Former ICAC officer jailed for obtaining sick leaves by deceit
2006-2-17
A former officer of the Independent Commission Against Corruption (ICAC) was today (Friday) sentenced to 15 months' imprisonment at the District Court for obtaining sick leaves by deceit.
Deputy Judge Yau Chi-lap imposed the sentence on Susana Chan, 43, former Senior Investigator of the ICAC, after her pleading guilty to four counts of an agent using a document with intent to deceive her principal, contrary to Section 9(3) of the Preventio n of Bribery Ordinance.
In sentencing, the judge said as a Senior Investigator of the ICAC at the time of the offences, the defendant was expected to display a high degree of integrity and honesty.
The judge said the offences committed by the defendant constituted a breach of trust placed upon her by the ICAC, and that it was a pre-planned plot to deceive the ICAC.
The judge added that the starting point of two years and three months was reduced to 15 months, taking into account her guilty plea, as well as 18 years' service at the ICAC.
An ICAC spokesman said the court's ruling vindicated the ICAC's action in carrying out an internal investigation into suspected malingering of the defendant.
"The ICAC attaches great importance to the integrity of its officers," said the spokesman, "Misconduct or criminal offences involving ICAC staff will be seriously dealt with."
The defendant had earlier applied for a permanent stay of proceedings, which was dismissed by the court.
In rejecting her application, the judge said there was no evidence to support the defence assertion that the ICAC had acted in bad faith in bringing the prosecution, and that surveillance was a useful tool in detecting misconduct such as malingering.
The court heard that since October 28, 2002, the defendant had submitted to the ICAC various sick leave certificates, claiming that she was unfit to work due to back injury.
On November 28, 2002, the defendant came to be suspected of malingering by her superiors. Upon a decision of the senior directorate of the ICAC, a surveillance operation was mounted.
ICAC surveillance showed that the defendant conducted herself in a normal fashion, walking, meeting with friends and dining in restaurants, as well as driving.
The court heard that between October 28, 2002 and December 3 2003, the defendant had submitted a total of 20 sick leave certificates, claiming that she had sustained back injury while moving heavy boxes in the office.
As a result, she had caused the ICAC to grant her a total of 402 days' sick leave.
The defendant was interdicted for suspected malingering on December 3, 2003.
On February 25, 2004, the defendant was arrested for the alleged Section 9(3) PBO offences, and was subsequently charged.
The prosecution was today represented by David Fitzpatrick, counsel on fiat, assisted by ICAC officers Robert Pang and Rama Leung.
Deputy Judge Yau Chi-lap imposed the sentence on Susana Chan, 43, former Senior Investigator of the ICAC, after her pleading guilty to four counts of an agent using a document with intent to deceive her principal, contrary to Section 9(3) of the Preventio n of Bribery Ordinance.
In sentencing, the judge said as a Senior Investigator of the ICAC at the time of the offences, the defendant was expected to display a high degree of integrity and honesty.
The judge said the offences committed by the defendant constituted a breach of trust placed upon her by the ICAC, and that it was a pre-planned plot to deceive the ICAC.
The judge added that the starting point of two years and three months was reduced to 15 months, taking into account her guilty plea, as well as 18 years' service at the ICAC.
An ICAC spokesman said the court's ruling vindicated the ICAC's action in carrying out an internal investigation into suspected malingering of the defendant.
"The ICAC attaches great importance to the integrity of its officers," said the spokesman, "Misconduct or criminal offences involving ICAC staff will be seriously dealt with."
The defendant had earlier applied for a permanent stay of proceedings, which was dismissed by the court.
In rejecting her application, the judge said there was no evidence to support the defence assertion that the ICAC had acted in bad faith in bringing the prosecution, and that surveillance was a useful tool in detecting misconduct such as malingering.
The court heard that since October 28, 2002, the defendant had submitted to the ICAC various sick leave certificates, claiming that she was unfit to work due to back injury.
On November 28, 2002, the defendant came to be suspected of malingering by her superiors. Upon a decision of the senior directorate of the ICAC, a surveillance operation was mounted.
ICAC surveillance showed that the defendant conducted herself in a normal fashion, walking, meeting with friends and dining in restaurants, as well as driving.
The court heard that between October 28, 2002 and December 3 2003, the defendant had submitted a total of 20 sick leave certificates, claiming that she had sustained back injury while moving heavy boxes in the office.
As a result, she had caused the ICAC to grant her a total of 402 days' sick leave.
The defendant was interdicted for suspected malingering on December 3, 2003.
On February 25, 2004, the defendant was arrested for the alleged Section 9(3) PBO offences, and was subsequently charged.
The prosecution was today represented by David Fitzpatrick, counsel on fiat, assisted by ICAC officers Robert Pang and Rama Leung.