Teacher and laboratory technician sentenced for A-level exam tip-off
2000-10-18
The San Po Kong Court today (Wednesday) handed down community service orders to a teacher and a laboratory technician of a secondary school who tipped off students about the laboratory apparatus to be used in this year's Advanced Level physics practical e xaminations.
Sham Chor-wai, 42, Panel Physics Teacher of La Salle College (La Salle), and Leung Kwok-yuen, 41, Laboratory Technician of La Salle, were respectively ordered to perform 130 hours and 120 hours of community service.
Magistrate Mr Robert McNair said the offences committed by the defendants constituted a breach of trust, but community service was appropriate as they got no advantage.
The judge added that he had taken into account the defendants' good character and background in sentencing.
Sham was earlier found guilty of two offences in violation of the Hong Kong Examinations Authority Ordinance (HKEAO), while Leung was convicted on one such offence.
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 Hong Kong Advanced Level Examinations (HKALE).
The court heard that La Salle was one of the examination centers of HKALE Physics practical examination while the defendants were appointed by the Hong Kong Examinations Authority (HKEA) as the Center Examiner and the Laboratory Technician respectively.
This year's A-level Physics practical examination took place between April 25 and 27. 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.
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, 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 Danny Lo.
Sham Chor-wai, 42, Panel Physics Teacher of La Salle College (La Salle), and Leung Kwok-yuen, 41, Laboratory Technician of La Salle, were respectively ordered to perform 130 hours and 120 hours of community service.
Magistrate Mr Robert McNair said the offences committed by the defendants constituted a breach of trust, but community service was appropriate as they got no advantage.
The judge added that he had taken into account the defendants' good character and background in sentencing.
Sham was earlier found guilty of two offences in violation of the Hong Kong Examinations Authority Ordinance (HKEAO), while Leung was convicted on one such offence.
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 Hong Kong Advanced Level Examinations (HKALE).
The court heard that La Salle was one of the examination centers of HKALE Physics practical examination while the defendants were appointed by the Hong Kong Examinations Authority (HKEA) as the Center Examiner and the Laboratory Technician respectively.
This year's A-level Physics practical examination took place between April 25 and 27. 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.
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, 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 Danny Lo.