Four charged by ICAC jailed for conspiracy to defraud over false COVID-19 jab records

2022-12-2

In the course of a corruption investigation, the ICAC had earlier revealed that a nurse formerly working at a Community Vaccination Centre (CVC) had made false representations about COVID-19 vaccine inoculation of six persons and assisted them in obtaining vaccination records. The nurse and a housewife earlier pleaded guilty to conspiracy to defraud while two others were found guilty after trial today. The four defendants today received jail terms ranging from two to six months at the Kwun Tong Magistrates’ Courts.

Carmen Ho Ka-man, 35, registered nurse, was jailed for six months, while Liu Hoi-yan, 43, housewife, was sentenced to two months’ imprisonment. The duo earlier pleaded guilty to one count of conspiracy to defraud, contrary to Common Law. Ho also admitted another similar charge.

Private tutor Cheng Nga-yi, 30, and former primary school teacher Cheng Sze-wai, 25, who jointly faced one of the charges with Ho, were found guilty today after trial. The duo were each sentenced to a jail term of three months.

In sentencing, Magistrate Miss Minnie Wat Lai-man reprimanded Carmen Ho Ka-man for her breach of trust. She said the offences committed by the defendants were serious in nature and they had breached the trust placed on medical professionals and the medical system from citizens. Their acts also caused adverse effect to public health and jeopardised the anti-epidemic efforts of the government, the magistrate noted, adding that deterrent custodial sentences were warranted.

In mid-January 2022, Quality HealthCare Medical Services Limited (QHMS) was appointed by the Government to operate a CVC at Kowloon Bay Sports Centre for inoculating qualified citizens with BioNTech vaccine in light of the COVID-19 epidemic situation in Hong Kong. After inoculation, citizens would be issued vaccination records. Starting from February 24, 2022, all persons aged 12 or above entering or remaining on specified premises are required to be vaccinated unless they are exempted.

The offences took place between January and late February 2022. At the material time, Ho was engaged by QHMS to work at the above CVC as part-time inoculation nurse and was assigned to perform her duty at one of the booths. To avoid any possible conflict of interest situation, QHMS prohibited any CVC nurse from providing vaccination service to her family members or friends.

The court heard that Liu Hoi-yan and Cheng Nga-yi are friends of Ho. They had separately told Ho their worries about the side effects of vaccination and the restricted access to a number of venues following the implementation of the Vaccine Pass arrangement. Ho then offered to issue vaccination records to Liu and her family members without actual inoculation, to which Liu Hoi-yan agreed.

On February 20, 2022, which was four days before the Vaccine Pass arrangement came into full implementation, the Lius and their domestic helper went to the above CVC and visited Ho’s booth. Ho issued vaccination records to them although they were not vaccinated. Ho also admitted that she had assisted the Chengs to obtain vaccination records by the same fraudulent means.

ICAC investigation revealed that supervisors of the CVC recovered a total of six syringes containing unused vaccine from the sharp box in Ho’s booth for placing used vaccine syringes after the visits of the Lius, the domestic helper and the Chengs.

Liu Hoi-yan’s parents, namely Liu Kwok-hung, 68; and Siu Hang-yee, 70; and the domestic helper Mary Ann Villeza Marcelo, 40, also jointly faced one of the above charges. The trio admitted the brief facts of the case and were imposed a 12-month bind over order at $2,000 each on July 14, 2022 after the prosecution offered no evidence to the charge against them.

The ICAC investigation arose from a corruption complaint. QHMS, the Department of Health and the Civil Service Bureau, which oversees the vaccination programme, had rendered full assistance to the ICAC during its investigation.

The prosecution was today represented by Senior Public Prosecutor Antony Leung, assisted by ICAC officer William Leung.
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