Woman sentenced for bribing public servants over niche application
2015-7-2
A woman, charged by the ICAC, was today (Thursday) sentenced at the Kowloon City Magistracy for having offered $23,300 in bribes to two government officials and used a false letter of identity in her application for a niche for her late grandmother.
Anita Lo Wai-yee, 70, was sentenced to a total of 12 months in jail, suspended for three years, by Deputy Magistrate Edward Wong Ching-yu.
In sentencing, the magistrate said the offences committed by the defendant were serious in nature. In view of her guilty plea, old age, and that she committed the offences out of filial piety for her late grandmother, a suspended sentence was imposed on her.
The defendant earlier pleaded guilty to three charges – two of offering an advantage to a public servant, contrary to Section 4(1)(a) of the Prevention of Bribery Ordinance, and one of using a false instrument, contrary to Section 73 of the Crimes Ordinance.
The court heard that at the material time, the defendant was applying to the Food and Environmental Hygiene Department (FEHD) for a niche for her deceased grandmother. To support her application, the defendant was required to apply to the Immigration Department (ImmD) for a documentary proof of the deceased’s identity as a Hong Kong resident.
On May 7, 2014, the defendant submitted to the ImmD an application for a Certificate of Registered Particulars in respect of a Deceased Person for her late grandmother.
A Clerical Officer of the ImmD later issued a letter to the defendant, informing her that there was no registration record of her grandmother kept by the ImmD.
On August 25, 2014, the Clerical Officer received from the defendant a letter attached with her signed personal cheque for $3,850 payable to the Clerical Officer.
In the letter, the defendant stated that the cheque was offered to the Clerical Officer for her assistance in searching for the records of her late grandmother, and that the amount of the cheque was equivalent to 10 times of the administrative fee for the application.
The court heard that on August 25, the defendant called an Assistant Venue Manager of the FEHD to request the extension of the deadline for submitting the niche application for her deceased grandmother.
In response, the Assistant Venue Manager rejected the request, and told the defendant that August 26 was the deadline for submission of the application as the allocation of niches by way of a computer ballot would take place on September 11, and the FEHD would need around two weeks to process all applications before the date of the ballot.
The defendant, however, said she had prepared a crossed cheque to express her gratitude for him. The Assistant Venue Manager then reported the incident to his supervisors the following day.
On August 27, the Assistant Venue Manager received an envelope with a signed personal cheque of the defendant for $19,450, of which only the surname of the Assistant Venue Manager was written as the payee. There was also a letter written by the defendant, which stated that the amount on the cheque was equivalent to five times of the application fee.
The court heard that on August 30, the defendant used a letter, purportedly issued by the Clerical Officer of the ImmD, stating that her grandmother was a holder of a Hong Kong Permanent Identity Card. But the Clerical Officer confirmed that she had never issued the letter.
The case arose from a corruption complaint referred by the FEHD. During its investigation, the ICAC had received full assistance from the FEHD and the ImmD.
The prosecution was today represented by Public Prosecutor Kasmine Hui, assisted by ICAC officer Patrick Yu.
Anita Lo Wai-yee, 70, was sentenced to a total of 12 months in jail, suspended for three years, by Deputy Magistrate Edward Wong Ching-yu.
In sentencing, the magistrate said the offences committed by the defendant were serious in nature. In view of her guilty plea, old age, and that she committed the offences out of filial piety for her late grandmother, a suspended sentence was imposed on her.
The defendant earlier pleaded guilty to three charges – two of offering an advantage to a public servant, contrary to Section 4(1)(a) of the Prevention of Bribery Ordinance, and one of using a false instrument, contrary to Section 73 of the Crimes Ordinance.
The court heard that at the material time, the defendant was applying to the Food and Environmental Hygiene Department (FEHD) for a niche for her deceased grandmother. To support her application, the defendant was required to apply to the Immigration Department (ImmD) for a documentary proof of the deceased’s identity as a Hong Kong resident.
On May 7, 2014, the defendant submitted to the ImmD an application for a Certificate of Registered Particulars in respect of a Deceased Person for her late grandmother.
A Clerical Officer of the ImmD later issued a letter to the defendant, informing her that there was no registration record of her grandmother kept by the ImmD.
On August 25, 2014, the Clerical Officer received from the defendant a letter attached with her signed personal cheque for $3,850 payable to the Clerical Officer.
In the letter, the defendant stated that the cheque was offered to the Clerical Officer for her assistance in searching for the records of her late grandmother, and that the amount of the cheque was equivalent to 10 times of the administrative fee for the application.
The court heard that on August 25, the defendant called an Assistant Venue Manager of the FEHD to request the extension of the deadline for submitting the niche application for her deceased grandmother.
In response, the Assistant Venue Manager rejected the request, and told the defendant that August 26 was the deadline for submission of the application as the allocation of niches by way of a computer ballot would take place on September 11, and the FEHD would need around two weeks to process all applications before the date of the ballot.
The defendant, however, said she had prepared a crossed cheque to express her gratitude for him. The Assistant Venue Manager then reported the incident to his supervisors the following day.
On August 27, the Assistant Venue Manager received an envelope with a signed personal cheque of the defendant for $19,450, of which only the surname of the Assistant Venue Manager was written as the payee. There was also a letter written by the defendant, which stated that the amount on the cheque was equivalent to five times of the application fee.
The court heard that on August 30, the defendant used a letter, purportedly issued by the Clerical Officer of the ImmD, stating that her grandmother was a holder of a Hong Kong Permanent Identity Card. But the Clerical Officer confirmed that she had never issued the letter.
The case arose from a corruption complaint referred by the FEHD. During its investigation, the ICAC had received full assistance from the FEHD and the ImmD.
The prosecution was today represented by Public Prosecutor Kasmine Hui, assisted by ICAC officer Patrick Yu.