Freelance arborist gets 18 months for bribery over tree survey projects
2017-8-29
A freelance arborist, charged by the ICAC, was today (August 29) sentenced to 18 months’ imprisonment at the Eastern Magistracy after being convicted of conspiracy for a then arborist of a landscape architecture company to accept illegal commissions totalling over $250,000 in relation to the award of tree survey projects.
Lau Siu-yeung, 32, was found guilty of one count of conspiracy for an agent to accept advantages, contrary to Section 9(1) of the Prevention of Bribery Ordinance and Section 159A of the Crimes Ordinance.
In passing the sentence, Deputy Magistrate Mr Simon Ho Kick-fai said he did not accept the argument that the case merely involved moonlighting. Nevertheless, Lau’s acts were related to the affairs of his principal and incurred a financial loss to the latter.
The court heard that at the material time, Earthasia Limited (Earthasia) was a landscape architecture company providing landscape assessment and consultation services.
When Earthasia faced a labour shortage during peak seasons, Sum Yu-hin, a then arborist of Earthasia, was tasked to subcontract its tree survey projects to freelance arborists, including Lau.
In 2012, Lau became Earthasia’s freelance arborist through the introduction of Sum. Since then, Lau had been invited by Sum to submit quotations and awarded with multiple tree survey projects.
The court heard that between June 25, 2014 and September 14, 2015, Lau was awarded with 16 tree survey projects worth totalling over million from Earthasia.
Lau was arrested by ICAC officers on September 14, 2015. When interviewed under caution, Lau admitted that he would share half of each project’s sum with Sum after receiving his payment from Earthasia.
As a result, over $250,000 was paid to Sum by March 31, 2015 in relation to six completed tree survey projects.
Earthasia did not allow its employees to accept any advantages as rewards for assisting freelance arborists in securing tree survey projects, the court was told.
Sum, 29, was also charged by the ICAC for his role in the bribery scam. After pleading guilty to the joint charge of conspiracy for an agent to accept advantages, Sum was sentenced to 14 months’ imprisonment at the Eastern Magistracy on July 7, 2016.
Earthasia had rendered full assistance to the ICAC during its investigation.
The prosecution was today represented by prosecuting counsel Sabrina See, assisted by ICAC officer Wesley Ho.
Lau Siu-yeung, 32, was found guilty of one count of conspiracy for an agent to accept advantages, contrary to Section 9(1) of the Prevention of Bribery Ordinance and Section 159A of the Crimes Ordinance.
In passing the sentence, Deputy Magistrate Mr Simon Ho Kick-fai said he did not accept the argument that the case merely involved moonlighting. Nevertheless, Lau’s acts were related to the affairs of his principal and incurred a financial loss to the latter.
The court heard that at the material time, Earthasia Limited (Earthasia) was a landscape architecture company providing landscape assessment and consultation services.
When Earthasia faced a labour shortage during peak seasons, Sum Yu-hin, a then arborist of Earthasia, was tasked to subcontract its tree survey projects to freelance arborists, including Lau.
In 2012, Lau became Earthasia’s freelance arborist through the introduction of Sum. Since then, Lau had been invited by Sum to submit quotations and awarded with multiple tree survey projects.
The court heard that between June 25, 2014 and September 14, 2015, Lau was awarded with 16 tree survey projects worth totalling over million from Earthasia.
Lau was arrested by ICAC officers on September 14, 2015. When interviewed under caution, Lau admitted that he would share half of each project’s sum with Sum after receiving his payment from Earthasia.
As a result, over $250,000 was paid to Sum by March 31, 2015 in relation to six completed tree survey projects.
Earthasia did not allow its employees to accept any advantages as rewards for assisting freelance arborists in securing tree survey projects, the court was told.
Sum, 29, was also charged by the ICAC for his role in the bribery scam. After pleading guilty to the joint charge of conspiracy for an agent to accept advantages, Sum was sentenced to 14 months’ imprisonment at the Eastern Magistracy on July 7, 2016.
Earthasia had rendered full assistance to the ICAC during its investigation.
The prosecution was today represented by prosecuting counsel Sabrina See, assisted by ICAC officer Wesley Ho.