Senior Education Department staff convicted of misconduct offences in awarding contracts
2002-8-16
Two Principal Inspectors of the Education Department (ED), charged by the ICAC, were today (Friday) given suspended sentences at Eastern Magistracy for misconduct in public office in awarding production contracts for various ED publications.
Mimi Ho Mi-mi, 52, was sentenced to nine months' imprisonment, suspended for two years, and fined $55,000; while Cheng Sai-man, also 52, was jailed for six months, suspended for two years, and fined $25,000.
Ho was today found guilty of four counts of misconduct in public office under the Common Law. She was further convicted of four other similar offences with Cheng.
In sentencing, Magistrate Mr John Glass said this case involved dishonesty since the defendants had wilfully, intentionally and culpably misconducted themselves in awarding production contracts.
The magistrate added that suspended sentences were handed down, taking into account that the defendants had their reputation tarnished, and might face serious disciplinary action.
Another defendant in the same case, Lau Ying-kit, 42, proprietor of CAX2 Limited (CAX2), a commercial design company, earlier pleaded guilty to seven counts of forgery by making false quotations of a number of companies to obtain $1,657,500 worth of ED's design and printing contracts.
The magistrate adjourned sentencing Lau until August 30, 2002, pending a background report. Lau was remanded in the custody of the Correctional Services Department.
The ICAC investigation arose from a corruption complaint alleging that the ED officers might have accepted bribes for awarding the department's printing contracts.
Ho alone was convicted of four counts of misconduct in public office. She had misconducted herself in the discharge of her duties by dishonestly doing a series of acts calculated to injure the public interest in respect of the award of Government contrac ts.
She had circumvented the Government tendering process by:
- deciding, prior to obtaining quotations from tenderers, to award the contracts to CAX2;
- failing to comply with Government Stores and Procurement Regulations by not inviting competing tenderers to separately provide independent quotations;
- requesting the proprietor of CAX2 to provide other competing quotations;
- causing the contracts to be awarded to CAX2 knowing that there had not been a proper tender process; and
- deceiving her colleagues into believing that a proper tender process had taken place.
Such contracts related to the design and production of CD-Roms and hard copies of various learning packages for primary students, and pamphlets on curriculum reforms for parents.
Ho and Cheng were jointly charged and convicted of four similar misconduct offences.
The offences took place between October 1, 1998 and April 30, 2001.
The prosecution was today represented by John McNamara on a fiat, assisted by ICAC officer Grace Yee.
Mimi Ho Mi-mi, 52, was sentenced to nine months' imprisonment, suspended for two years, and fined $55,000; while Cheng Sai-man, also 52, was jailed for six months, suspended for two years, and fined $25,000.
Ho was today found guilty of four counts of misconduct in public office under the Common Law. She was further convicted of four other similar offences with Cheng.
In sentencing, Magistrate Mr John Glass said this case involved dishonesty since the defendants had wilfully, intentionally and culpably misconducted themselves in awarding production contracts.
The magistrate added that suspended sentences were handed down, taking into account that the defendants had their reputation tarnished, and might face serious disciplinary action.
Another defendant in the same case, Lau Ying-kit, 42, proprietor of CAX2 Limited (CAX2), a commercial design company, earlier pleaded guilty to seven counts of forgery by making false quotations of a number of companies to obtain $1,657,500 worth of ED's design and printing contracts.
The magistrate adjourned sentencing Lau until August 30, 2002, pending a background report. Lau was remanded in the custody of the Correctional Services Department.
The ICAC investigation arose from a corruption complaint alleging that the ED officers might have accepted bribes for awarding the department's printing contracts.
Ho alone was convicted of four counts of misconduct in public office. She had misconducted herself in the discharge of her duties by dishonestly doing a series of acts calculated to injure the public interest in respect of the award of Government contrac ts.
She had circumvented the Government tendering process by:
- deciding, prior to obtaining quotations from tenderers, to award the contracts to CAX2;
- failing to comply with Government Stores and Procurement Regulations by not inviting competing tenderers to separately provide independent quotations;
- requesting the proprietor of CAX2 to provide other competing quotations;
- causing the contracts to be awarded to CAX2 knowing that there had not been a proper tender process; and
- deceiving her colleagues into believing that a proper tender process had taken place.
Such contracts related to the design and production of CD-Roms and hard copies of various learning packages for primary students, and pamphlets on curriculum reforms for parents.
Ho and Cheng were jointly charged and convicted of four similar misconduct offences.
The offences took place between October 1, 1998 and April 30, 2001.
The prosecution was today represented by John McNamara on a fiat, assisted by ICAC officer Grace Yee.