EMSD officer and subcontractor charged for alleged bribery and misconduct

2004-10-15

An officer of the Electrical and Mechanical Services Department (EMSD) and a subcontractor were today (Friday) charged by the ICAC for alleged bribery in relation to the subcontracting of EMSD air-conditioning maintenance works, while the EMSD officer was further alleged of misconduct in public office and blackmail.

Tso Moon-tong, 49, Acting Assistant Air-conditioning Inspector of EMSD, and Sham Chung-pak, 54, operator of ProSense Engineering Company (ProSense), will appear in Kowloon City Magistracy at 9:30 am on Monday (October 18, 2004).

ProSense is a subcontractor of Winston Air-Conditioning & Engineering (Hong Kong) Company Limited (Winston).

Winston was earlier awarded an EMSD biennial contract for the maintenance of unattended air conditioning installation for municipal venues in Kowloon.

The defendants were arrested by the ICAC during a corruption inquiry in March this year.

Tso alone faces six charges, including two counts of prescribed officer accepting an advantage, one of prescribed officer soliciting an advantage, one of misconduct in public office, and two of blackmail.

Two of the charges allege Tso of having accepted two loans, totalling $50,000, from another subcontractor of EMSD, without the general or special permission of the Chief Executive.

Tso is also alleged to have solicited a $100,000 loan from a business partner of Sham, without the general or special permission of the Chief Executive.

The misconduct charge alleges that Tso, aided and abetted by Sham, had wilfully and intentionally culpably misconducted himself in respect of the EMSD contract subcontracted by Winston to Prosense.

Tso is alleged to have shown improper partiality towards ProSense, and made arrangements for ProSense to further subcontract the maintenance works under the said contract to Chun Hing Engineering Company, in which Tso had an interest.

Tso further faces two counts of blackmail, which allege him of making unwarranted demand of a subcontract in respect of the biennial contract from Winston with menaces.

Sham faces one count of having conspired with his business partner to offer monthly payments of $20,000 to Tso, whilst having dealings with the Hong Kong Government through EMSD.

Sham is further alleged of having aided and abetted Tso in committing the alleged misconduct offence.

The alleged offences took place between September 2003 and February 2004.

The defendants have been released on ICAC bail, pending their court appearances on Monday.
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