Teacher and laboratory technician guilty of A-level exam tip-off

2000-10-3

A teacher and a laboratory technician of a secondary school was found guilty at San Po Kong Court today (Tuesday) for tipping off their students about the laboratory apparatus to be used in this year's Advanced Level physics practical examinations.

The defendants were Sham Chor-wai, 42 and Leung Kwok-yuen, 41, respectively Panel Physics Teacher and Laboratory Technician of La Salle College (La Salle). Sham was found guilty on two offences in violation of the Hong Kong Examinations Authority Ordinan ce (HKEAO), while Leung was convicted on one such offence.

The court heard that the defendants had communicated to certain La Salle students the apparatus of the Hong Kong Advanced Level Examinations (HKALE), which had come to their knowledge in the exercise of their duty under the HKEAO as a Center Examiner and Laboratory Technician respectively for the said examination.

Magistrate Mr Robert McNair adjourned the case to October 18, 2000 for sentence, pending community service reports. The defendants were each granted bail of $5,000 in cash.

The case originated from a corruption complaint alleging that a teacher might have bribed a laboratory technician to facilitate unauthorized access to examination apparatus.

The corruption allegation was found to be unsubstantiated, but ICAC investigation revealed that the defendants had tipped off La Salle students about the laboratory apparatus used in this year's HKALE.

The court heard that La Salle was one of the examination centers of HKALE Physics practical examination while the defendants were appointed by HKEA as the Center Examiner and the Laboratory Technician respectively.

Prior to the examination, each center received from HKEA a list of the apparatus to be used.

HKEA required that all apparatus or documents should be kept confidential and should not be divulged to any unauthorized person before the end of the whole examination.

About 10 days before the practical examination, the apparatus supplied by HKEA would be delivered to the centers.

The Centre Examiners and Laboratory Technicians were required to check whether the apparatus were in order and in good conditions. But they were not allowed to disclose such apparatus to persons other than those involved in conducting the examination to preserve confidentiality and uphold the fairness of the public exam.

This year's A-level Physics practical examination took place between April 25 and 27.

The court heard that on April 17 this year, Sham showed and explained to students of the two Form 7 science classes about the use of the apparatus to be used in the practical examination at the school laboratory.

On the following day, both Sham and Leung demonstrated the use of such apparatus to the students, and allowed the students to conduct experiment exercises with the apparatus.

The court was also told that Sham, who was also a physics tutor of a private tutorial center named Hong Kong Students Association Limited (HKSAL), gave a lecture to some 200 students in his tutorial class on April 19 or 20 this year about the apparatus. He also brought along some samples and showed them to the class.

The prosecution was today represented by Government Counsel Gary Lam, assisted by ICAC officer Wong Tsz-mau.
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