19 FEHD officers found guilty of perversion over hawker raids

2002-8-30

Nineteen serving Hawker Control Grade officers of the Food and Environmental Hygiene Department (FEHD), charged by the ICAC, were today (Friday) convicted at District Court of conspiracy to pervert the course of public justice in taking enforcement action against hawkers at Yan Oi Court in Kwun Tong.

Two Senior Hawker Control Officers (SHCOs), four Hawker Control Officers (HCOs) and 13 Assistant Hawker Control Officers (AHCOs), were found guilty of one joint charge of conspiracy to pervert the course of public justice.

Deputy Judge MacKintosh adjourned the case until September 12, 2002 for mitigation. The defendants were each granted cash bail of $10,000.

The defendants were Wong Shing-yim, 58, Yeung How-hang, 53, both SHCOs; Yung Hon-fui, 50, Tang Wai-keung, 50, Ip Hon-mo, 47, Cheung Tim-lam, 48, all HCOs; Tung Kwai-fuk, 41, Lau Kwong-fai, 34, Li Kwok-chuen, 40, Chan Wing-chi, 42, Chan Ho-kwong, 38, Yuen Wan-ip, 45, Kam Suk-fong, 38, Cheung Wing-chong, 47, Lau Shek-ping, 53, Chow Wing-cheong, 37, Chan Chi-shing, 41, Leung Hing-kwan, 48, and Liu Chi-cheung, 44, all AHCOs.

They were attached to the Kwun Tong District Hawkers Section of the then Urban Services Department at the time of the alleged offence.

The case arose from a referral from FEHD, which suspected that some Hawker Control Grade officers might have accepted bribes from hawkers at Yan Oi Court for not taking proper enforcement action. ICAC enquiries revealed the perversion offence.

The court heard that between May 1, 1997 and March 31, 1999, the defendants participated in a scheme in which a predetermined number of designated hawkers would be arrested each day at Yan Oi Court, Kwun Tong, and itinerant licensed hawkers were being arr ested in substitution for unlicensed hawkers.

Under the arrangement, the defendants nominated an officer not involved in the enforcement action to act as the "arresting officer", and completed records of items seized from arrested hawkers knowing the records were inaccurate.

The court also heard that the hawkers turned up according to an agreed "duty roster", and brought with them "prop handcarts" for the arrests. All hawkers operating on that day would share the costs for paying fines.

The ICAC received full co-operation and assistance from FEHD throughout its investigation.

The prosecution was today represented by Michael Delaney on a fiat, assisted by ICAC officer Patrick Tang.
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