Ex-Housing Department Architect and two subcontractors jailed for bribery over Fanling and Tin Shui Wai projects
2002-3-6
A former Architect of the Housing Department (HD) and two subcontractors today (Wednesday) received jail sentences up to five and a half years for bribery offences in relation to two development projects in Fanling and Tin Shui Wai.
Former HD Architect Barry Tang Hoi-on, 35, was jailed for five and a half years, which was to run concurrently with his present two-year prison term for a separate corruption case.
Andy Chan Shu-ming, 46, proprietor of Good Year Professional Services Company (Good Year), received an imprisonment of four years, while Chang Yu-lin, 58, director of Asian Growing Engineering Limited (AGE), was sentenced to three-and-a-half years' impris onment.
The three defendants were today found guilty of a total of six bribery offences.
In sentencing, Judge Line said the offences committed by the defendants were serious, though the case did not result in any safety hazards to the superstructures of the two development projects.
The judge also said the bribery acts were not acceptable, otherwise the corruption situation in Hong Kong's construction industry would deteriorate.
The judge added that as a professional architect, Tang had abused his authority and breached the trust placed in him by HD.
Paul Y-ITC General Contractors Limited (Paul Y) and Penta-Ocean Construction Limited were awarded Fanling Area 49A Phase 2 (Phase 2 project) and Tin Shui Wai Area 102 Phase 7 (Phase 7 project) by the Housing Authority.
Tang and his colleague Tjong Kee-ming were respectively the HD Architects responsible for the supervision of Phase 2 project and Phase 7 project.
The court heard that Chang agreed to offer five per cent of the total subcontract sum to Tang for helping AGE obtain the subcontract works in Phase 2 project. AGE was subsequently awarded three subcontracts worth $15.49 million by Paul Y to install carpa rk deck coating, penetration fire stop, and curtain wall.
Subsequently Chang had not paid the agreed sum to Tang after their relationship turned sour over the extravagant expenses on the entertainment.
The court also heard that Tang, Chan and Patrick Chan Ka-ning, salesman of 3M (Hong Kong) Limited, agreed to share the profits generated from the subcontracts awarded to either Tang or Patrick Chan at both projects.
After being awarded five subcontracts for prevention fire stop, window film, internal cladding, floor matting and light fiber, Tang, Chan and Patrick Chan shared the agreed profits of more than $100,000 each from these subcontracts.
After the relationship between Tang and Chang toured sour, Chan tried to secure two subcontracts worth about $20 million for Phase 7 project, and agreed to offer $2 million to Tjong for his assistance in obtaining the subcontracts.
Good Year was subsequently awarded $13.08 million worth of contracts for carpark deck coating and penetration fire prevention by Penta-Ocean.
Chang also separately agreed to pay Tang 10 per cent of the total contract sum for the fire prevention subcontract awarded to AGE.
Chang also agreed to offer Patrick Chan a monthly payment of $5,000 as a reward for him to inflate the prices of 3M materials quoted to AGE's competitors.
The offences took place between 1995 and April 2001.
The prosecution was today represented by Tony Schapel on a fiat, assisted by ICAC officer Kinny Chiu.
Former HD Architect Barry Tang Hoi-on, 35, was jailed for five and a half years, which was to run concurrently with his present two-year prison term for a separate corruption case.
Andy Chan Shu-ming, 46, proprietor of Good Year Professional Services Company (Good Year), received an imprisonment of four years, while Chang Yu-lin, 58, director of Asian Growing Engineering Limited (AGE), was sentenced to three-and-a-half years' impris onment.
The three defendants were today found guilty of a total of six bribery offences.
In sentencing, Judge Line said the offences committed by the defendants were serious, though the case did not result in any safety hazards to the superstructures of the two development projects.
The judge also said the bribery acts were not acceptable, otherwise the corruption situation in Hong Kong's construction industry would deteriorate.
The judge added that as a professional architect, Tang had abused his authority and breached the trust placed in him by HD.
Paul Y-ITC General Contractors Limited (Paul Y) and Penta-Ocean Construction Limited were awarded Fanling Area 49A Phase 2 (Phase 2 project) and Tin Shui Wai Area 102 Phase 7 (Phase 7 project) by the Housing Authority.
Tang and his colleague Tjong Kee-ming were respectively the HD Architects responsible for the supervision of Phase 2 project and Phase 7 project.
The court heard that Chang agreed to offer five per cent of the total subcontract sum to Tang for helping AGE obtain the subcontract works in Phase 2 project. AGE was subsequently awarded three subcontracts worth $15.49 million by Paul Y to install carpa rk deck coating, penetration fire stop, and curtain wall.
Subsequently Chang had not paid the agreed sum to Tang after their relationship turned sour over the extravagant expenses on the entertainment.
The court also heard that Tang, Chan and Patrick Chan Ka-ning, salesman of 3M (Hong Kong) Limited, agreed to share the profits generated from the subcontracts awarded to either Tang or Patrick Chan at both projects.
After being awarded five subcontracts for prevention fire stop, window film, internal cladding, floor matting and light fiber, Tang, Chan and Patrick Chan shared the agreed profits of more than $100,000 each from these subcontracts.
After the relationship between Tang and Chang toured sour, Chan tried to secure two subcontracts worth about $20 million for Phase 7 project, and agreed to offer $2 million to Tjong for his assistance in obtaining the subcontracts.
Good Year was subsequently awarded $13.08 million worth of contracts for carpark deck coating and penetration fire prevention by Penta-Ocean.
Chang also separately agreed to pay Tang 10 per cent of the total contract sum for the fire prevention subcontract awarded to AGE.
Chang also agreed to offer Patrick Chan a monthly payment of $5,000 as a reward for him to inflate the prices of 3M materials quoted to AGE's competitors.
The offences took place between 1995 and April 2001.
The prosecution was today represented by Tony Schapel on a fiat, assisted by ICAC officer Kinny Chiu.