Eight months' jail for issuing over 650 false sick leave certificates
2015-6-22
A Chinese medicine practitioner (CMP), charged by the ICAC, was today (Monday) sentenced to eight months’ imprisonment at the Fanling Magistracy for issuing 652 false sick leave certificates to 14 then staff members of the Department of Health (DoH) or the Hong Kong Jockey Club (HKJC) so as to deceive sickness allowances and/or discretionary bonuses totalling about $92,000.
Chan Tung, 60, a registered CMP, earlier pleaded guilty to 14 counts of conspiracy to use false instruments, contrary to Sections 73 and 159A of the Crimes Ordinance, while the prosecution offered no evidence to four similar offences against him.
In sentencing, Magistrate Wong Wai-kuen reprimanded the defendant for undermining public confidence in Chinese medicine practitioners in Hong Kong, and bringing the sector into discredit.
The magistrate added that an immediate custodial sentence was imposed on the defendant as the offences committed by him were serious in nature, lasted a long period of time, and involved a large number of employees and sick leave certificates.
The cases arose from a corruption complaint. Subsequent ICAC enquiries revealed the above offences.
The court heard that at the material time, the defendant was a registered CMP practising at Tung Yan Chinese Medicine Company in Tai Po.
Between November 2010 and April 2013, the defendant sold a total of 652 certificates for sick leave signed by him to 14 persons, including three then health surveillance assistants (HSAs) of the DoH and 11 then telebet services assistants (TSAs) of the HKJC.
Without conducting any medical consultation, the defendant accepted “orders” for certificates of sick leave being placed by phone or through telephone text messages, the court heard.
Afterwards, he delivered certificates of sick leave to his “customers” in the vicinity of MTR Tai Po Market Station or the podium of a public housing estate in Tai Po.
By selling the certificates of sick leave at $30 each, the defendant obtained $19,560 in total.
As a result of the conspiracies, the DoH was induced to grant sickness allowances totalling over $30,200 to those HSAs, while the HKJC was induced to grant those TSAs sickness allowances and/or discretionary bonuses totalling about $62,000, the court was told.
The three HSAs and 11 TSAs, who were also charged by the ICAC for their roles in the scams, earlier pleaded guilty to multiple counts of using false instruments. The HSAs and TSAs had their cases adjourned to July 28 and August 10 for mention respectively.
The DoH and the HKJC had rendered full assistance to the ICAC during its investigation.
The prosecution was today represented by Public Prosecutor Kasmine Hui, assisted by ICAC officer Patrick Yu.
Chan Tung, 60, a registered CMP, earlier pleaded guilty to 14 counts of conspiracy to use false instruments, contrary to Sections 73 and 159A of the Crimes Ordinance, while the prosecution offered no evidence to four similar offences against him.
In sentencing, Magistrate Wong Wai-kuen reprimanded the defendant for undermining public confidence in Chinese medicine practitioners in Hong Kong, and bringing the sector into discredit.
The magistrate added that an immediate custodial sentence was imposed on the defendant as the offences committed by him were serious in nature, lasted a long period of time, and involved a large number of employees and sick leave certificates.
The cases arose from a corruption complaint. Subsequent ICAC enquiries revealed the above offences.
The court heard that at the material time, the defendant was a registered CMP practising at Tung Yan Chinese Medicine Company in Tai Po.
Between November 2010 and April 2013, the defendant sold a total of 652 certificates for sick leave signed by him to 14 persons, including three then health surveillance assistants (HSAs) of the DoH and 11 then telebet services assistants (TSAs) of the HKJC.
Without conducting any medical consultation, the defendant accepted “orders” for certificates of sick leave being placed by phone or through telephone text messages, the court heard.
Afterwards, he delivered certificates of sick leave to his “customers” in the vicinity of MTR Tai Po Market Station or the podium of a public housing estate in Tai Po.
By selling the certificates of sick leave at $30 each, the defendant obtained $19,560 in total.
As a result of the conspiracies, the DoH was induced to grant sickness allowances totalling over $30,200 to those HSAs, while the HKJC was induced to grant those TSAs sickness allowances and/or discretionary bonuses totalling about $62,000, the court was told.
The three HSAs and 11 TSAs, who were also charged by the ICAC for their roles in the scams, earlier pleaded guilty to multiple counts of using false instruments. The HSAs and TSAs had their cases adjourned to July 28 and August 10 for mention respectively.
The DoH and the HKJC had rendered full assistance to the ICAC during its investigation.
The prosecution was today represented by Public Prosecutor Kasmine Hui, assisted by ICAC officer Patrick Yu.