18 months' jail for FSD officer guilty of misconduct over contractor qualifying exams

2004-12-3

A Divisional Officer of the Fire Services Department (FSD), charged by the ICAC, was today (Friday) sentenced to 18 months' imprisonment at Kowloon City Magistracy for helping a fire service installation contractor (FSIC) cheat in the required FSD examina tions to become qualified.

Cheng Chun-wai, 52, was today found guilty of two counts of misconduct in public office, contrary to the Common Law.

In imposing the custodial sentence, Magistrate Mr Robert McNair said the offences committed by the defendant might jeopardize public safety.

The court heard that at the time of the offences, Cheng was an Assistant Divisional Officer of FSD. In 1996, Cheng came to know fire service installation contractor Li Yu-kun.

In July 1997, the defendant was appointed by FSD as a marker for the Class 3 FSIC written examination, in which Li had participated.

Noticing that Li had scored badly in the examination, Cheng withdrew the answer book submitted by Li and replaced it with a different one.

Cheng also permitted Li to view the fire extinguishing equipment in respect of which questions would be asked of Li in an interview.

As a result, Li successfully "passed" the written examination and the interview, and was registered as a Class 3 FSIC in November 1997.

The court heard Cheng was also appointed an interview board member since July 1996.

Cheng had copied a set of questions and model answers for FSIC examinations contained in a FSD confidential file and passed the information to Li.

Cheng was aware that Li would supply the set of questions and model answers to other unauthorized persons, who were applicants for registration as Class 3 FSICs.

The prosecution was today represented by Richard Donald, counsel on fiat, assisted by ICAC officer Dickens Wong.
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