Company owner jailed for 12 months for bribing property manager after re-trial
2002-1-14
A re-trial at the Eastern Court today (Monday) sent a proprietor of an engineering company to jail for 12 months for offering illegal rebates totalling $335,000 to a former chief estate manager over maintenance contracts at Taikoo Shing in Quarry Bay.
Tse Keung, 51, of Lik Hang Engineering Development Limited (Lik Hang), was found guilty of six counts of offering an advantage after a two-day re-trial last Friday.
Magistrate Mr Robert McNair said a 15-month starting point for the bribery offences was reduced to 12 months, taking into account the defendant's co-operation with the ICAC.
Tse was acquitted in the original trial in September 2000.
The prosecution applied for a review of the case on the ground that the trial judge had not considered that Tse was fully aware of the corrupt purpose of paying rebates.
The Eastern Court subsequently ordered a re-trial for the defendant in November 2000. Tse lodged an appeal against the decision at the High Court which subsequently rejected his appeal.
Tse then sought leave to appeal from the Court of Final Appeal. His application was rejected in October 2001, and the re-trial commenced in January 2002.
The court heard that Lik Hang was awarded by Taikoo Shing (Management) Limited (TSML), a wholly owned subsidiary of Swire Properties Limited, a $7.6 million maintenance contract of Taikoo Shing Phase II.
Tse met the then TSML chief estate manager, Sidney Charles Pinches, at a hotel, and agreed to pay three per cent of the contract value or about $210,000 as rebates for Pinches to show favour to Lik Hang in the performance of the contract.
Tse subsequently paid Pinches $100,000, $50,000 and $50,000 in cash on three separate occasions.
Tse also offered $50,000, $40,000 and $45,000 in cash on three other separate occasions to Pinches over the day-to-day maintenance works orders from TSML.
The offences took place between 1997 and December 1999.
Pinches had pleaded guilty to three counts of accepting bribes totalling about $310,000 from Tse, and was sentenced to six months’ imprisonment in February 2000. His sentence was reduced to three months following an appeal.
The prosecution was today represented by Senior Government Counsel Martin Hui, assisted by ICAC officer Kevin Cho.
Tse Keung, 51, of Lik Hang Engineering Development Limited (Lik Hang), was found guilty of six counts of offering an advantage after a two-day re-trial last Friday.
Magistrate Mr Robert McNair said a 15-month starting point for the bribery offences was reduced to 12 months, taking into account the defendant's co-operation with the ICAC.
Tse was acquitted in the original trial in September 2000.
The prosecution applied for a review of the case on the ground that the trial judge had not considered that Tse was fully aware of the corrupt purpose of paying rebates.
The Eastern Court subsequently ordered a re-trial for the defendant in November 2000. Tse lodged an appeal against the decision at the High Court which subsequently rejected his appeal.
Tse then sought leave to appeal from the Court of Final Appeal. His application was rejected in October 2001, and the re-trial commenced in January 2002.
The court heard that Lik Hang was awarded by Taikoo Shing (Management) Limited (TSML), a wholly owned subsidiary of Swire Properties Limited, a $7.6 million maintenance contract of Taikoo Shing Phase II.
Tse met the then TSML chief estate manager, Sidney Charles Pinches, at a hotel, and agreed to pay three per cent of the contract value or about $210,000 as rebates for Pinches to show favour to Lik Hang in the performance of the contract.
Tse subsequently paid Pinches $100,000, $50,000 and $50,000 in cash on three separate occasions.
Tse also offered $50,000, $40,000 and $45,000 in cash on three other separate occasions to Pinches over the day-to-day maintenance works orders from TSML.
The offences took place between 1997 and December 1999.
Pinches had pleaded guilty to three counts of accepting bribes totalling about $310,000 from Tse, and was sentenced to six months’ imprisonment in February 2000. His sentence was reduced to three months following an appeal.
The prosecution was today represented by Senior Government Counsel Martin Hui, assisted by ICAC officer Kevin Cho.