Three months’ jail for former IO chairman pocketing caretaker’s long service payment
2009-11-12
A former chairman of the incorporated owners of a building in Tai Kok Tsui, charged by the ICAC, was today (Thursday) sentenced to three months’ imprisonment at Kowloon City Magistracy for pocketing a long service payment of $30,000 from a caretaker.
Kenny Tse Ho-yin, 48, former chairman of the Incorporated Owners (IO) of Ocean Court, earlier pleaded guilty to one count of theft.
In sentencing, Magistrate Mr Andrew Ma Hon-cheung said the offence committed by the defendant constituted a serious breach of trust.
The magistrate added that the starting point of six months was reduced to three months, taking into account the defendant’s mitigation and guilty plea.
The case arose from a corruption complaint. Subsequent ICAC enquiries revealed the theft offence.
The court heard that at the time of the offence, the defendant was the chairman of the IO of Fook Kwan Building (Block A) in Tai Kok Tsui, which was also known as Ocean Court. The building comprised one shopping arcade and three residential blocks.
In February 2007, the defendant was entrusted by the IO to decide on the amount of long service payment payable to a caretaker for his 18-year service and effect the payment to him. Upon the defendant’s request, a signed blank cheque was given to him by the IO.
The defendant subsequently claimed to the IO that the caretaker was entitled to receive $43,000 as long service payment.
On February 28, 2007, the defendant used the blank cheque to withdraw $43,000 in cash from the IO’s bank account.
The defendant, however, only paid the caretaker $13,000, and pocketed the difference of $30,000.
The court heard that some residents of Fook Kwan Building subsequently queried the matter.
The defendant then asked the caretaker to sign on a photocopy of a cheque issued by the defendant’s company bank account to the effect that the caretaker had received $30,000 in cash, but lost a post-dated cheque for $30,000.
In fact, the defendant’s company bank account did not have sufficient funds to honour the cheque for $30,000.
In late 2008, the defendant returned $30,000 cash to the caretaker, the court was told.
The prosecution was today represented by ICAC officer Henley Tsun.
Kenny Tse Ho-yin, 48, former chairman of the Incorporated Owners (IO) of Ocean Court, earlier pleaded guilty to one count of theft.
In sentencing, Magistrate Mr Andrew Ma Hon-cheung said the offence committed by the defendant constituted a serious breach of trust.
The magistrate added that the starting point of six months was reduced to three months, taking into account the defendant’s mitigation and guilty plea.
The case arose from a corruption complaint. Subsequent ICAC enquiries revealed the theft offence.
The court heard that at the time of the offence, the defendant was the chairman of the IO of Fook Kwan Building (Block A) in Tai Kok Tsui, which was also known as Ocean Court. The building comprised one shopping arcade and three residential blocks.
In February 2007, the defendant was entrusted by the IO to decide on the amount of long service payment payable to a caretaker for his 18-year service and effect the payment to him. Upon the defendant’s request, a signed blank cheque was given to him by the IO.
The defendant subsequently claimed to the IO that the caretaker was entitled to receive $43,000 as long service payment.
On February 28, 2007, the defendant used the blank cheque to withdraw $43,000 in cash from the IO’s bank account.
The defendant, however, only paid the caretaker $13,000, and pocketed the difference of $30,000.
The court heard that some residents of Fook Kwan Building subsequently queried the matter.
The defendant then asked the caretaker to sign on a photocopy of a cheque issued by the defendant’s company bank account to the effect that the caretaker had received $30,000 in cash, but lost a post-dated cheque for $30,000.
In fact, the defendant’s company bank account did not have sufficient funds to honour the cheque for $30,000.
In late 2008, the defendant returned $30,000 cash to the caretaker, the court was told.
The prosecution was today represented by ICAC officer Henley Tsun.