Three-and-a-half years' jail for Airport Railway contractor
2000-9-19
The piling work contractor of the Airport Railway Hong Kong Station Northern Site project (Northern Site) was today (Tuesday) sentenced to three-and-a-half years' imprisonment at District Court for having instructed a number of persons to construct substa ndard bored piles at the site.
Hui Wai-chung, 38, proprietor of On Foundation Engineering Company (On Foundation), yesterday pleaded guilty to one count of conspiracy to defraud.
On Foundation was a piling contractor of the Northern Site project. The contract value for the bored pile works amounted to over $100 million.
Hui left Hong Kong before the ICAC investigation commenced. He was arrested by the Federal Bureau Investigator in New York on ICAC's behalf in May this year, and agreed to waive extradition proceedings and return to Hong Kong to face prosecution.
In sentencing, Judge Alan Wright said it was clear that the defendant was deeply involved in the conspiracy and the execution of the scam from the very outset.
The judge also noted that the conduct of the defendant on a project of this magnitude cast a shadow over the entire construction industry.
"The accused and those with whom he conspired acted with flagrant disregard for the safety of any subsequent construction on the site based on the defective bored piles and, in due course, to the safety of users of that building.
"The conduct placed in jeopardy not only the structure and those using it but also the reputation of Hong Kong," the judge said.
The court heard that Hui had conspired with shareholder of Pak Kee Transportation Company Limited Shek Kwok-wing, On Foundation superintendent Ng Chun-hing, engineer Kwok Chi-hung, foreman Leung Yee-tai and So Bor-shun, project manager of B+B Construction Company Limited Tam Tung-kee, engineer Wong Ka-wing and Cheng Siu-ming and others to defraud the developer and contractors of Northern Site over the foundation works of the site between May and November 1997.
The contractors were Central Waterfront Property Development Limited, Aoki Corporation and Bachy Soletanche Group Limited.
The court was told that Hui had dishonestly not constructed the bored piles for the foundation works of the Northern Site in accordance with the site plan approved by the Buildings Department, and caused the developer and contractors to pay for work not c ompleted in compliance with the plan.
It was later revealed that of the 87 bored piles constructed by On Foundation, 83 were one meter to 15 meters shorter than the prescribed length. Substantial reconstruction of the foundation, which ran into millions of dollars, had to be carried out subs equently.
Hui was also charged with one count of offering $50,000 in bribes to Wong Ka-wing in November 1997. The court yesterday ordered to leave this charge on file.
Apart from Hui, 12 other people, including an industrial diver, a surveyor, three engineers, one project manager, two foremen, a superintendent, a transportation company shareholder and two other subcontractors had been prosecuted in the piling scam, and all were convicted. They received prison terms ranging from one year to three years and eight months.
The prosecution was today represented by Senior Assistant Director of Public Prosecutions Kevin Zervos, assisted by ICAC officer Irene Kong.
Hui Wai-chung, 38, proprietor of On Foundation Engineering Company (On Foundation), yesterday pleaded guilty to one count of conspiracy to defraud.
On Foundation was a piling contractor of the Northern Site project. The contract value for the bored pile works amounted to over $100 million.
Hui left Hong Kong before the ICAC investigation commenced. He was arrested by the Federal Bureau Investigator in New York on ICAC's behalf in May this year, and agreed to waive extradition proceedings and return to Hong Kong to face prosecution.
In sentencing, Judge Alan Wright said it was clear that the defendant was deeply involved in the conspiracy and the execution of the scam from the very outset.
The judge also noted that the conduct of the defendant on a project of this magnitude cast a shadow over the entire construction industry.
"The accused and those with whom he conspired acted with flagrant disregard for the safety of any subsequent construction on the site based on the defective bored piles and, in due course, to the safety of users of that building.
"The conduct placed in jeopardy not only the structure and those using it but also the reputation of Hong Kong," the judge said.
The court heard that Hui had conspired with shareholder of Pak Kee Transportation Company Limited Shek Kwok-wing, On Foundation superintendent Ng Chun-hing, engineer Kwok Chi-hung, foreman Leung Yee-tai and So Bor-shun, project manager of B+B Construction Company Limited Tam Tung-kee, engineer Wong Ka-wing and Cheng Siu-ming and others to defraud the developer and contractors of Northern Site over the foundation works of the site between May and November 1997.
The contractors were Central Waterfront Property Development Limited, Aoki Corporation and Bachy Soletanche Group Limited.
The court was told that Hui had dishonestly not constructed the bored piles for the foundation works of the Northern Site in accordance with the site plan approved by the Buildings Department, and caused the developer and contractors to pay for work not c ompleted in compliance with the plan.
It was later revealed that of the 87 bored piles constructed by On Foundation, 83 were one meter to 15 meters shorter than the prescribed length. Substantial reconstruction of the foundation, which ran into millions of dollars, had to be carried out subs equently.
Hui was also charged with one count of offering $50,000 in bribes to Wong Ka-wing in November 1997. The court yesterday ordered to leave this charge on file.
Apart from Hui, 12 other people, including an industrial diver, a surveyor, three engineers, one project manager, two foremen, a superintendent, a transportation company shareholder and two other subcontractors had been prosecuted in the piling scam, and all were convicted. They received prison terms ranging from one year to three years and eight months.
The prosecution was today represented by Senior Assistant Director of Public Prosecutions Kevin Zervos, assisted by ICAC officer Irene Kong.