Ex-deputy privacy commissioner guilty of misconduct and false claims of allowances
2008-4-23
The former Deputy Privacy Commissioner for Personal Data was today (Wednesday) convicted at the District Court of misconduct in public office and using false documents to deceive over $120,000 subsistence allowances.
Anthony Lam Wing-hong, 60, was found guilty of one count of misconduct in public office, contrary to Common Law, and three of agent using a document with intent to deceive his principal, contrary to Section 9(3) of the Prevention of Bribery Ordinance.
Judge Patrick Li Hon-leung adjourned the case until May 15 for mitigation and sentencing, pending community service order and background reports.
Lam was granted cash bail of $100,000, and was ordered not to leave Hong Kong and to surrender all travel documents.
In his reason for judgment, Judge Li remarked that Lam’s acts constituted blatant misuse of public funds and serious misconduct.
The court heard that while Lam was the Acting Privacy Commissioner for Personal Data in 2005, he had wilfully and intentionally culpably misconducted himself by dishonestly claiming the cost of return airfares for three trips to Melbourne, and 100% Overse as Subsistence Allowance (OSA).
The Office of the Privacy Commissioner for Personal Data (PCO) grants OSA to officers performing overseas duties to cover the cost of accommodation, meals and other expenses.
According to PCO’s guidelines, only 60% of OSA will be granted to an officer who resides at his own accommodation or is provided with free accommodation by a friend or relative, instead of staying in a hotel.
The court heard that in July 2002, Lam was invited by then Victorian Privacy Commissioner to be an external member of its Audit Committee, which required Lam to attend its annual meetings in Melbourne.
Then Privacy Commissioner (PC) approved Lam to accept the invitation, but directed Lam to schedule the meetings to coincide with his personal leave. Lam was also told that PCO would not cover the airfares.
The court heard that on January 12, 2005, Lam acted up the post of PC and subsequently reversed his predecessor’s decision.
Between February 18 and July 10, 2005, Lam made three trips to Melbourne to attend meetings of the Audit Committee. He had dishonestly claimed the cost of return airfares totalling HK$89,326 from PCO.
He had also dishonestly claimed 100% OSA amounting to AUS$1,572 despite that he had stayed at his own property in Melbourne on those trips.
The court heard that Lam had chosen to proceed with one of the trips despite that he had known in advance that the meeting was re-scheduled to a date that he would not be able to attend.
The court also heard that Lam had made three other visits to Melbourne between August 11, 2001 and October 20, 2003. On each occasion, Lam had used a loose minute to apply for 100% OSA.
Lam had obtained a total of AUS$4,288 to cover the three trips, but did not make any refund to PCO despite that he had stayed at his home in Melbourne.
The prosecution was today represented by prosecuting counsel Mr Nicholas Adams, assisted by ICAC officer Nicole Yip.
Anthony Lam Wing-hong, 60, was found guilty of one count of misconduct in public office, contrary to Common Law, and three of agent using a document with intent to deceive his principal, contrary to Section 9(3) of the Prevention of Bribery Ordinance.
Judge Patrick Li Hon-leung adjourned the case until May 15 for mitigation and sentencing, pending community service order and background reports.
Lam was granted cash bail of $100,000, and was ordered not to leave Hong Kong and to surrender all travel documents.
In his reason for judgment, Judge Li remarked that Lam’s acts constituted blatant misuse of public funds and serious misconduct.
The court heard that while Lam was the Acting Privacy Commissioner for Personal Data in 2005, he had wilfully and intentionally culpably misconducted himself by dishonestly claiming the cost of return airfares for three trips to Melbourne, and 100% Overse as Subsistence Allowance (OSA).
The Office of the Privacy Commissioner for Personal Data (PCO) grants OSA to officers performing overseas duties to cover the cost of accommodation, meals and other expenses.
According to PCO’s guidelines, only 60% of OSA will be granted to an officer who resides at his own accommodation or is provided with free accommodation by a friend or relative, instead of staying in a hotel.
The court heard that in July 2002, Lam was invited by then Victorian Privacy Commissioner to be an external member of its Audit Committee, which required Lam to attend its annual meetings in Melbourne.
Then Privacy Commissioner (PC) approved Lam to accept the invitation, but directed Lam to schedule the meetings to coincide with his personal leave. Lam was also told that PCO would not cover the airfares.
The court heard that on January 12, 2005, Lam acted up the post of PC and subsequently reversed his predecessor’s decision.
Between February 18 and July 10, 2005, Lam made three trips to Melbourne to attend meetings of the Audit Committee. He had dishonestly claimed the cost of return airfares totalling HK$89,326 from PCO.
He had also dishonestly claimed 100% OSA amounting to AUS$1,572 despite that he had stayed at his own property in Melbourne on those trips.
The court heard that Lam had chosen to proceed with one of the trips despite that he had known in advance that the meeting was re-scheduled to a date that he would not be able to attend.
The court also heard that Lam had made three other visits to Melbourne between August 11, 2001 and October 20, 2003. On each occasion, Lam had used a loose minute to apply for 100% OSA.
Lam had obtained a total of AUS$4,288 to cover the three trips, but did not make any refund to PCO despite that he had stayed at his home in Melbourne.
The prosecution was today represented by prosecuting counsel Mr Nicholas Adams, assisted by ICAC officer Nicole Yip.