Company directors and financial controller sentenced for $35m project scam

2003-2-18

Two directors and a financial controller of an audio and visual company were today (Tuesday) sentenced at District Court for conspiring to defraud the University of Hong Kong (HKU) in relation to the tendering of a $35 million project for the New Medical Complex of HKU.

Clara Chan Lai-wah, 33, director and shareholder of In-Concept International Limited (In-Concept), was sentenced to eight months’ imprisonment.

Tony Luk Wing-chi, 39, director and shareholder of In-Concept, and Marshall Ng Wai-sang, 39, financial controller of In-Concept, were respectively sentenced to 200 hours and 180 hours of community service.

The trio was earlier found guilty of one count of conspiracy to defraud HKU.

In sentencing, Deputy Judge Pang Chung-ping said an immediate jail term was meted out to Chan because she was the mastermind of the premeditated fraud and had shown no remorsefulness.

The judge remarked that the fraud had impaired the reputation of Hong Kong as a level playing field.

The judge also said two co-defendants were given community service orders in view of the minor roles they played in the fraud.

The court heard that in 1997, HKU began to build a New Medical Complex at Sassoon Road in Pokfulam. The construction of the complex was completed in early 2001.

In-Concept and another company, Media-Go Engineering Company Limited (Media-Go), were shortlisted to submit formal tenders for the design, supply and installation of audio visual facilities for the complex.

On July 18, 2001, Chan offered to Media-Go a $200,000 "consultancy fee" plus a $5 million purchase order for audio visual equipment in return for Media-Go to withdraw its tender.

A corruption complaint was made to the ICAC, alleging a company of offering a bribe to obtain the contract.

The court heard that Chan had suggested that Media-Go inflate its tendering price in order to ensure that In-Concept could secure the contract.

Luk and Ng met a shareholder and a director of Media-Go at a hotel in Mongkok, where Luk gave the director of Media-Go $50,000 being the initial payment of the "consultancy fee", as well as a set of draft tender documents and a floppy disk for him to fill in the relevant information.

In August 2001, In-Concept and Media-Go submitted their respective tenders of about $35 million and $39 million to the Tenders Board of HKU. As a result, In-Concept was awarded the contract.

The court heard that Chan told the shareholder of Media-Go that In-Concept would honour its promise by paying the remaining $150,000 and purchasing audio visual equipment from Media-Go.

HKU rendered full assistance and cooperation to the ICAC during its investigation into the case.

The prosecution was today represented by Susanna Ku on a fiat, assisted by ICAC officer James Law.
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