Ex-senior executive of tunnel company gets three years and one month for soliciting $6m bribe
2013-12-17
A former senior executive of a tunnel management company, charged by the ICAC, was today (Tuesday) sentenced to three years and one month’s imprisonment at the District Court for soliciting a bribe of over $6 million from another management company in relation to a new contract for management of two tunnels.
Victor Leung Yau-wing, 66, former assistant general manager of Greater Lucky (HK) Company Limited (Greater Lucky), earlier pleaded guilty to one count of agent soliciting an advantage, contrary to Section 9(1)(a) of the Prevention of Bribery Ordinance. He also admitted one count of faili ng to surrender to custody.
Citing a judgment of the Court of Appeal in relation to a review of sentence of a bribery case, District Court Judge Kevin Browne said bribery was an evil which could strike at the heart of commercial and public life if it was left unchecked.
The judge said the offences committed by the defendant constituted a significant breach of trust and there were no exceptional circumstances involved in the case.
The judge added that the starting point of four and a half years in jail for the bribery offence was reduced by one-third to three years in view of the defendant’s guilty plea. A lenient one-month imprisonment was meted out after taking into account his willingness to surrender himself.
The court heard that at the material time, the defendant was employed by the parent company of Greater Lucky as a transport affairs director acting for Greater Lucky to handle the tendering exercise of the new contract.
In April last year, Greater Lucky was awarded the new contract by the Transport Department (TD) to replace Serco Group (HK) Limited (Serco) as the new management company of Kai Tak Tunnel and Lion Rock Tunnel at over $400 million.
With the signing of the contract scheduled for late July last year, the defendant became assistant general manager of Greater Lucky as from August 1 last year.
On July 10 last year, prior to the signing of the new contract, an executive director of Serco met with the defendant upon the latter’s request.
During the meeting, the defendant solicited a sum equivalent to 1.5% of the price of the contract, amounting to over $6 million, for deferring the signing of the contract by Greater Lucky with the TD, the court heard.
The defendant was subsequently arrested by the ICAC. On May 16 this year, he was charged by the ICAC with one count of agent soliciting an advantage.
After pleading not guilty to the charge on June 11, the defendant was scheduled to face trial at the District Court on August 12. But he failed to turn up at the court for trial on that day, and a warrant of arrest was issued.
Upon his return to Hong Kong from the Mainland on October 21, the defendant was arrested and laid with an additional charge of failing to surrender to custody, the court was told.
The prosecution was today represented by Acting Senior Public Prosecutor Jonathan Lin, assisted by ICAC officer Joseph Leung.
Victor Leung Yau-wing, 66, former assistant general manager of Greater Lucky (HK) Company Limited (Greater Lucky), earlier pleaded guilty to one count of agent soliciting an advantage, contrary to Section 9(1)(a) of the Prevention of Bribery Ordinance. He also admitted one count of faili ng to surrender to custody.
Citing a judgment of the Court of Appeal in relation to a review of sentence of a bribery case, District Court Judge Kevin Browne said bribery was an evil which could strike at the heart of commercial and public life if it was left unchecked.
The judge said the offences committed by the defendant constituted a significant breach of trust and there were no exceptional circumstances involved in the case.
The judge added that the starting point of four and a half years in jail for the bribery offence was reduced by one-third to three years in view of the defendant’s guilty plea. A lenient one-month imprisonment was meted out after taking into account his willingness to surrender himself.
The court heard that at the material time, the defendant was employed by the parent company of Greater Lucky as a transport affairs director acting for Greater Lucky to handle the tendering exercise of the new contract.
In April last year, Greater Lucky was awarded the new contract by the Transport Department (TD) to replace Serco Group (HK) Limited (Serco) as the new management company of Kai Tak Tunnel and Lion Rock Tunnel at over $400 million.
With the signing of the contract scheduled for late July last year, the defendant became assistant general manager of Greater Lucky as from August 1 last year.
On July 10 last year, prior to the signing of the new contract, an executive director of Serco met with the defendant upon the latter’s request.
During the meeting, the defendant solicited a sum equivalent to 1.5% of the price of the contract, amounting to over $6 million, for deferring the signing of the contract by Greater Lucky with the TD, the court heard.
The defendant was subsequently arrested by the ICAC. On May 16 this year, he was charged by the ICAC with one count of agent soliciting an advantage.
After pleading not guilty to the charge on June 11, the defendant was scheduled to face trial at the District Court on August 12. But he failed to turn up at the court for trial on that day, and a warrant of arrest was issued.
Upon his return to Hong Kong from the Mainland on October 21, the defendant was arrested and laid with an additional charge of failing to surrender to custody, the court was told.
The prosecution was today represented by Acting Senior Public Prosecutor Jonathan Lin, assisted by ICAC officer Joseph Leung.