FSD officer guilty of misconduct after re-trial
2006-5-29
A Divisional Officer of the Fire Services Department (FSD), charged by the ICAC, was today (Monday) convicted after a re-trial for helping a fire service installation contractor (FSIC) cheat in the required FSD examinations.
Cheng Chun-wai, 53, was today found guilty of two counts of misconduct in public office, contrary to Common Law.
Magistrate Mr Ernest Lin adjourned sentencing to June 19, 2006, pending community service order and background reports. The defendant was remanded in jail custody.
Cheng had earlier been convicted of the two offences and sentenced to 18 months' imprisonment in December 2004.
He was then allowed bail, pending his appeal to the Court of Appeal. As a result, a re-trial was ordered.
Cheng subsequently applied for a certificate to appeal to the Court of Final Appeal against the re-trial order. His application was dismissed, and a re-trial took place earlier this month.
The court heard that at the time of the offences, Cheng was an Acting Divisional Officer of FSD. In 1996, Cheng came to know a fire service installation contractor.
In July 1997, Cheng was appointed by FSD as a marker for the Class 3 FSIC written examination, in which the above contractor had participated.
Noticing that the contractor had scored badly in the examination, Cheng withdrew the answer book submitted by the contractor and replaced it with a different one presumably containing qualified answers.
Cheng also allowed the contractor to view the fire extinguishing equipment in respect of which questions would be asked in an interview.
As a result, the contractor successfully "passed" the written examination and the interview, and was registered as a Class 3 FSIC in November 1997.
The court heard that Cheng was also appointed as an interview board member on several occasions since July 1996. Hence, Cheng had copied a set of questions and model answers for FSIC examinations contained in a FSD confidential file and passed the inform ation to the contractor.
Cheng was aware that the contractor would supply the set of questions and model answers to other unauthorized persons, who were also applicants for registration as Class 3 FSICs, the court was told.
The prosecution was today represented by Paul Loughran, counsel on fiat, assisted by ICAC officer Dickens Wong.
Cheng Chun-wai, 53, was today found guilty of two counts of misconduct in public office, contrary to Common Law.
Magistrate Mr Ernest Lin adjourned sentencing to June 19, 2006, pending community service order and background reports. The defendant was remanded in jail custody.
Cheng had earlier been convicted of the two offences and sentenced to 18 months' imprisonment in December 2004.
He was then allowed bail, pending his appeal to the Court of Appeal. As a result, a re-trial was ordered.
Cheng subsequently applied for a certificate to appeal to the Court of Final Appeal against the re-trial order. His application was dismissed, and a re-trial took place earlier this month.
The court heard that at the time of the offences, Cheng was an Acting Divisional Officer of FSD. In 1996, Cheng came to know a fire service installation contractor.
In July 1997, Cheng was appointed by FSD as a marker for the Class 3 FSIC written examination, in which the above contractor had participated.
Noticing that the contractor had scored badly in the examination, Cheng withdrew the answer book submitted by the contractor and replaced it with a different one presumably containing qualified answers.
Cheng also allowed the contractor to view the fire extinguishing equipment in respect of which questions would be asked in an interview.
As a result, the contractor successfully "passed" the written examination and the interview, and was registered as a Class 3 FSIC in November 1997.
The court heard that Cheng was also appointed as an interview board member on several occasions since July 1996. Hence, Cheng had copied a set of questions and model answers for FSIC examinations contained in a FSD confidential file and passed the inform ation to the contractor.
Cheng was aware that the contractor would supply the set of questions and model answers to other unauthorized persons, who were also applicants for registration as Class 3 FSICs, the court was told.
The prosecution was today represented by Paul Loughran, counsel on fiat, assisted by ICAC officer Dickens Wong.