A Hong Kong police officer is standing trial, accused of fraudulently obtaining approximately HK$46,000 in paid sick leave after allegedly misrepresenting his occupation to a physician. The case against Jeffrey Tam Shun-wai, 32, a serving officer, commenced Monday at West Kowloon Magistrates’ Courts, focusing on allegations that he falsely claimed to be a fitness coach to secure extended medical leave.
Mr. Tam, who joined the police force in 2013, faces one count of fraud concerning sick notes issued between December 2019 and February 2020. Prosecutors contend that the officer misled the doctor into granting 54 days of leave, ultimately leading to the undue payment.
Doctor Testifies on Occupational Deception
The trial centers on the testimony of Dr. Wilson Tsang, who first examined Mr. Tam in September 2019. According to Dr. Tsang, Mr. Tam initially presented himself as a fitness coach who required intensive physical training for his employment. Based on this claimed occupational demand, the doctor issued an initial 110 days of sick leave.
During the consultation, Dr. Tsang inquired whether strenuous activity was critical to Mr. Tam’s job, to which the officer allegedly affirmed that high-intensity training was paramount and avoiding it was not an option permitted by his employer. Given the reported need for physical exertion and a medical issue requiring avoidance of heavy lifting, the doctor concluded that an extended period away from work was necessary for recovery. Dr. Tsang clarified in court that the lengthy rest period aligns with standards for strenuous sports injuries, not typical sick leave guidelines for less physically demanding roles.
Social Unrest Cited as Motive
The alleged deception came to light when Mr. Tam requested a medical report in February 2022 and revealed to the physician that he was, in fact, a police officer.
Dr. Tsang testified that when he confronted Mr. Tam about the earlier misrepresentation, the officer allegedly stated that he had lied because he did not want to be assigned to frontline duties amid the social unrest that gripped Hong Kong at the time.
The doctor stated that had he known Mr. Tam was a member of a disciplined service, the consultation and subsequent medical assessment would have been drastically different. Instead of issuing the substantial leave period, Dr. Tsang suggested he likely would have only issued two to three weeks of leave, coupled with a recommendation for light duty. Officers on light duty typically perform administrative or non-contact roles, avoiding street patrols or physically taxing assignments.
Allegations of Intent to Induce
The core of the prosecution’s case rests on the assertion that on October 17, 2019, Mr. Tam intended to induce Dr. Tsang to issue the prolonged sick notes by falsely claiming the physically demanding nature of his work. The resulting 54-day period covered a significant time frame when Mr. Tam, holding a police salary and benefits, would have received paid medical leave.
Mr. Tam, who was stationed in the Tsuen Wan Police District between September 2019 and October 2022, maintains his innocence. The trial continues, scrutinizing the professional duty of the officer versus the financial and ethical implications of alleged occupational fraud.
This case highlights the stringent requirements for proving deceit in obtaining government benefits and may prompt increased scrutiny of medical leave applications, particularly for employees within sensitive government roles. The verdict will determine the legal ramifications for both the officer’s actions and the potential breach of public trust.