Former Chief Property Manager has prison term increased to 2 1/2 years
2001-8-15
The Court of Appeal today (Wednesday) increased the prison term of a former Chief Property Manager of the Government Property Agency (GPA) convicted of misconduct over the awarding of government contracts from nine months to two-and-a-half years.
Shum Kwok-sher, 53, was found guilty of four Common Law offences of misconduct in public office at the District Court in December last year. He was then serving in the Rating and Valuation Department as a Principal Valuation Surveyor.
Shum yesterday appealed against his conviction while the Department of Justice also sought a review of his original sentence.
The Court of Appeal, comprising Mr Justice Stuart-Moore, Mr Justice Mayo and Mr Justice Woo, today ordered to increase Shum's jail term after dismissing his appeal yesterday.
The Court of Appeal ruled that it was a mistake to equate the offences to small-scale corruption, and the original nine-month term was "manifestly inadequate".
It also believed that although no bribery was involved, the case was "corruption" in the wider sense of the word.
The Court found that Shum had tilted the level playing field, which was important in the government tendering system, and that the damage cost to such system was incalculable.
It also said the scam was not an isolated incident, but was dishonestly practiced by the respondent who had shown no remorse at this stage.
Shum, while being employed by GPA, had dishonestly caused and permitted government property management contracts, worth over $157 million in total, be wrongly awarded to unqualified companies owned by his family members, and did not declare his conflicts of interest.
The offence occurred between August 1, 1994 and November 1, 1999.
The prosecution was today represented by Senior Assistant Director of Public Prosecutions Michael Blanchflower SC, assisted by ICAC officer Ricky Yau.
Shum Kwok-sher, 53, was found guilty of four Common Law offences of misconduct in public office at the District Court in December last year. He was then serving in the Rating and Valuation Department as a Principal Valuation Surveyor.
Shum yesterday appealed against his conviction while the Department of Justice also sought a review of his original sentence.
The Court of Appeal, comprising Mr Justice Stuart-Moore, Mr Justice Mayo and Mr Justice Woo, today ordered to increase Shum's jail term after dismissing his appeal yesterday.
The Court of Appeal ruled that it was a mistake to equate the offences to small-scale corruption, and the original nine-month term was "manifestly inadequate".
It also believed that although no bribery was involved, the case was "corruption" in the wider sense of the word.
The Court found that Shum had tilted the level playing field, which was important in the government tendering system, and that the damage cost to such system was incalculable.
It also said the scam was not an isolated incident, but was dishonestly practiced by the respondent who had shown no remorse at this stage.
Shum, while being employed by GPA, had dishonestly caused and permitted government property management contracts, worth over $157 million in total, be wrongly awarded to unqualified companies owned by his family members, and did not declare his conflicts of interest.
The offence occurred between August 1, 1994 and November 1, 1999.
The prosecution was today represented by Senior Assistant Director of Public Prosecutions Michael Blanchflower SC, assisted by ICAC officer Ricky Yau.