Shipyard operator admits making false documents for vessel licence applications

2015-9-17

An operator of a local shipyard, who was charged by the ICAC, admitted at the Eastern Magistracy today (Thursday) that he had made false documents to induce the Marine Department (MD) to accept the documents as genuine and approve related vessel licence applications.

Choi Man-kai, 52, operator of Shum Hing Shipyard (SHS), pleaded guilty to four counts of forgery, contrary to Section 71 of the Crimes Ordinance.

Principal Magistrate Ms Bina Chainrai adjourned the case until September 30 for sentence, pending a background report. The defendant was remanded in custody of the Correctional Services Department.

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

The court heard that after the Fisheries Protection (Amendment) Ordinance was enacted in 2012, all commercial fishing activities in Hong Kong waters could only be conducted by vessels registered with the Agriculture, Fisheries and Conservation Department.

Such a vessel must have a valid certificate of ownership and an operating licence or obtain an approval-in-principal letter issued by the MD before June 15, 2012.

To apply for a certificate of ownership and an operating licence, an applicant had to provide the MD with required documents, including the proof of purchase of a vessel, such as a service receipt (SR) or a builder’s certificate (BC) issued by a shipbuilder.

The court heard that at the material time, the defendant was the operator of SHS which engaged in vessel building business. SRs and BCs would be issued to buyers who purchased vessels from SHS.

On two occasions in 2013, a middleman visited the office of SHS and asked the defendant to issue two sets of SRs and BCs, which purported to show that two men had each purchased a fiberglass vessel at $56,000 from SHS.

After providing the defendant with the vessel specifications, the middleman told the defendant that the SRs and BCs would be used for applying vessel licences from the MD.

Although SHS did not sell any vessel to the middleman or the two men, the defendant made two sets of false SRs and BCs, and charged the middleman $400 for each set, the court heard.

On August 19 and 20, 2013, applications of the two men for certificates of ownership and operating licences, which enclosed the false SRs and BC concerned, were submitted to the MD respectively. The applications were subsequently approved.

Had the MD know that the documents concerned were false, it would not have recommended or approved the applications, the court was told.

The MD had rendered full assistance to the ICAC during its investigation.

The prosecution was today represented by ICAC officer Ricky Cheuk.
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