Businessman jailed for $1.2m fraud over transfer of FEHD market stalls
2006-10-11
A businessman, charged by the ICAC, was today (Wednesday) sentenced to an imprisonment of four years and nine months at District Court for his role in a scam to defraud over $1.2 million in relation to the transfer of market stalls managed by the Food and Environmental Hygiene Department (FEHD).
Chan Kam-keung, 52, was earlier found guilty of 24 counts of fraud.
Co-defendant Yu Fong-wah, 49, wife of Chan, was also earlier convicted of six similar charges. Yu was jailed for three years.
In sentencing, Deputy Judge Symon Wong said custodial sentences must be imposed on the defendants, in view of the premeditated scam spanning a period of time and the huge amount of money deceived. The judge also reprimanded the defendants for showing no remorse.
The case arose from a corruption complaint. Subsequent ICAC enquiries revealed the fraud offences.
The court heard that at the time of the offences, the couple was tenants of the Tai Po Temporary Market managed by FEHD.
The temporary market was due for demolition and the existing market tenants were invited to bid for stalls in the new FEHD market in Tai Po Complex scheduled for completion in September 2004.
The court heard that between June 2003 and February 2004, Chan, on various occasions together with Yu, had falsely represented to nine persons that they could arrange for the latter to transfer their market stalls from the temporary market to the new mark et so that they could continue to operate their business.
The couple eventually obtained a total of over $1.22 million from the victims under different false pretexts, including payments for deposits, transfer fees, decoration expenses and advance rentals relating to the transfer of market stalls.
In fact, the couple was only allocated two market stalls in the new market, which they subsequently sublet to other persons. None of the victims were assigned any market stalls from the defendants, the court was told.
The prosecution was today represented by prosecuting counsel Bernard Chung, assisted by ICAC officer Bonnie Mak.
Chan Kam-keung, 52, was earlier found guilty of 24 counts of fraud.
Co-defendant Yu Fong-wah, 49, wife of Chan, was also earlier convicted of six similar charges. Yu was jailed for three years.
In sentencing, Deputy Judge Symon Wong said custodial sentences must be imposed on the defendants, in view of the premeditated scam spanning a period of time and the huge amount of money deceived. The judge also reprimanded the defendants for showing no remorse.
The case arose from a corruption complaint. Subsequent ICAC enquiries revealed the fraud offences.
The court heard that at the time of the offences, the couple was tenants of the Tai Po Temporary Market managed by FEHD.
The temporary market was due for demolition and the existing market tenants were invited to bid for stalls in the new FEHD market in Tai Po Complex scheduled for completion in September 2004.
The court heard that between June 2003 and February 2004, Chan, on various occasions together with Yu, had falsely represented to nine persons that they could arrange for the latter to transfer their market stalls from the temporary market to the new mark et so that they could continue to operate their business.
The couple eventually obtained a total of over $1.22 million from the victims under different false pretexts, including payments for deposits, transfer fees, decoration expenses and advance rentals relating to the transfer of market stalls.
In fact, the couple was only allocated two market stalls in the new market, which they subsequently sublet to other persons. None of the victims were assigned any market stalls from the defendants, the court was told.
The prosecution was today represented by prosecuting counsel Bernard Chung, assisted by ICAC officer Bonnie Mak.