HA’s Service Director and friend charged by ICAC with MIPO over procurement
2024-4-3
A Service Director of the Hong Kong East Cluster of the Hospital Authority (HA) and a friend of hers were charged by the ICAC today (April 3) with misconduct in public office (MIPO) by amending the specification and divulging confidential information in relation to the procurement of a patient education animation production project worth over $130,000 in favour of the friend.
Carolyn Kng Poey-lyn, 59, Service Director (Primary and Community Health Care) of the Hong Kong East Cluster of the HA, faces one count of MIPO, contrary to the Common Law; and two counts of agent using document with intent to deceive her principal, contrary to section 9(3) of the Prevention of Bribery Ordinance (POBO).
Chan Lap-yee, 48, multimedia freelancer, faces one count of aiding, abetting, counselling or procuring the commission by another person of the offence of MIPO, contrary to the Common Law and section 89 of the Criminal Procedure Ordinance.
The duo were released on ICAC bail, pending their appearance at the Eastern Magistrates’ Courts next Monday (April 8) for plea.
At the material time, Kng was one of the advisors to an organising committee of the 15th Hong Kong East Cluster Symposium on Community Engagement (the Symposium). In around May 2021, Kng suggested to use the surplus funding of around $130,000 of the Symposium to produce five animations on patient engagement and education for its webpage. The relevant procurement exercise was launched in late 2021 and Chan was one of the six bidders of the animation production project.
HA employees are required to declare any potential conflict of interest, including their personal relationship with any suppliers or contractors, when they discharge their duties and conduct any procurement. HA staff shall not use confidential information obtained through their official position for personal gain.
It is alleged that between May and December 2021, Kng wilfully misconducted herself in the course of or in relation to her public office, without reasonable excuse or justification, by amending the specification in the procurement exercise for the animation production project in favour of Chan; and divulging information obtained by Kng in her official capacity to Chan, to facilitate the award of the project to Chan. Meanwhile, Chan allegedly aided, abetted, counselled or procured Kng to misconduct herself.
Kng also allegedly used two declarations of conflict of interest to mislead the HA in November and December 2021. She allegedly claimed that she had no conflict of interest to be disclosed when handling the procurement exercise for the animation production project.
The ICAC investigation arose from a corruption complaint. Enquiries revealed that Kng became acquainted with Chan in around 2018. They maintained regular contact since then.
ICAC enquiries also revealed that Chan was the only tenderer meeting all the technical requirements after Kng amended the relevant specification of the project. The HA eventually awarded the project to Chan and paid her a total of $132,500.
The HA has rendered full assistance to the ICAC during its investigation into the case.
An ICAC spokesperson notes public servants should maintain a high standard of integrity when discharging their duties. Abusing their official capacity or concealing any conflict of interest to benefit themselves or their associates could incur criminal liabilities, and even contravene the POBO if bribery is involved.
Carolyn Kng Poey-lyn, 59, Service Director (Primary and Community Health Care) of the Hong Kong East Cluster of the HA, faces one count of MIPO, contrary to the Common Law; and two counts of agent using document with intent to deceive her principal, contrary to section 9(3) of the Prevention of Bribery Ordinance (POBO).
Chan Lap-yee, 48, multimedia freelancer, faces one count of aiding, abetting, counselling or procuring the commission by another person of the offence of MIPO, contrary to the Common Law and section 89 of the Criminal Procedure Ordinance.
The duo were released on ICAC bail, pending their appearance at the Eastern Magistrates’ Courts next Monday (April 8) for plea.
At the material time, Kng was one of the advisors to an organising committee of the 15th Hong Kong East Cluster Symposium on Community Engagement (the Symposium). In around May 2021, Kng suggested to use the surplus funding of around $130,000 of the Symposium to produce five animations on patient engagement and education for its webpage. The relevant procurement exercise was launched in late 2021 and Chan was one of the six bidders of the animation production project.
HA employees are required to declare any potential conflict of interest, including their personal relationship with any suppliers or contractors, when they discharge their duties and conduct any procurement. HA staff shall not use confidential information obtained through their official position for personal gain.
It is alleged that between May and December 2021, Kng wilfully misconducted herself in the course of or in relation to her public office, without reasonable excuse or justification, by amending the specification in the procurement exercise for the animation production project in favour of Chan; and divulging information obtained by Kng in her official capacity to Chan, to facilitate the award of the project to Chan. Meanwhile, Chan allegedly aided, abetted, counselled or procured Kng to misconduct herself.
Kng also allegedly used two declarations of conflict of interest to mislead the HA in November and December 2021. She allegedly claimed that she had no conflict of interest to be disclosed when handling the procurement exercise for the animation production project.
The ICAC investigation arose from a corruption complaint. Enquiries revealed that Kng became acquainted with Chan in around 2018. They maintained regular contact since then.
ICAC enquiries also revealed that Chan was the only tenderer meeting all the technical requirements after Kng amended the relevant specification of the project. The HA eventually awarded the project to Chan and paid her a total of $132,500.
The HA has rendered full assistance to the ICAC during its investigation into the case.
An ICAC spokesperson notes public servants should maintain a high standard of integrity when discharging their duties. Abusing their official capacity or concealing any conflict of interest to benefit themselves or their associates could incur criminal liabilities, and even contravene the POBO if bribery is involved.