The Stewards today continued the inquiry commenced on 11 September 2016 and continued on 26 September 2016. Jockey Y T Cheng appeared at today’s resumed inquiry.
On 26 September 2016, Jockey Cheng was advised that the inquiry would be adjourned following him being directed by the Stewards to provide certain banking or financial transactions to assist the investigation by the Stewards. This direction was made pursuant to Rule 12(40) of the Rules of Racing and followed evidence being provided by Jockey Cheng of financial transactions between himself and other people to whom he had provided racing-related information. Jockey Cheng advised the Stewards in writing on 13 October 2016 that he would not provide the records as directed by the Stewards, a position he reaffirmed at today’s hearing.
Jockey Cheng was charged with having breached Rule 12(33) which provides as follows:-
Rule 12 In addition to any other power elsewhere conferred on them by these Rules, the Stewards shall have the following powers in relation to race meetings and other racing matters in accordance with the allocation of jurisdictions provided for earlier in these Rules:-
(33) To penalise any person who refuses to obey or fails to obey any proper direction of any Official.
The particulars of the charge being that he did refuse to obey a proper direction of the Racing Stewards made by letter on 30 September 2016 and repeated by letter on 12 October 2016, that direction being to provide his full and complete banking or other financial records for the period 1 January 2013 until 26 September 2016 so as to investigate financial transactions between him and certain individuals to whom he had provided racing-related information.
The Stewards afforded Jockey Cheng the opportunity to seek an adjournment of the inquiry to consider his position in respect of this charge. Jockey Cheng instead elected to apply to the Stewards for this matter to be decided upon today. After acceding to Jockey Cheng’s application, the Stewards formally accepted a guilty plea submitted by Jockey Cheng. The Stewards decided that the appropriate penalty is for Y T Cheng’s jockey’s licence for the current 2016/2017 racing season to be suspended in full, such suspension to commence immediately and to expire on 24 April 2017 (six calendar months). A full suspension of a jockey’s licence precludes the subject person from riding in races and in track work which necessarily extends to barrier trials.
Jockey Cheng was advised that should he decide to submit the directed banking or financial records prior to 24 April 2017, the Stewards would convene to revisit the matter of penalty.
In assessing penalty, the Stewards were of the opinion that Y T Cheng’s refusal to submit the records as directed compromised the ability of the Stewards to conduct the inquiry which therefore directly impacted on the integrity of the sport of horse racing. Rule 12(33) is a significant Rule of Racing and one that is integral to the effective regulation of racing.
Y T Cheng was advised that the inquiry into potential breaches of Rule of Racing 59(1) in respect of him possibly providing information to persons other than the owner or trainer in respect of ALMABABY and LUCKY HAMMER (Happy Valley racemeeting, 7 September 2016) and TIANHUANG (Sha Tin racemeeting, 9 January 2016) remains adjourned until a date to be fixed.
