Hong Kong Police Officers Lose Appeal in Drug-Planting Frame-Up Case

Four Hong Kong police officers have failed in their attempts to overturn convictions and sentences related to a six-year-old case where they framed a street sleeper for drug possession and covered up their actions. The Court of Appeal on Thursday ruled against the officers, stating they had "abandoned the rule of law" in their efforts to pervert the course of justice.

The officers, Leung Fei-pang, Pong Chun-sze, and Chan Sau-yip, had sought to overturn both their convictions and sentences. Wan Pak-sze appealed only her sentence. They were found guilty in September 2024, along with two other officers who were acquitted due to insufficient evidence. The group was convicted of perverting the course of justice for framing Le Van Muoi, a Vietnamese street sleeper.

The case stemmed from two police drug sweeps in 2020 near Tung Chau Street Park, an area frequented by homeless individuals. While Wan reportedly noted in her notebook that Le possessed drugs, Leung, Pong, and Chan were found to have obstructed surveillance cameras during the operation. Justice Derek Pang, sitting with Justices Keith Yeung and Andrew Chan, emphasized that interfering with surveillance footage, which provides an objective record, "inevitably has a tendency to pervert the course of justice."

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The public naturally expects police officers to actively combat crime. But if they become overzealous to the point of framing someone without evidence because they believe that person to be guilty, that becomes another crime that causes even greater harm and marks a departure from the rule of law.

The judges rejected the officers' arguments that their cover-up had no significant impact on legal proceedings and that they lacked the intent to interfere with justice. Justice Pang stated, "The public naturally expects police officers to actively combat crime. But if they become overzealous to the point of framing someone without evidence because they believe that person to be guilty, that becomes another crime that causes even greater harm and marks a departure from the rule of law."

Le Van Muoi, the 54-year-old street sleeper, was arrested following the incident and charged with drug possession. Tragically, he died in the custody of the Correctional Services Department six months later. His death was subsequently ruled a suicide by the Coroner's Court in November 2023. The High Court's decision underscores the seriousness of the officers' actions and the breach of public trust.

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inevitably has a tendency to pervert the course of justice.