Subcontractor jailed for bribery over landslip preventive measures project
2007-10-22
A subcontractor, charged by the ICAC, was today (Monday) sentenced to nine months' imprisonment at Shatin Magistracy for conspiracy to offer over $120,000 in bribes to an employee of a contractor in relation to a landslip preventive measures project of th e Civil Engineering and Development Department (CEDD).
Lai Kam-fuk, 54, proprietor of Fuk Shing Engineering Company (Fuk Shing), earlier pleaded guilty to one count of conspiracy to offer advantages to an agent, contrary to Section 9(2)(b) of the Prevention of Bribery Ordinance and Section 159A of the Crimes Ordinance.
In sentencing, Magistrate Mr Timothy Jenkins said a custodial sentence must be imposed on the defendant in view of the seriousness of the bribery offence.
The court heard that in June 2004, CEDD awarded to Barbican Construction Company Limited (Barbican) a $74 million contract for landslip preventive works for slopes in Tai Po and Yuen Long, with a contract period of around 30 months.
Barbican in turn subcontracted various parts of the slope maintenance works to other construction companies.
Edmund Lau Kam-kee, then an assistant project manager of Barbican, was responsible for short-listing subcontractors, supervising their works, and making recommendation for the payment of project fees.
The court heard that in September 2004, the defendant, upon the solicitation of Lau, agreed to offer to Lau five per cent or around $200,000 of the profits to be generated from a subcontract.
In return, Lau assisted the defendant in preparing a favourable tender to Barbican, obtaining the subcontract from Barbican, and expediting future claims for payment of project fees.
In November 2004, Barbican accepted a tender from Fuk Shing, and entered into a subcontract with Fuk Shing with an estimated project sum of $44 million.
Between September 2004 and January 2006, the defendant had paid bribes totalling $123,000 to Lau.
Since February 2006, the defendant had ceased to pay bribes to Lau as Fuk Shing was in financial difficulties.
At no time did Barbican allow its employees to solicit or accept any advantage in relation to the company's business, the court was told.
Lau has been charged by the ICAC for his alleged role in a separate case, which is scheduled for verdict at the District Court this Wednesday (October 24).
The prosecution was today represented by ICAC officer Kenny Wong.
Lai Kam-fuk, 54, proprietor of Fuk Shing Engineering Company (Fuk Shing), earlier pleaded guilty to one count of conspiracy to offer advantages to an agent, contrary to Section 9(2)(b) of the Prevention of Bribery Ordinance and Section 159A of the Crimes Ordinance.
In sentencing, Magistrate Mr Timothy Jenkins said a custodial sentence must be imposed on the defendant in view of the seriousness of the bribery offence.
The court heard that in June 2004, CEDD awarded to Barbican Construction Company Limited (Barbican) a $74 million contract for landslip preventive works for slopes in Tai Po and Yuen Long, with a contract period of around 30 months.
Barbican in turn subcontracted various parts of the slope maintenance works to other construction companies.
Edmund Lau Kam-kee, then an assistant project manager of Barbican, was responsible for short-listing subcontractors, supervising their works, and making recommendation for the payment of project fees.
The court heard that in September 2004, the defendant, upon the solicitation of Lau, agreed to offer to Lau five per cent or around $200,000 of the profits to be generated from a subcontract.
In return, Lau assisted the defendant in preparing a favourable tender to Barbican, obtaining the subcontract from Barbican, and expediting future claims for payment of project fees.
In November 2004, Barbican accepted a tender from Fuk Shing, and entered into a subcontract with Fuk Shing with an estimated project sum of $44 million.
Between September 2004 and January 2006, the defendant had paid bribes totalling $123,000 to Lau.
Since February 2006, the defendant had ceased to pay bribes to Lau as Fuk Shing was in financial difficulties.
At no time did Barbican allow its employees to solicit or accept any advantage in relation to the company's business, the court was told.
Lau has been charged by the ICAC for his alleged role in a separate case, which is scheduled for verdict at the District Court this Wednesday (October 24).
The prosecution was today represented by ICAC officer Kenny Wong.