Nine sentenced for defrauding Judiciary Administration over false claims of guarding fees
2006-6-19
A general manager and eight former staff of a security company, charged by the ICAC, were today (Monday) sentenced at Tsuen Wan Magistracy for conspiring to defraud the Judiciary Administration by submitting false claims of fees for guarding distrained pr emises.
Cheung Moon, 44, major shareholder and general manager of Hong Kong District Security Limited (HKDSL), received a jail term of 12 months.
Yung Kwok-leung, 40, former security supervisor of HKDSL; Leung Wing-on, 41, former operations manager of HKDSL; Lam Tak-ho, 51, Fung Chun-wah, 60, Yeung Wai-ming, 64, and Lee Tai-sang, 49, all former security guards of HKDSL, were each jailed for four mo nths.
Lo Tat, 65, and Chuk Kin-biu, 56, both former security guards of HKDSL, were each sentenced to four months' imprisonment, suspended for 18 months.
Magistrate Mr Albert Wong said defrauding the government of public funds was a serious offence, adding that the defendants' acts might impair the public's confidence in the government.
Cheung, Lam, Fung, Yeung and Lee were today convicted of a joint charge of conspiracy to defraud the Judiciary Administration, while Yung, Leung, Lo and Chuk had earlier pleaded guilty to the same charge.
The case arose from a corruption complaint. Subsequent ICAC enquiries revealed the fraud offence.
The court heard that on September 15, 2003, the Bailiff New Territories Regional Office (BNTRO) of the Judiciary and HKDSL entered into a 24-month contract in relation to the guarding of distrained premises.
The contract stipulated that whenever a bailiff had successfully executed a distraint order, HKDSL was required to deploy three security guards to guard the premises on a 24-hour basis with each guard on an eight-hour shift. The guarding fee for one work ing day was $470, while the guarding fee for each shift was $157.
The court heard that since November 2003, Yung and Leung, with the consent of Cheung, had deployed only one security guard, instead of three stipulated in the contract, to man various distrained premises.
Lam, Fung, Yeung, Lo, Lee and Chuk admitted that they had left the distrained premises unattended at night time, but received wages for all three shifts.
In order to conceal the scam, Yung supplied staff numbers of dummy security guards for Lam, Fung, Yeung, Lo, Lee and Chuk to record in the duty logbooks, the court heard.
Yung admitted that he had also submitted false duty rosters, daily inspection reports and monthly inspection reports to BNTRO with the collusion of Lam, Fung, Yeung, Lo, Lee and Chuk.
The scam continued until January 2005 when the ICAC investigation turned overt.
Between November 1, 2003 and January 27, 2005, HKDSL paid Lam, Fung, Yeung, Lo, Lee and Chuk each a daily wage of $300 for performing guarding duties continuously for three shifts, although the guards left the premises unattended at night time, the court was told.
Co-defendant Wong Wing-hun, 64, former security guard of HKDSL, was also charged for his role in the case. He had pleaded guilty, and was sentenced to four months' imprisonment, suspended for 12 months, in February this year.
The Judiciary Administration had rendered full assistance to the ICAC during its investigation.
The prosecution was today represented by Sammy Hui, counsel on fiat, assisted by ICAC officer Caroline Yu.
Cheung Moon, 44, major shareholder and general manager of Hong Kong District Security Limited (HKDSL), received a jail term of 12 months.
Yung Kwok-leung, 40, former security supervisor of HKDSL; Leung Wing-on, 41, former operations manager of HKDSL; Lam Tak-ho, 51, Fung Chun-wah, 60, Yeung Wai-ming, 64, and Lee Tai-sang, 49, all former security guards of HKDSL, were each jailed for four mo nths.
Lo Tat, 65, and Chuk Kin-biu, 56, both former security guards of HKDSL, were each sentenced to four months' imprisonment, suspended for 18 months.
Magistrate Mr Albert Wong said defrauding the government of public funds was a serious offence, adding that the defendants' acts might impair the public's confidence in the government.
Cheung, Lam, Fung, Yeung and Lee were today convicted of a joint charge of conspiracy to defraud the Judiciary Administration, while Yung, Leung, Lo and Chuk had earlier pleaded guilty to the same charge.
The case arose from a corruption complaint. Subsequent ICAC enquiries revealed the fraud offence.
The court heard that on September 15, 2003, the Bailiff New Territories Regional Office (BNTRO) of the Judiciary and HKDSL entered into a 24-month contract in relation to the guarding of distrained premises.
The contract stipulated that whenever a bailiff had successfully executed a distraint order, HKDSL was required to deploy three security guards to guard the premises on a 24-hour basis with each guard on an eight-hour shift. The guarding fee for one work ing day was $470, while the guarding fee for each shift was $157.
The court heard that since November 2003, Yung and Leung, with the consent of Cheung, had deployed only one security guard, instead of three stipulated in the contract, to man various distrained premises.
Lam, Fung, Yeung, Lo, Lee and Chuk admitted that they had left the distrained premises unattended at night time, but received wages for all three shifts.
In order to conceal the scam, Yung supplied staff numbers of dummy security guards for Lam, Fung, Yeung, Lo, Lee and Chuk to record in the duty logbooks, the court heard.
Yung admitted that he had also submitted false duty rosters, daily inspection reports and monthly inspection reports to BNTRO with the collusion of Lam, Fung, Yeung, Lo, Lee and Chuk.
The scam continued until January 2005 when the ICAC investigation turned overt.
Between November 1, 2003 and January 27, 2005, HKDSL paid Lam, Fung, Yeung, Lo, Lee and Chuk each a daily wage of $300 for performing guarding duties continuously for three shifts, although the guards left the premises unattended at night time, the court was told.
Co-defendant Wong Wing-hun, 64, former security guard of HKDSL, was also charged for his role in the case. He had pleaded guilty, and was sentenced to four months' imprisonment, suspended for 12 months, in February this year.
The Judiciary Administration had rendered full assistance to the ICAC during its investigation.
The prosecution was today represented by Sammy Hui, counsel on fiat, assisted by ICAC officer Caroline Yu.