Five sentenced for deceiving $1.4m government funds
2008-7-4
Five persons, charged by the ICAC, were today (Friday) sentenced at the District Court for defrauding the Government of more than $1.4 million under the Small Entrepreneur Research Assistance Programme managed by the Innovation and Technology Commission ( ITC).
Chow Tsz-lam, 32, a director of Shaolin Microsystems Limited (Shaolin), received a jail term of one year, while his wife Bonny Yan Ka-man, 30, another director of Shaolin, was ordered to perform 200 hours of community service.
Chow’s cousin Mak Tat-ming, 30, and Chan Yee-lung, 34, a former project manager of Shaolin, were sentenced to 180 hours and 120 hours of community service respectively.
Co-defendant Lam Man-tak, 33, the sole proprietor of Chance Computer Company (Chance), was ordered to perform 100 hours of community service.
In sentencing, Deputy Judge Douglas Yau Tak-hong said as Chow was the mastermind, a custodial sentence must be imposed on him to serve as a deterrent.
The judge added that the other defendants were given community service orders because of their lesser roles in the case.
Chow and Yan were earlier found guilty of one count of fraud. Mak was convicted of one count of aiding and abetting, counseling and procuring a person to falsify accounts, while Chan was convicted of a similar offence on his own plea. Lam pleaded guilty to one count of conspiracy to falsify accounts.
The case arose from a corruption complaint. Subsequent ICAC enquiries revealed the above offences.
The court heard that Shaolin was a company engaged in the development of computer software, while Chance was a supplier of computer equipment.
In February 2004, Shaolin submitted an application for funds under the Small Entrepreneur Research Assistance Programme to develop a project.
In the application, Chow and Yan made false representations to the ITC in relation to the employment of staff and their inflated salaries as well as the purchase of computer equipment for use in the project from Chance.
Upon Chow’s request, those staff of Shaolin were required to return the inflated salary amounts to him.
To support the false representations, Chow and Yan provided false or misleading accounts, documents and information to the ITC.
By June 2006, Chow and Yan, with intent to defraud, had induced the ITC to release a total of about $1.47 million to them under the programme.
The court also heard that in facilitating Chow in making claims for funds under the programme, Mak and Chan aided and abetted, counselled and procured Chow to falsify various accounts of Shaolin in relation to their purported employment by Shaolin and the dates and amounts of the purported monthly salaries paid to them by Shaolin.
In addition, Lam conspired with Chow to falsify various accounts of Chance in relation to the dates, amounts or the descriptions of goods supplied to Shaolin, the court was told.
The ITC had rendered full assistance to the ICAC during its investigation.
The prosecution was today represented by prosecuting counsel John Hemmings, assisted by ICAC officers Gary Wong and Ken Tam.
Chow Tsz-lam, 32, a director of Shaolin Microsystems Limited (Shaolin), received a jail term of one year, while his wife Bonny Yan Ka-man, 30, another director of Shaolin, was ordered to perform 200 hours of community service.
Chow’s cousin Mak Tat-ming, 30, and Chan Yee-lung, 34, a former project manager of Shaolin, were sentenced to 180 hours and 120 hours of community service respectively.
Co-defendant Lam Man-tak, 33, the sole proprietor of Chance Computer Company (Chance), was ordered to perform 100 hours of community service.
In sentencing, Deputy Judge Douglas Yau Tak-hong said as Chow was the mastermind, a custodial sentence must be imposed on him to serve as a deterrent.
The judge added that the other defendants were given community service orders because of their lesser roles in the case.
Chow and Yan were earlier found guilty of one count of fraud. Mak was convicted of one count of aiding and abetting, counseling and procuring a person to falsify accounts, while Chan was convicted of a similar offence on his own plea. Lam pleaded guilty to one count of conspiracy to falsify accounts.
The case arose from a corruption complaint. Subsequent ICAC enquiries revealed the above offences.
The court heard that Shaolin was a company engaged in the development of computer software, while Chance was a supplier of computer equipment.
In February 2004, Shaolin submitted an application for funds under the Small Entrepreneur Research Assistance Programme to develop a project.
In the application, Chow and Yan made false representations to the ITC in relation to the employment of staff and their inflated salaries as well as the purchase of computer equipment for use in the project from Chance.
Upon Chow’s request, those staff of Shaolin were required to return the inflated salary amounts to him.
To support the false representations, Chow and Yan provided false or misleading accounts, documents and information to the ITC.
By June 2006, Chow and Yan, with intent to defraud, had induced the ITC to release a total of about $1.47 million to them under the programme.
The court also heard that in facilitating Chow in making claims for funds under the programme, Mak and Chan aided and abetted, counselled and procured Chow to falsify various accounts of Shaolin in relation to their purported employment by Shaolin and the dates and amounts of the purported monthly salaries paid to them by Shaolin.
In addition, Lam conspired with Chow to falsify various accounts of Chance in relation to the dates, amounts or the descriptions of goods supplied to Shaolin, the court was told.
The ITC had rendered full assistance to the ICAC during its investigation.
The prosecution was today represented by prosecuting counsel John Hemmings, assisted by ICAC officers Gary Wong and Ken Tam.