A former Taxation Officer of the Inland Revenue Department (IRD), who was charged by the ICAC, was today (Wednesday) sentenced at Eastern Magistracy for misconduct in public office by recording particulars of 18,300 taxpayers for his future personal use.

The defendant, 62, was found guilty of one count of misconduct in public office, contrary to the Common Law. He was fined $3,000.

The case arose from a corruption complaint. Subsequent ICAC enquiries revealed the offence of misconduct in public office.

The court heard that at the time of the offence, the defendant was a Taxation Officer of IRD.

In April 2004, the defendant was posted to the Document Processing Centre responsible for sorting out incoming mails from taxpayers, including individuals and companies.

The court heard that the defendant then began copying from incoming mails the personal data of taxpayers, anticipating that such information might be worthwhile for his future use in developing his direct sales business, or in the property or insurance fields after he retired.

The court heard that the defendant had copied by hand the data of 18,300 taxpayers, including their names, identity card numbers, business registration numbers, addresses and telephone numbers on papers, which he took away from his office, without the authorisation of the Commissioner of Inland Revenue.

The court further heard that on November 26, 2006, 77 and 255 pieces of papers were found respectively in his residence and office during a search by ICAC officers. Those papers contained the handwritten record of 18,300 taxpayers' personal data extracted and kept by the defendant.

On July 18, 2007, the defendant was charged by the ICAC with one count of misconduct in public office, but was acquitted by a magistrate after trial.

Application by the prosecution for a review of the verdict was rejected on June 27, 2008.

On July 8, 2008, the prosecution appealed against the acquittal by way of case stated to the Court of First Instance (CFI). The CFI heard the appeal on February 25, 2010, and reserved a judgment.

In a written judgment handed down on April 19, 2010, the CFI allowed the prosecution's appeal and remitted the case to Eastern Magistracy.

The prosecution was today represented by Acting Senior Public Prosecutor Margaret Lau, assisted by ICAC officer Raymond Yung.