Duo sentenced over public housing unit fraud scam

2013-11-29

An unemployed man and a proprietor of a decoration company, charged by the ICAC, were today (Friday) sentenced at the Kowloon City Magistracy for their roles in a fraud scam in relation to a public housing unit.

Siu Tak-ming, 55, unemployed, was jailed for 12 months, while co-defendant Lam Siu-pan, 39, proprietor of Fu Ngai Decoration & Building Materials Co. (Fu Ngai), was fined $5,000.

In sentencing, Deputy Magistrate Ms Kelly Shui said Siu deserved a custodial sentence as he was selfish by occupying public resources at the expense of others. The starting point of 18 months in jail was reduced to 12 months after taking into account of his guilty plea.

The deputy magistrate added that Lam was fined in view of his guilty plea as well as assistance rendered to the prosecution.

Siu earlier pleaded guilty to three counts of fraud, while Lam admitted two counts of forgery.

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

The court heard that between 1997 and 2013, a man and his two sons, who were respectively the principal tenant and registered tenants of a unit in Tsz Man Estate, Tsz Wan Shan, were residing in another country. During the period, Siu and his family had b een living in that public housing unit.

According to the housing subsidy policy of the Hong Kong Housing Authority (HA), households under public housing tenancy for 10 years have to declare their income biannually to the HA for assessing their eligibility to continue to pay the original rent.

The court heard that in April 2007, April 2009 and May 2011, Siu falsely represented the two sons were employed by a label production company, Fu Ngai and a design decoration firm at an average monthly salary of $8,400, $8,000 and $10,400 respectively.

With intent to defraud, Siu induced HA to approve the household of the unit in Tsz Man Estate to pay the original rent to HA.

On a day in 2008 or 2009, Lam made two false employment proofs of the two sons respectively issued by Fu Ngai, with the intention that they should use them to induce somebody to accept them as genuine, the court was told.

HA had rendered full assistance to the ICAC during its investigation.

The prosecution was today represented by Public Prosecutor Florrie Chan, assisted by ICAC officer Jeff Chow
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