Couple sentenced for roles in housing allowance fraud

2006-11-27

A Senior Building Surveyor of the Buildings Department (BD) and his wife, charged by the ICAC, were today (Monday) sentenced at the District Court for their respective roles in a housing allowance fraud.

Yick Tze-kai, 50, a Senior Building Surveyor of BD, received a jail term of eight months, while his wife Leung Wai-fun, 49, was jailed for six months, suspended for two years.

Yick earlier pleaded guilty to three counts of agent using document with intent to deceive his principal, contrary to Section 9(3) of the Prevention of Bribery Ordinance; while Leung was found guilty of one count of dealing with property known or believed to represent proceeds of an indictable offence.

In sentencing, Deputy Judge Ada Yim said Yick committed serious offences which involved substantial planning and constituted a breach of trust, and therefore a custodial sentence was appropriate. The judge also reprimanded Yick for showing no remorse.

The court heard that at the time of the offences, Yick was entitled to apply for private tenancy allowance (PTA) from the Hong Kong Government. Under the PTA scheme, a government officer is prohibited to claim allowances for accommodation owned by himsel f, and / or relative, or in which the officer and / or his relative has a financial interest.

Enquiries revealed that Yick had purchased a property in Hospital Road in 1991, and subsequently transferred all his rights to a colleague.

On the instruction of Yick, the colleague opened a bank account and handed the passbook of the account to Yick, who had handled the mortgage payment.

Yick also requested the colleague to sign on a tenancy agreement in respect of the above property, purportedly showing that the colleague was the landlord and Yick the tenant.

On August 7, 1991, Yick submitted an application for PTA in relation to the leased property, falsely representing that he was eligible to claim and received PTA in respect of the leased property.

On May 4, 1993 and April 21, 1995, Yick used two other similar applications with false representations.

As a result, Yick had claimed PTA totalling about $1.5 million from the government.

The court also heard that in 1997, Yick sold the property and signed the provisional sale and purchase agreement on behalf of the colleague concerned.

A total sum of about $4.7 million from the sale of the property was subsequently transferred to the bank account of Leung.

The prosecution was today represented by prosecuting counsel Flora Cheng, assisted by ICAC officer Venus Chow.
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