Gully team foreman gets six months for fraud

2000-11-3

A foreman of a nightshift gully emptying team of the Food and Environmental Hygiene Department (FEHD) was sentenced to six months' imprisonment at North Kowloon Court today (Friday) for conspiring with his colleagues to defraud the government with falsifi ed work records.

Leung Yick-wai, 50, was earlier found guilty of one count of conspiring with drivers Man Sai-kwong, Lee Yau-fai and Cheung Yee-kwong to defraud the Hong Kong Government between June 1, 1998 and January 26 last year.

He had falsely represented that gully emptying duties were carried out in accordance with the work procedures of the FEHD, previously known as the Urban Services Department (USD).

In sentencing, Magistrate Mr Anthony Kwok Kai-on said an immediate custodial sentence was imposed as the offence constituted a breach of trust instead of mere laziness.

The magistrate added that the defendant's act was a serious dereliction of duty, and had affected the conditions of public hygiene.

The court heard that Leung was in charge of one of the gully emptying teams.

During most duty nights, Leung idled at the Sai Yee Street Depot of the then Urban Services Department in Mong Kok.

Instead of supervising the gully cleansing work, Leung instructed the drivers to make superficial journeys unconnected with his duty, and to fill up the gully emptier with tap water.

After discharging the tap water at the West Kowloon Refuse Transfer Station, the drivers made false entries on the vehicle log book.

Leung signed on the log book to certify that the records were true.

Meanwhile, another FEHD foreman Fu Chung-wing who earlier pleaded guilty to one similar offence will be sentenced next Monday (November 6).

Both cases originated from a referral from the then Provisional Urban Council last year. ICAC enquiries revealed no evidence of corruption, but unearthed fraudulent practices of some gully emptying teams.

The prosecution was today represented by Cannise Chan on a fiat, assisted by ICAC officer Allen Ting.
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