［2023年3月14日］
一名45歲持單程證來港定居的家長，於去年6月教育局公布當年9月小一入學統一派位結果後，替其兒子申請小一入學學位，兒子的第一志願為軒尼詩道官立小學，唯她的丈夫填錯入學申請表格，其後希望申請候補機會，但兒子第一次會面不成功，未獲邀請參加第二輪面試。她隨後到學校要求校長重新考慮其兒子的入學申請，並向對方提供現金賄款兩萬元，遭校長拒絕並向廉政公署舉報事件，廉署起訴她一項向公職人員提供利益罪，案件今日在東區裁判法院提堂。被告承認一項向公職人員提供利益罪名，案件押後至本月28日判刑，以待索取被告的背景報告，還押懲教署看管。
辯方求情時指，被告希望幫兒子找到好學校，但又不認識香港法律 ; 被告家翁不原諒她賄賂校長一事，令她與兒子被逐出家門，需另覓住所居住。辯方表示被告坦白認罪，案底已是給她的大教訓，希望法庭考慮判處社會服務令或緩刑。徐官判刑時表示不會考慮有關判刑建議，並強調行賄罪屬嚴重罪行，法庭必須判處阻嚇性刑罰，認為即時監禁是唯一適當的判刑選擇，但會先為被告索取背景報告再作考慮。
A 45-year-old woman has been convicted of offering a bribe to a public servant. Last year in June, she applied for her son's admission to Primary One after the Education Bureau announced the results of the Unified Primary One Admission System. Her son's first choice was the Hennessy Road Government Primary School. However, her husband filled out the application form incorrectly, and they hoped to apply for a waiting list. Unfortunately, their son did not succeed in the first interview and was not invited to participate in the second round. Subsequently, she went to the school and asked the principal to reconsider her son's admission application, offering a bribe of HKD 20,000. However, the principal rejected the offer and reported the incident to the Independent Commission Against Corruption (ICAC). The ICAC charged her with one count of offering an advantage to a public servant. Today, the case was heard at the Eastern Magistrates' Court, and the defendant admitted the charge. The case was adjourned until the 28th of this month for sentencing, pending the background report of the defendant.
During the plea mitigation, the defence stated that the defendant wanted to find a good school for her son but was not familiar with Hong Kong law. The defendant's father-in-law did not forgive her for the bribery incident, and as a result, she and her son were evicted from the family home and had to find another place to live. The defence claimed that the defendant had admitted her guilt, and the case had taught her a great lesson. Therefore, the defence requested the court to consider imposing a community service order or probation. However, the magistrate ruled that he would not consider the sentencing suggestions, emphasizing that bribery is a serious crime, and the court must impose a deterrent sentence. The magistrate believed that immediate imprisonment is the only appropriate sentencing option, but will consider the background report of the defendant before making a decision.
文 : Area 51
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