Ex-security guard jailed for defrauding HD of wages over patrols against dog keeping

2017-10-19


A former security guard of a security company (Company A), charged by the ICAC, was sentenced to two months’ imprisonment at the Shatin Magistracy today (October 19) after admitting that he had defrauded the company and the Housing Department (HD) of wages totalling over $16,640 by falsifying attendance records of his daily patrols against unauthorised dog keeping at public housing estates.

D1, 63, who was charged on Tuesday (October 17), pleaded guilty to one count of fraud, contrary to Section 16A of the Theft Ordinance.

In sentencing, Acting Principal Magistrate Mr Joseph To Ho-shing said the offence committed by D1 constituted a serious breach of trust, adding that the case involved public interest.

The acting principal magistrate also ordered D1 to pay over $16,640 as compensation to Company A.

D2, 59, former security guard of Company A, who was also charged on Tuesday, today pleaded guilty to a similar offence. His case was adjourned to November 2 this year for sentence, pending a community service order report. He was granted cash bail of $1,000.

The case arose from a corruption complaint. Subsequent ICAC enquiries revealed the above offences.

The court heard that at the material time, D1 was a security guard of Company A, which was awarded a two-year contract by the HD to provide security services at various public housing estates. After D1 resigned in December 2015, D2 joined the company in January 2016 to replace him.

D1 and D2 were responsible for conducting daily patrol duties against unauthorised dog keeping at public housing estates in Shatin district. They were required to report their attendance four times a day.

The court heard that between September 2014 and August 2016, D1 and D2 were respectively out of Hong Kong on 60 and nine occasions during their working hours. But their attendance sheets showed that they had reported duty on those days.

When interviewed under caution by ICAC officers, D1 admitted that whenever he was assigned to conduct patrol duties against unauthorised dog keeping at Fung Wo Estate and Hin Yiu Estate, he would report to the related estate offices, sign the four reporting times on the attendance sheets in one go, and then leave the offices to handle his personal matters.

D1 and his teammate took turns at preparing and submitting false attendance sheets to the two estate offices, the court heard.

When D2 was interviewed under caution by ICAC officers, he admitted having travelled to the Mainland during working hours on the nine occasions between April 23 and August 27, 2016.

D2 also admitted that he had made false entries on the attendance sheets so as to conceal the fact that he was out of Hong Kong.

The HD and Company A confirmed that the salaries of D1 and D2 were calculated according to their attendance sheets.

As a result of their false attendance on the 60 and nine occasions, D1 and D2 had defrauded Company A and the HD of salaries totalling over $16,640 and over $3,050 respectively, the court was told.

The HD and Company A had rendered full assistance to the ICAC during its investigation.

The prosecution was today represented by ICAC officer Pius Chan.
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