Suspended jail sentence for ex-waiter feigning corrupt connection to cheat public housing applicants

2001-11-2

A former restaurant waiter, who faked "corrupt" connection with housing officials to cheat public housing applicants out of $72,000, was sentenced to six months' imprisonment, suspended for two years, at North Kowloon Court today (Friday).

Lam Shu-wai, 67, earlier pleaded guilty to six counts of obtaining property by deception.

Magistrate Mr Kevin Browne said the offences committed by the defendant were serious, but in view of his old age, guilty plea, willingness to return the money to victims as well as co-operation with the ICAC, a suspended jail sentence was imposed.

The court heard that Lam was a waiter at a restaurant in Shamshuipo when the offences took place between 1995 and 1996.

Cheng Tak-kwan, who was a regular customer of the restaurant, told the defendant that he had applied to the Housing Department (HD) for a unit in Un Chau Estate, Shamshuipo.

Lam claimed that he had a nephew working in HD, who could assist him in obtaining a unit of his choice for a reward of $25,000.

Cheng subsequently paid Lam $25,000 in total by three instalments.

Cheng also told his friend, Ng Kin-yee, who also applied for a public housing unit in the same estate, of Lam's proposal.

Ng later gave two cash payments of $10,000 and $15,000 to the defendant through Cheng.

Cheung Hin-shing, who also learnt about the arrangement, gave the defendant $22,000 through Cheng.

The court heard that Cheng, Ng and Cheung all were not allocated housing units in Un Chau Estate after paying the "bribes".

When Lam was arrested by the ICAC in July this year, he admitted in a cautioned interview that it was simply a con as he had no relative working in HD.

Lam also claimed that he had lost all the money he swindled at gambling in Macau.

The prosecution was today represented by ICAC officer Alan Kwok.
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