Ex-supervisor jailed for $170,000 EMSD salary fraud
2018-12-18
A former supervisor of an air-conditioning contractor of the Electrical and Mechanical Services Department (EMSD), charged by the ICAC, was today (December 18) sentenced to seven months’ imprisonment at the Tuen Mun Magistracy for defrauding the EMSD of salary payments totalling over $170,000 by using false attendance records.
Tang Chun-yiu, 60, former supervisor of Lucky Engineering Company Limited (LECL), earlier pleaded guilty to a charge of fraud, contrary to Section 16A of the Theft Ordinance.
In sentencing, Magistrate Ms Kelly Shui said the fraud committed by the defendant constituted a breach of trust and lasted a long period of time.
The magistrate said she reduced the starting point of one year in jail to seven months after taking into account various factors, including the defendant’s guilty plea, clear record and positive background report.
The case arose from a corruption complaint. Subsequent ICAC enquiries revealed the above offence.
The court heard that at the material time, the defendant was a supervisor of LECL, a contractor of the EMSD providing air-conditioning maintenance services at a number of municipal venues in the New Territories, including the Tuen Mun Town Hall (TMTH).
The defendant, who was posted to TMTH, was required to work on a shift basis and clock his own attendance cards when reporting on and off duty.
The court heard that on 141 days between January 4, 2014 and November 26, 2016 when the defendant was out of Hong Kong, his attendance cards were clocked by other technicians, purporting that he was on duty.
The attendance cards were then submitted to the EMSD as supporting documents for calculation of the defendant’s salary. As a result, the EMSD had overpaid LECL a total of over $172,000 in respect of his false attendance records.
Shum Chi-sun, 66, former technician of LECL, who was also charged by the ICAC for his role in the case, earlier pleaded guilty to one count of fraud. He was jailed for four weeks.
The EMSD had rendered full assistance to the ICAC during its investigation into the case.
The prosecution was today represented by prosecuting counsel Francis Lo, assisted by ICAC officers Kenny Lau and Alpha Chu.
Tang Chun-yiu, 60, former supervisor of Lucky Engineering Company Limited (LECL), earlier pleaded guilty to a charge of fraud, contrary to Section 16A of the Theft Ordinance.
In sentencing, Magistrate Ms Kelly Shui said the fraud committed by the defendant constituted a breach of trust and lasted a long period of time.
The magistrate said she reduced the starting point of one year in jail to seven months after taking into account various factors, including the defendant’s guilty plea, clear record and positive background report.
The case arose from a corruption complaint. Subsequent ICAC enquiries revealed the above offence.
The court heard that at the material time, the defendant was a supervisor of LECL, a contractor of the EMSD providing air-conditioning maintenance services at a number of municipal venues in the New Territories, including the Tuen Mun Town Hall (TMTH).
The defendant, who was posted to TMTH, was required to work on a shift basis and clock his own attendance cards when reporting on and off duty.
The court heard that on 141 days between January 4, 2014 and November 26, 2016 when the defendant was out of Hong Kong, his attendance cards were clocked by other technicians, purporting that he was on duty.
The attendance cards were then submitted to the EMSD as supporting documents for calculation of the defendant’s salary. As a result, the EMSD had overpaid LECL a total of over $172,000 in respect of his false attendance records.
Shum Chi-sun, 66, former technician of LECL, who was also charged by the ICAC for his role in the case, earlier pleaded guilty to one count of fraud. He was jailed for four weeks.
The EMSD had rendered full assistance to the ICAC during its investigation into the case.
The prosecution was today represented by prosecuting counsel Francis Lo, assisted by ICAC officers Kenny Lau and Alpha Chu.