-permanent judge James Allsop supported a contextual, or broader, interpretation, which they believe “clearly better serves the statutory purpose.”

Permanent judges Joseph Fok and Johnson Lam Man-hon, however, disagreed, noting that an amendment of the provision in 1996 had narrowed the scope.

The five-judge panel ruled 3 to 2 in favor of the Justice Department, reinstating Lam’s conviction and jail sentence. 

(Jamie Liu)