Part-time musical instructor gets three months for soliciting and accepting bribe
2008-1-29
A part-time musical instructor of a primary school, charged by the ICAC, was today (Tuesday) sentenced to three months’ imprisonment at Kowloon City Magistracy for soliciting and accepting a bribe over the purchase of musical instruments for the school.
Tam Yu-leung, 34, part-time musical instructor of The Church of Christ in China Kei Wai Primary School and The Church of Christ in China Kei Wai Primary School Parent Teacher Association (PTA), today pleaded guilty to one count of agent soliciting an adva ntage and one of agent accepting an advantage.
Magistrate Mr Henry Mierczak said given the seriousness of the offences, a community service order was out of the question.
The Magistrate added that in sentencing, he had taken into consideration the defendant’s guilty plea.
At the time of the offences, the defendant was responsible for advising on the purchase of musical instruments, assessing quotations and making recommendations to the school on which supplier should be awarded the procurement contract.
The court heard that in December 2006, a proprietor of a musical company submitted a quotation for $153,800 to bid for a contract to supply 13 musical instruments.
On February 1, 2007, the defendant telephoned the proprietor and told her that the procurement order would soon be placed with her company for the purchase of eight types of the musical instruments.
The defendant requested the proprietor to pay him 20% commission, adding that he would place the order with another supplier should she fail to comply.
The following day, the defendant repeated his request for the 20% commission during another telephone conversation with the proprietor.
During another telephone conversation on February 7, 2007, the defendant requested the proprietor to pay him the commission once the school had offered her the procurement order. The commission, totalling $19,120, was calculated at 20% of the total price of the eight types of musical instruments to be ordered.
In April 2007, the proprietor’s tender for the eight types of musical instruments was accepted by the school as the prices were the lowest among all bidders.
On April 26, 2007, the defendant and the proprietor met at a restaurant in Mongkok. During the meeting, the proprietor passed to the defendant an envelope containing $19,120.
The defendant was arrested by ICAC officers shortly after he accepted the money.
The principal of the school and the chairlady of the PTA confirmed that the defendant was not allowed to solicit or accept any advantage in relation to the affairs of the school and the PTA.
The prosecution was today represented by prosecuting counsel John Hemmings, assisted by ICAC officer Gary Wong.
Tam Yu-leung, 34, part-time musical instructor of The Church of Christ in China Kei Wai Primary School and The Church of Christ in China Kei Wai Primary School Parent Teacher Association (PTA), today pleaded guilty to one count of agent soliciting an adva ntage and one of agent accepting an advantage.
Magistrate Mr Henry Mierczak said given the seriousness of the offences, a community service order was out of the question.
The Magistrate added that in sentencing, he had taken into consideration the defendant’s guilty plea.
At the time of the offences, the defendant was responsible for advising on the purchase of musical instruments, assessing quotations and making recommendations to the school on which supplier should be awarded the procurement contract.
The court heard that in December 2006, a proprietor of a musical company submitted a quotation for $153,800 to bid for a contract to supply 13 musical instruments.
On February 1, 2007, the defendant telephoned the proprietor and told her that the procurement order would soon be placed with her company for the purchase of eight types of the musical instruments.
The defendant requested the proprietor to pay him 20% commission, adding that he would place the order with another supplier should she fail to comply.
The following day, the defendant repeated his request for the 20% commission during another telephone conversation with the proprietor.
During another telephone conversation on February 7, 2007, the defendant requested the proprietor to pay him the commission once the school had offered her the procurement order. The commission, totalling $19,120, was calculated at 20% of the total price of the eight types of musical instruments to be ordered.
In April 2007, the proprietor’s tender for the eight types of musical instruments was accepted by the school as the prices were the lowest among all bidders.
On April 26, 2007, the defendant and the proprietor met at a restaurant in Mongkok. During the meeting, the proprietor passed to the defendant an envelope containing $19,120.
The defendant was arrested by ICAC officers shortly after he accepted the money.
The principal of the school and the chairlady of the PTA confirmed that the defendant was not allowed to solicit or accept any advantage in relation to the affairs of the school and the PTA.
The prosecution was today represented by prosecuting counsel John Hemmings, assisted by ICAC officer Gary Wong.