EMSD officer and subcontractor jailed for bribery and misconduct
2006-1-6
An officer of the Electrical and Mechanical Services Department (EMSD) and a subcontractor, charged by the ICAC, were today (Friday) sentenced at District Court for bribery in relation to the subcontracting of EMSD air-conditioning maintenance works.
Tso Moon-tong, 51, Acting Assistant Air-conditioning Inspector of EMSD, received a jail term of 36 months, while Sham Chung-pak, 55, operator of ProSense Engineering Company (ProSense), was jailed for 21 months.
In sentencing, Deputy Judge Timothy Casewell said it was unacceptable for Tso, as a civil servant, to commit the misconduct offence.
The judge also reprimanded Sham for shaming the construction sector.
Tso had earlier pleaded guilty to two counts of prescribed officer accepting an advantage. He was also convicted on three offences after trial –'96 misconduct in public office, prescribed officer soliciting an advantage, and blackmail.
Sham was found guilty on one count of conspiracy to offer advantages to a prescribed officer, and one of aiding and abetting Tso in committing the misconduct offence.
ProSense was a subcontractor of Winston Air-Conditioning & Engineering (Hong Kong) Company Limited (Winston). Winston was earlier awarded an EMSD biennial contract worth $17 million for the maintenance of unattended air conditioning installation for muni cipal venues in Kowloon.
The court heard that between October 2003 and February 2004, Tso, aided and abetted by Sham, had intentionally misconducted himself in respect of the EMSD contract.
Tso had showed improper partiality towards ProSense by exerting pressure on an assistant services manager of Winston to subcontract to ProSence maintenance works under the contract.
Tso also made arrangements for ProSense to further subcontract the maintenance works to Chun Hing Engineering Company, in which Tso had an interest.
The court also heard that in December 2003, Tso intimidated the assistant services manager of Winston to subcontract the maintenance works to ProSense.
On separate occasions between September 2003 and January 2004, Tso accepted two loans totalling $50,000, and solicited $100,000 from two other subcontractors, without the general or special permission of the Chief Executive.
Sham had conspired with his business partner to offer monthly payments of $20,000 to Tso, whilst having dealings with the Hong Kong Government through EMSD, the court was told.
The prosecution was today represented by Jonathan Acton-Bond, counsel on fiat, assisted by ICAC officer Heath Cheung.
Tso Moon-tong, 51, Acting Assistant Air-conditioning Inspector of EMSD, received a jail term of 36 months, while Sham Chung-pak, 55, operator of ProSense Engineering Company (ProSense), was jailed for 21 months.
In sentencing, Deputy Judge Timothy Casewell said it was unacceptable for Tso, as a civil servant, to commit the misconduct offence.
The judge also reprimanded Sham for shaming the construction sector.
Tso had earlier pleaded guilty to two counts of prescribed officer accepting an advantage. He was also convicted on three offences after trial –'96 misconduct in public office, prescribed officer soliciting an advantage, and blackmail.
Sham was found guilty on one count of conspiracy to offer advantages to a prescribed officer, and one of aiding and abetting Tso in committing the misconduct offence.
ProSense was a subcontractor of Winston Air-Conditioning & Engineering (Hong Kong) Company Limited (Winston). Winston was earlier awarded an EMSD biennial contract worth $17 million for the maintenance of unattended air conditioning installation for muni cipal venues in Kowloon.
The court heard that between October 2003 and February 2004, Tso, aided and abetted by Sham, had intentionally misconducted himself in respect of the EMSD contract.
Tso had showed improper partiality towards ProSense by exerting pressure on an assistant services manager of Winston to subcontract to ProSence maintenance works under the contract.
Tso also made arrangements for ProSense to further subcontract the maintenance works to Chun Hing Engineering Company, in which Tso had an interest.
The court also heard that in December 2003, Tso intimidated the assistant services manager of Winston to subcontract the maintenance works to ProSense.
On separate occasions between September 2003 and January 2004, Tso accepted two loans totalling $50,000, and solicited $100,000 from two other subcontractors, without the general or special permission of the Chief Executive.
Sham had conspired with his business partner to offer monthly payments of $20,000 to Tso, whilst having dealings with the Hong Kong Government through EMSD, the court was told.
The prosecution was today represented by Jonathan Acton-Bond, counsel on fiat, assisted by ICAC officer Heath Cheung.