Four jailed for illegal excavation of rocks from Tung Chung River
2005-5-3
Four persons, charged by the ICAC, were today (Tuesday) sentenced to jail terms up to two years at District Court for their respective roles in the illegal excavation of rocks from Tung Chung River.
Law Kam-fai, 63, chairman of Tung Chung Rural Committee (TCRC), received a jail term of two years, while Wong Yat-wah, 52, operator of Tung Po Engineering Company, was jailed for 20 months. Law and Wong were each ordered to pay a fine of $10,000.
Li Kwai-mo, 62, and Mok Kwong-ming, 65, respectively vice-chairman and secretary of TCRC, were each sentenced to 11 months' imprisonment.
In sentencing, Deputy Judge Andrew Chan Hing-wai reprimanded the defendants for committing the serious offences.
The judge said the fraudulent scheme, of which Law was the mastermind, had stricken at the heart of the law.
The judge added that had the scheme succeeded, it would have undermined the public's confidence in the legal system of Hong Kong.
Law and Wong were earlier found guilty on one count of conspiracy to defraud. They were also convicted of three other offences - conspiracy to steal, removal of stone from unleased land, and unauthorized excavations in unleased land.
Law, Li and Mok were convicted of one joint charge of conspiracy to pervert the course of public justice.
The ICAC earlier received a number of corruption complaints in connection with the illegal excavation of rocks from Tung Chung River. Subsequent inquiries revealed the above offences.
The court heard that Law and Wong had conspired to defraud the government, which, on discovering environmental hazard caused by the removal of boulders from Tung Chung River, had launched an inquiry.
The duo had falsely claimed that TCRC had instructed Wong to carry out a flood prevention project at particular sections of the river.
They also claimed that the dredging work carried out in the river was purely for the purpose of solving the flooding problem, and the rocks excavated from the river would be used for constructing a breakwater.
As a result of the false representations, the government was induced to delay taking action against the illegal excavation of rocks from the river.
The court also heard that Law, Li and Mok had conspired together and with other persons to falsely represent to the Police that Wong was authorized by TCRC during a committee meeting to excavate rocks from Tung Chung River.
Law and Wong, who had conspired to steal the river rocks belonging to the government, were also convicted of removing stones from unleased land without a permit, and maintaining excavations without a permit, respectively under Section 7(1) and Section 8(1 ) of the Land (Miscellaneous Provisions) Ordinance.
The above offences took place between August and December 2003.
The prosecution was today represented by Jenny Li, counsel on fiat, assisted by ICAC officer Daniel Li.
Law Kam-fai, 63, chairman of Tung Chung Rural Committee (TCRC), received a jail term of two years, while Wong Yat-wah, 52, operator of Tung Po Engineering Company, was jailed for 20 months. Law and Wong were each ordered to pay a fine of $10,000.
Li Kwai-mo, 62, and Mok Kwong-ming, 65, respectively vice-chairman and secretary of TCRC, were each sentenced to 11 months' imprisonment.
In sentencing, Deputy Judge Andrew Chan Hing-wai reprimanded the defendants for committing the serious offences.
The judge said the fraudulent scheme, of which Law was the mastermind, had stricken at the heart of the law.
The judge added that had the scheme succeeded, it would have undermined the public's confidence in the legal system of Hong Kong.
Law and Wong were earlier found guilty on one count of conspiracy to defraud. They were also convicted of three other offences - conspiracy to steal, removal of stone from unleased land, and unauthorized excavations in unleased land.
Law, Li and Mok were convicted of one joint charge of conspiracy to pervert the course of public justice.
The ICAC earlier received a number of corruption complaints in connection with the illegal excavation of rocks from Tung Chung River. Subsequent inquiries revealed the above offences.
The court heard that Law and Wong had conspired to defraud the government, which, on discovering environmental hazard caused by the removal of boulders from Tung Chung River, had launched an inquiry.
The duo had falsely claimed that TCRC had instructed Wong to carry out a flood prevention project at particular sections of the river.
They also claimed that the dredging work carried out in the river was purely for the purpose of solving the flooding problem, and the rocks excavated from the river would be used for constructing a breakwater.
As a result of the false representations, the government was induced to delay taking action against the illegal excavation of rocks from the river.
The court also heard that Law, Li and Mok had conspired together and with other persons to falsely represent to the Police that Wong was authorized by TCRC during a committee meeting to excavate rocks from Tung Chung River.
Law and Wong, who had conspired to steal the river rocks belonging to the government, were also convicted of removing stones from unleased land without a permit, and maintaining excavations without a permit, respectively under Section 7(1) and Section 8(1 ) of the Land (Miscellaneous Provisions) Ordinance.
The above offences took place between August and December 2003.
The prosecution was today represented by Jenny Li, counsel on fiat, assisted by ICAC officer Daniel Li.