ICAC officer charged for allegedly obtaining sick leave by deceit
2004-6-11
An officer of the Independent Commission Against Corruption (ICAC), charged for allegedly obtaining sick leave by deceit, appeared at the Eastern Magistracy this (Friday) morning.
Susana Chan, 42, Senior Investigator of the ICAC, was charged with one count of fraud, contrary to Section 16A(1) of the Theft Ordinance.
The charge alleged her of having, between November 29, 2002 and December 3, 2003, induced the Commissioner of ICAC to grant her sick leave and to pay her the monthly salary and all other allowances that she was entitled to under her contract of employment with the ICAC, by a deceit.
She was said to have falsely represented that she was unable to perform the duties of her employment, because she was suffering from a medical condition for which it was recommended that she be granted sick leave.
Chan also faced four alternative charges of an agent using a document with intent to deceive her principal, under Section 9(3) of the Prevention of Bribery Ordinance.
The alternative charges alleged her of using sick leave certificates containing false statements to mislead her principal in four different periods between December 2, 2002 and September 17, 2003.
These sick leave certificates were said to contain statements which were false, erroneous or defective that the defendant was recommended to be granted a total of 72 days' sick leave, as a consequence of the medical condition from which she was suffering and described on those certificates.
The case arose from an ICAC internal investigation, and charges were laid as a result of legal advice from the Department of Justice.
No plea was taken from the defendant. Magistrate Mr Ian Candy adjourned the case until July 2, 2004, pending transfer to the District Court.
The defendant was granted cash bail of $3,000. She was also ordered not to leave Hong Kong, and not to interfere with prosecution witnesses.
The prosecution was represented by Senior Government Counsel Winnie Ho, assisted by ICAC officer Frankie Yuen.
Susana Chan, 42, Senior Investigator of the ICAC, was charged with one count of fraud, contrary to Section 16A(1) of the Theft Ordinance.
The charge alleged her of having, between November 29, 2002 and December 3, 2003, induced the Commissioner of ICAC to grant her sick leave and to pay her the monthly salary and all other allowances that she was entitled to under her contract of employment with the ICAC, by a deceit.
She was said to have falsely represented that she was unable to perform the duties of her employment, because she was suffering from a medical condition for which it was recommended that she be granted sick leave.
Chan also faced four alternative charges of an agent using a document with intent to deceive her principal, under Section 9(3) of the Prevention of Bribery Ordinance.
The alternative charges alleged her of using sick leave certificates containing false statements to mislead her principal in four different periods between December 2, 2002 and September 17, 2003.
These sick leave certificates were said to contain statements which were false, erroneous or defective that the defendant was recommended to be granted a total of 72 days' sick leave, as a consequence of the medical condition from which she was suffering and described on those certificates.
The case arose from an ICAC internal investigation, and charges were laid as a result of legal advice from the Department of Justice.
No plea was taken from the defendant. Magistrate Mr Ian Candy adjourned the case until July 2, 2004, pending transfer to the District Court.
The defendant was granted cash bail of $3,000. She was also ordered not to leave Hong Kong, and not to interfere with prosecution witnesses.
The prosecution was represented by Senior Government Counsel Winnie Ho, assisted by ICAC officer Frankie Yuen.