IO member jailed for accepting bribe over renovation project
2009-4-24
A member of the incorporated owners (IO) of a residential and commercial complex, charged by the ICAC, was today (Friday) sentenced to six months’ imprisonment at Kwun Tong Magistracy for accepting a $40,000 bribe with another IO member in relation to a renovation project at the complex.
Fan Chu-kin, 41, a member of the IO of Shui Ning House (SNH) in Kwun Tong, was also ordered to pay a restitution of $20,000.
In sentencing, Magistrate Mr Anthony Kwok Kai-on said the bribery offence, like a cancer which ate into the fabrics of a society, warranted a custodial jail term.
The defendant earlier pleaded guilty to one count of agent accepting an advantage, contrary to Section 9(1)(b) of the Prevention of Bribery Ordinance.
The court heard that in 2006, the IO of SNH received a repair order from the Buildings Department, and resolved to conduct a renovation project.
On February 2, 2007, the IO of SNH, after a tendering exercise, awarded the renovation contract of around $5 million to a main contractor. The IO was responsible for approving the release of project payments to the main contractor.
The defendant and Ma Ying-see, another member of the IO of SNH, came to know the main contractor in the course of the project.
The court heard that prior to the release of the first project payment of $400,000 on April 4, 2007, the main contractor called Ma.
At a subsequent meeting, the main contractor gave Ma $40,000 for him to share with the defendant.
On the following day, the defendant met Ma at a restaurant where the defendant accepted $20,000 from Ma.
The defendant was aware that the bribe was offered by the main contractor in relation to the SNH’s renovation project.
The IO of SNH prohibited its members from soliciting or accepting advantages in relation to its affairs, the court was told.
Ma, 60, was also charged for his role in the case. He earlier pleaded guilty to a similar offence, and was sentenced to 200 hours of community service.
The prosecution was today represented by ICAC officer Kenny Wong.
Fan Chu-kin, 41, a member of the IO of Shui Ning House (SNH) in Kwun Tong, was also ordered to pay a restitution of $20,000.
In sentencing, Magistrate Mr Anthony Kwok Kai-on said the bribery offence, like a cancer which ate into the fabrics of a society, warranted a custodial jail term.
The defendant earlier pleaded guilty to one count of agent accepting an advantage, contrary to Section 9(1)(b) of the Prevention of Bribery Ordinance.
The court heard that in 2006, the IO of SNH received a repair order from the Buildings Department, and resolved to conduct a renovation project.
On February 2, 2007, the IO of SNH, after a tendering exercise, awarded the renovation contract of around $5 million to a main contractor. The IO was responsible for approving the release of project payments to the main contractor.
The defendant and Ma Ying-see, another member of the IO of SNH, came to know the main contractor in the course of the project.
The court heard that prior to the release of the first project payment of $400,000 on April 4, 2007, the main contractor called Ma.
At a subsequent meeting, the main contractor gave Ma $40,000 for him to share with the defendant.
On the following day, the defendant met Ma at a restaurant where the defendant accepted $20,000 from Ma.
The defendant was aware that the bribe was offered by the main contractor in relation to the SNH’s renovation project.
The IO of SNH prohibited its members from soliciting or accepting advantages in relation to its affairs, the court was told.
Ma, 60, was also charged for his role in the case. He earlier pleaded guilty to a similar offence, and was sentenced to 200 hours of community service.
The prosecution was today represented by ICAC officer Kenny Wong.