FSD officer and 10 others face court for alleged misconduct and fraud
2004-6-15
A Divisional Officer of the Fire Services Department (FSD) and 10 other persons, charged by the ICAC for alleged offences of misconduct in public office and conspiracy to defraud respectively in relation to applications for registration as fire service in stallation contractors (FSICs) and certification of fire service installations, appeared in Kowloon City Magistracy today (Tuesday) in six separate cases.
The defendants were Cheng Chun-wai, 51, Divisional Officer of FSD; Li Yu-kun, 46, Leung Kai-pong, 36, Tang Wing-chuen, 45, Hung Siu-ping, 29, Lee Kim-man, 57, Tsoi Yui-nin, 61, Tsim Kwok-ping, 53, all FSICs; Eddy Chau Ping-wah, 43, Li Kong, 29, both elect rical engineers; and Tai Yuen-ming, 41, a licensed plumber.
The defendants pleaded not guilty to a total of 10 charges –'96 two of misconduct in public office and eight of conspiracy to defraud.
Magistrate Mr Colin MacKintosh adjourned the cases until July 13, 2004 for pre-trial reviews.
In the first case, Cheng faced two counts of misconduct in public office, contrary to the Common Law.
At the time of the alleged offences, Cheng was an Assistant Divisional Officer of FSD.
One of the misconduct charges alleged Cheng of wilfully and intentionally culpably misconducting himself by dishonestly assisting Li Yu-kun to obtain registration as a Class 3 FSIC.
Cheng was alleged to have dishonestly replaced the answer book submitted by Li Yu-kun in the written examination for such registration with an answer book containing different answers, and to have permitted Li to view the fire extinguishing equipment in r espect of which questions would be asked of Li in the practical test/interview for such registration.
The other misconduct charge alleged that Cheng had wilfully and intentionally culpably misconducted himself by dishonestly disclosing FSD's confidential information to Li Yu-kun, and permitting Li to continue to possess such confidential information and t o pass it onto other unauthorised persons.
In the second case, Li Yu-kun and Eddy Chau Ping-wah faced one joint charge of conspiring together and with other persons to defraud FSD.
The duo were alleged to have dishonestly represented to FSD that Chau and two other persons were full-time employees of an engineering company in its application for registration as a FSIC (Classes 1 and 2) under the Fire Service (Installation Contractors ) Regulations, and induced FSD to approve the application.
Also charged in the same case, Leung, Li Yu-kun and Tai faced a similar offence, while Tang, Li Yu-kun, Tai and Li Kong faced another similar charge.
In the third case, Chau faced two counts of conspiring with Li Yu-kun to defraud the Electrical and Mechanical Services Department in relation to the registration of Chau as a Registered Electrical Worker under the Electricity (Registration) Regulations.
In the fourth case, Lee, Li Yu-kun and Hung were jointly charged with one count of conspiracy to defraud FSD in relation to fire service installation work carried out by another engineering company.
Li Yu-kun and Tang further faced one count of conspiring together and with other persons to defraud the owners’ incorporation of an industrial centre, its employees and agents in relation to the tendering of fire service installations at the centre.
In the last case, Tsoi and Tsim faced one count of conspiring together and with Li Yu-kun and another person to defraud a metal manufacturing company in relation to the tendering of periodic inspection of electrical installations.
The alleged offences in the above six cases took place between July 1996 and April 2003.
Cheng Chun-wai and Li Yu-kun were each granted bail of $30,000 in cash, while the remaining defendants were granted cash bail ranging from $1,000 to $3,000. They were also ordered not to interfere with prosecution witnesses.
The prosecution was today represented by Senior Government Counsel Simon Tam, assisted by ICAC officer Dickens Wong.
The defendants were Cheng Chun-wai, 51, Divisional Officer of FSD; Li Yu-kun, 46, Leung Kai-pong, 36, Tang Wing-chuen, 45, Hung Siu-ping, 29, Lee Kim-man, 57, Tsoi Yui-nin, 61, Tsim Kwok-ping, 53, all FSICs; Eddy Chau Ping-wah, 43, Li Kong, 29, both elect rical engineers; and Tai Yuen-ming, 41, a licensed plumber.
The defendants pleaded not guilty to a total of 10 charges –'96 two of misconduct in public office and eight of conspiracy to defraud.
Magistrate Mr Colin MacKintosh adjourned the cases until July 13, 2004 for pre-trial reviews.
In the first case, Cheng faced two counts of misconduct in public office, contrary to the Common Law.
At the time of the alleged offences, Cheng was an Assistant Divisional Officer of FSD.
One of the misconduct charges alleged Cheng of wilfully and intentionally culpably misconducting himself by dishonestly assisting Li Yu-kun to obtain registration as a Class 3 FSIC.
Cheng was alleged to have dishonestly replaced the answer book submitted by Li Yu-kun in the written examination for such registration with an answer book containing different answers, and to have permitted Li to view the fire extinguishing equipment in r espect of which questions would be asked of Li in the practical test/interview for such registration.
The other misconduct charge alleged that Cheng had wilfully and intentionally culpably misconducted himself by dishonestly disclosing FSD's confidential information to Li Yu-kun, and permitting Li to continue to possess such confidential information and t o pass it onto other unauthorised persons.
In the second case, Li Yu-kun and Eddy Chau Ping-wah faced one joint charge of conspiring together and with other persons to defraud FSD.
The duo were alleged to have dishonestly represented to FSD that Chau and two other persons were full-time employees of an engineering company in its application for registration as a FSIC (Classes 1 and 2) under the Fire Service (Installation Contractors ) Regulations, and induced FSD to approve the application.
Also charged in the same case, Leung, Li Yu-kun and Tai faced a similar offence, while Tang, Li Yu-kun, Tai and Li Kong faced another similar charge.
In the third case, Chau faced two counts of conspiring with Li Yu-kun to defraud the Electrical and Mechanical Services Department in relation to the registration of Chau as a Registered Electrical Worker under the Electricity (Registration) Regulations.
In the fourth case, Lee, Li Yu-kun and Hung were jointly charged with one count of conspiracy to defraud FSD in relation to fire service installation work carried out by another engineering company.
Li Yu-kun and Tang further faced one count of conspiring together and with other persons to defraud the owners’ incorporation of an industrial centre, its employees and agents in relation to the tendering of fire service installations at the centre.
In the last case, Tsoi and Tsim faced one count of conspiring together and with Li Yu-kun and another person to defraud a metal manufacturing company in relation to the tendering of periodic inspection of electrical installations.
The alleged offences in the above six cases took place between July 1996 and April 2003.
Cheng Chun-wai and Li Yu-kun were each granted bail of $30,000 in cash, while the remaining defendants were granted cash bail ranging from $1,000 to $3,000. They were also ordered not to interfere with prosecution witnesses.
The prosecution was today represented by Senior Government Counsel Simon Tam, assisted by ICAC officer Dickens Wong.