Eighteen guilty of defrauding FEHD over bidding of cooked food stalls

2008-5-16

Eighteen persons, charged by the ICAC, were today (Friday) convicted at Fanling Magistracy of defrauding the Food and Environmental Hygiene Department (FEHD) in relation to the bidding of cooked food stalls at Tai Po Hui Market.

Chan Wai-yip, 30, Fung Moon-kwai, 57, Hung Chau-ming, 47, Wong Lit, 79, Sin Kam-sing, 64, Choi Kwai-sing, 58, Chan Chun-kim, 61, Lee Chi-ying, 57, Cheung Chi-keung, 48, Wong Chung-tit, 49, Li Yuk-fai, 54, Wong Tak-hing, 49, Cheung Mui-fong, 53, Fung Moon- kwong, 48, Tang Yiu-kwan, 51, Li Sai-hung, 52, Wong Oi-kwan, 45, and Chan Ping-chiu, 72, all cooked food stall operators, were found guilty of one count of conspiracy to defraud.

Co-defendant Au Miu-ngor, 47, also a cooked food stall operator, had earlier pleaded guilty to a similar offence.

Deputy Magistrate Mr Eric Cheung Kwan-ming adjourned the case until next Monday (May 19) for sentence. The defendants were remanded in the custody of the Correctional Services Department.

The case arose from a corruption complaint. Subsequent ICAC enquiries revealed a conspiracy to deceive FEHD.

The court heard that in 2004, all cooked food stall tenants and their appointed assistants in Tai Po Temporary Market were required to move to the newly built Tai Po Hui Market (new market) in Heung Sze Wui Street, Tai Po.

These operators were given priority to bid for the stalls in the new market at a restricted auction held on July 21, 2004 by FEHD.

Between June and July 2004, the defendants pre-allotted among themselves the cooked food stalls at the new market prior to the auction, and agreed not to compete against one another in bidding for the stalls at the auction.

As a result, FEHD was deceived into believing that there was only one bid offered at the upset price for each of the cooked food stalls and renting the stalls at the upset prices to the defendants or their representatives, the court was told.

The prosecution was today represented by prosecuting counsel Terence Wai, assisted by ICAC officer Yvonne Chan.
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