Fifteen months' jail for couple convicted of $1m market stall scam
2001-11-9
A businessman and his wife who made about $1 million in illegal proceeds through the illicit transfer of market stall operating rights were each jailed for 15 months at District Court today (Friday).
Chan Shu-hung, 49, businessman, and his wife Sze Yuen-nau, 33, unemployed, were earlier found guilty on a total of six charges of conspiring with a number of hawkers to defraud the Urban Council and the Provisional Urban Council between 1996 and 1999.
The charges stated that the defendants had dishonestly deceived Urban Service Department (USD) officers into granting a fixed pitch hawker licence and the tenancies of market stalls to some hawkers by concealing from the officers that the hawkers had sold their rights to carry on business at the stalls to the couple, contrary to the terms of the licence and tenancy conditions.
The market stalls concerned were respectively located at Tung Choi Street, Ngau Tau Kok Market, Tai Shing Street Market and Lai Wan Market.
In sentencing, Deputy Judge Law reprimanded the defendants for causing injustice by tampering with the Compulsory Deletion Policy and the right of the public to rent and operate market stalls under a fair and open competition, adding that custodial senten ces were warranted.
The ICAC commenced investigation after receiving a complaint alleging that some USD officers might have corruptly approved market stall tenancy. The corruption allegation against government officers was subsequently found to be unsubstantiated.
Under the Compulsory Deletion Policy, hawkers could either surrender their licences for a payment of $30,000, or they could select a vacant fixed pitch or market stall. The options are not transferable and likewise, the tenancy of the market stall.
The court heard that between 1996 and 1999, the defendants had purchased from seven hawkers their market stalls at $50,000 to $120,000 each.
Without the knowledge of USD, the couple then sublet the stalls at $20,000 to $300,000 each per year, making illegal profits amounting to $1 million.
Meanwhile, nine hawkers were earlier convicted in relation to the investigation and sentenced to suspended jail terms or fines for the offences.
The prosecution was today represented by Charles Chan on a fiat, assisted by ICAC officer Remus Lau.
Chan Shu-hung, 49, businessman, and his wife Sze Yuen-nau, 33, unemployed, were earlier found guilty on a total of six charges of conspiring with a number of hawkers to defraud the Urban Council and the Provisional Urban Council between 1996 and 1999.
The charges stated that the defendants had dishonestly deceived Urban Service Department (USD) officers into granting a fixed pitch hawker licence and the tenancies of market stalls to some hawkers by concealing from the officers that the hawkers had sold their rights to carry on business at the stalls to the couple, contrary to the terms of the licence and tenancy conditions.
The market stalls concerned were respectively located at Tung Choi Street, Ngau Tau Kok Market, Tai Shing Street Market and Lai Wan Market.
In sentencing, Deputy Judge Law reprimanded the defendants for causing injustice by tampering with the Compulsory Deletion Policy and the right of the public to rent and operate market stalls under a fair and open competition, adding that custodial senten ces were warranted.
The ICAC commenced investigation after receiving a complaint alleging that some USD officers might have corruptly approved market stall tenancy. The corruption allegation against government officers was subsequently found to be unsubstantiated.
Under the Compulsory Deletion Policy, hawkers could either surrender their licences for a payment of $30,000, or they could select a vacant fixed pitch or market stall. The options are not transferable and likewise, the tenancy of the market stall.
The court heard that between 1996 and 1999, the defendants had purchased from seven hawkers their market stalls at $50,000 to $120,000 each.
Without the knowledge of USD, the couple then sublet the stalls at $20,000 to $300,000 each per year, making illegal profits amounting to $1 million.
Meanwhile, nine hawkers were earlier convicted in relation to the investigation and sentenced to suspended jail terms or fines for the offences.
The prosecution was today represented by Charles Chan on a fiat, assisted by ICAC officer Remus Lau.