FSD officer gets 15 months for misconduct after re-trial
2006-6-19
A Divisional Officer of the Fire Services Department (FSD), charged by the ICAC for helping a fire service installation contractor (FSIC) cheat in the required FSD examinations, was today (Monday) sentenced to 15 months' imprisonment after a re-trial.
Cheng Chun-wai, 53, was earlier found guilty of two counts of misconduct in public office, contrary to Common Law.
In sentencing, Deputy Judge Ernest Lin said a custodial sentence was imposed on the defendant, as his offences were serious and constituted a breach of trust.
The judge added that the defendant's acts had abused the FSD's examination system for FSICs, and might jeopardize public safety.
The judge also dismissed Cheng's application for bail pending appeal.
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 a member of an interview board on several occasions since July 1996. He had copied a set of questions and model answers for FSIC examinations contained in a FSD confidential file and passed the information 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.
Cheng was earlier convicted of the same two offences, and sentenced to 18 months' imprisonment in December 2004.
He subsequently appealed to the Court of Appeal, which ordered a re-trial.
Cheng further appealed to the Court of Final Appeal against the re-trial order. His application was dismissed, and the re-trial took place last month at a magistracy.
The prosecution was today represented by Paul Loughran, counsel on fiat, assisted by ICAC officer Eddie Chan.
Cheng Chun-wai, 53, was earlier found guilty of two counts of misconduct in public office, contrary to Common Law.
In sentencing, Deputy Judge Ernest Lin said a custodial sentence was imposed on the defendant, as his offences were serious and constituted a breach of trust.
The judge added that the defendant's acts had abused the FSD's examination system for FSICs, and might jeopardize public safety.
The judge also dismissed Cheng's application for bail pending appeal.
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 a member of an interview board on several occasions since July 1996. He had copied a set of questions and model answers for FSIC examinations contained in a FSD confidential file and passed the information 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.
Cheng was earlier convicted of the same two offences, and sentenced to 18 months' imprisonment in December 2004.
He subsequently appealed to the Court of Appeal, which ordered a re-trial.
Cheng further appealed to the Court of Final Appeal against the re-trial order. His application was dismissed, and the re-trial took place last month at a magistracy.
The prosecution was today represented by Paul Loughran, counsel on fiat, assisted by ICAC officer Eddie Chan.