Ex-ArchSD engineer using documents with false statements over $940,000 government housing allowance charged with POBO offences
2022-10-19
A former Senior Building Services Engineer of the Architectural Services Department (ArchSD) was charged by the ICAC today (October 19) with offences under the anti-bribery law for allegedly using application documents containing false statements that he did not have a financial interest in a leased property to deceitfully obtain Government housing allowance totalling over $940,000.
Cheng Wai-hung, 64, faces three counts of agent using a document with intent to deceive his principal, contrary to Section 9(3) the Prevention of Bribery Ordinance. He was released on ICAC bail, pending his appearance in the Eastern Magistrates’ Courts on Friday (October 21) for transferring the case to the District Court.
The ICAC investigation arose from a corruption complaint received in 2019. Upon completion of the investigation, legal advice was sought from the Department of Justice. Pursuant to the legal advice, the defendant was charged today.
The alleged offences took place between October 1989 and October 1995. In April 1990, the defendant was seconded from the Electrical and Mechanical Services Department (EMSD) to the ArchSD as Building Services Engineer. He was promoted to Senior Building Services Engineer in January 1995.
At the material time, the defendant was entitled to apply for the Private Tenancy Allowance (PTA) provided by the Government. The Civil Service Regulations stipulated that an officer shall not claim PTA in respect of accommodation in which the officer or his relative had a financial interest.
The charges allege that the defendant, with intent to deceive the Government, used three Applications for PTA in relation to a leased property in Chai Wan to mislead the Government. The three Applications allegedly contained false statements declaring that the defendant did not have a financial interest in the leased property.
Under Section 9(3) of the POBO, it is an offence for an agent, with intent to deceive his principal, to use a document containing a false statement. An agent could be an employee, and his employer would be his principal.
ICAC investigation revealed that the defendant was the de facto owner of the leased property all along, but he arranged his colleague and relative to hold it through a company in order to conceal his ownership.
Had the Government known that the Applications contained statements which were false, it would not have granted the defendant with PTA totalling over $940,000 for the abovementioned period.
The ArchSD, EMSD and Treasury have rendered full assistance to the ICAC during its investigation into the case.
Cheng Wai-hung, 64, faces three counts of agent using a document with intent to deceive his principal, contrary to Section 9(3) the Prevention of Bribery Ordinance. He was released on ICAC bail, pending his appearance in the Eastern Magistrates’ Courts on Friday (October 21) for transferring the case to the District Court.
The ICAC investigation arose from a corruption complaint received in 2019. Upon completion of the investigation, legal advice was sought from the Department of Justice. Pursuant to the legal advice, the defendant was charged today.
The alleged offences took place between October 1989 and October 1995. In April 1990, the defendant was seconded from the Electrical and Mechanical Services Department (EMSD) to the ArchSD as Building Services Engineer. He was promoted to Senior Building Services Engineer in January 1995.
At the material time, the defendant was entitled to apply for the Private Tenancy Allowance (PTA) provided by the Government. The Civil Service Regulations stipulated that an officer shall not claim PTA in respect of accommodation in which the officer or his relative had a financial interest.
The charges allege that the defendant, with intent to deceive the Government, used three Applications for PTA in relation to a leased property in Chai Wan to mislead the Government. The three Applications allegedly contained false statements declaring that the defendant did not have a financial interest in the leased property.
Under Section 9(3) of the POBO, it is an offence for an agent, with intent to deceive his principal, to use a document containing a false statement. An agent could be an employee, and his employer would be his principal.
ICAC investigation revealed that the defendant was the de facto owner of the leased property all along, but he arranged his colleague and relative to hold it through a company in order to conceal his ownership.
Had the Government known that the Applications contained statements which were false, it would not have granted the defendant with PTA totalling over $940,000 for the abovementioned period.
The ArchSD, EMSD and Treasury have rendered full assistance to the ICAC during its investigation into the case.