RTHK Chief Programme Officer found guilty of misconduct in public office

2002-10-16

A Chief Programme Officer of Radio Television Hong Kong (RTHK), charged by the ICAC, was today (Wednesday) convicted at Kowloon City Magistracy of misconduct by abusing his authority over staff salary increments.

Richard Tsang Yip-fat, 50, was found guilty on two counts of misconduct in public office, contrary to the Common Law.

Tsang was sentenced to four months' imprisonment, suspended for two years.

Magistrate Mr Albert Wong said the defendant had wilfully and intentionally committed misconduct offences by not following the rules in processing staff's salary increase.

The magistrate said such offences constituted a serious breach of trust as well as damaging the public's confidence in the civil service, and warranted a starting point of six months.

But the magistrate had taken into consideration the defendant's clear record and the fact that he had no personal gain in sentencing.

The charges stated that between March 1999 and December 2000, Tsang had wilfully and intentionally culpably misconducted himself in the course of or in relation to his public office by:

- approving a salary increase for two RTHK employees without complying with the required procedures for processing such an increase;

- instructing his subordinates to arrange for the salary increases to be falsely processed as a payment to freelance workers in the name of the two employees' relatives; and

- causing payments to be made to the said relatives by signing the relevant forms used by RTHK for payments of freelance workers.

The court heard that as a result, the two RTHK employees concerned had received extra payments totalling $16,640.

The prosecution was today represented by Peter Callaghan on a fiat, assisted by ICAC officer Andrew Lo.
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