Land Inspector penalised for taking unauthorized loan over land resumption compensation

2004-6-2

A Land Inspector I of the Lands Department (LD) today (Wednesday) admitted at Fanling Magistracy that he had accepted a $120,000 unauthorized loan for assisting in a scam to deceive ex-gratia compensation for a land resumption exercise in the New Territor ies.

The court heard that had the claim been approved, LD would have been deceived into issuing ex-gratia payments totalling $2.1 million.

Man Sun-ming, 47, today pleaded guilty to one count of government servant accepting an advantage without the general or special permission of the Chief Executive, contrary to Section 3 of the Prevention of Bribery Ordinance (PBO).

Co-defendant Lai Hung-kei, 67, fish pond operator, pleaded guilty to one count of offering the bribe to Man whilst having dealings with the government through LD, contrary to Section 8(1) of PBO.

Man and Lai were each sentenced to four months' imprisonment, suspended for one year, by Magistrate Mr Anthony Kwok.

Lai's wife, Kan Yau-choi, 45, also charged in relation to the scam, pleaded guilty to one count of forgery in relation to 43 vouchers of a fishmonger, a rice shop and a fish fry company.

The magistrate adjourned sentencing to June 17, 2004, pending a community service order report, and remanded Kan in the custody of the Correctional Services Department.

In December 2001, District Lands Office/North (DLO/N) of LD commenced a land resumption programme near Shenzhen River. Under the programme, compensation were made to registered land owners, while ex-gratia payments would be granted to those fish farm ope rators whose properties were affected.

The court heard that in February 2002, Lai submitted to LD an application for ex-gratia payment, claiming that he was the operator of the five fish ponds affected by the land resumption programme.

Finding Lai's application doubtful, DLO/N requested Lai to provide further proof to support his claim.

Lai subsequently submitted various documents, purportedly issued by a fishmonger, a rice shop and a fish fry company, evidencing tenancy and rental agreements as well as business transactions in relation to the fish ponds in question.

The court heard that during two conversations monitored by the ICAC in June 2003, Man had given "advice" to Lai on how to deal with officers of DLO/N in pursuing his claim.

On June 24, 2003, Man went to the fish stall operated by Lai and collected $120,000 cash from him.

The defendants were arrested by the ICAC on June 27, 2003. When interviewed under caution, Man and Lai admitted the bribery offences.

Kan also admitted under caution that she had forged those documents which Lai had submitted to DLO/N.

The prosecution was today represented by Newman Wong on a fiat, assisted by ICAC officer Dragon Au.
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