Senior Station Officer of FSD guilty of perversion
2014-2-21
A Senior Station Officer (SSO) of the Fire Services Department (FSD), charged by the ICAC, was today (Friday) convicted at the Kowloon City Magistracy of perverting public justice by failing to prosecute a case of storing dangerous goods without a licence .
Isaiah Tong Man-choi, 49, was found guilty of one count of doing acts tending and intended to pervert the course of public justice, contrary to Common Law.
Deputy Magistrate Mr Chu Chung-keung adjourned the case to March 7 this year for sentence, pending a community service order report. The defendant was granted cash bail of $20,000.
The case arose from a corruption complaint referred by the FSD. Subsequent ICAC enquiries revealed the above offence.
The court heard that at the material time, the defendant was an SSO posted to the Building Improvement Division under Fire Safety Command. He was tasked to handle fire hazard complaints.
The maximum storage of bromotrifluoromethane (BTM) without a licence is two cylinders. Over-storage of BTM is an offence under the Dangerous Goods Ordinance.
On March 12, 2012, the FSD received a complaint against over-storage of BTM inside a meter room at the basement of World Finance Centre (North Tower) in Canton Road, Kowloon.
The defendant was assigned to handle the complaint. During an inspection at the scene, he discovered 44 BTM cylinders stored in a pipe duct room inside the main switch room of the centre.
Without taking any action for collecting evidence to prosecute the management company, Harbour City Estate Limited (HCEL), for the over-storage of BTM, the defendant asked a staff member of HCEL to remove all BTM cylinders by the next day.
The court heard that on the following day, the FSD received another complaint against over-storage of BTM cylinders on the same location. An SSO of the FSD’s Dangerous Goods Division (DGD) was assigned to handle the complaint.
On the same day, the defendant phoned the HCEL staff and his supervisor, asking them to remove the BTM cylinders immediately prior to the inspection by the SSO of DGD.
Upon his arrival at the scene, the SSO of DGD saw the HCEL supervisor and other staff removing those BTM cylinders. The SSO stopped the removal, and later discovered a total of 43 BTM cylinders and one oxygen cylinder on different locations at the baseme nt of the centre.
The HCEL supervisor called the defendant to inform the latter of the arrival of the SSO of DGD. Over the telephone, the defendant suggested that the supervisor tell the SSO of DGD the 44 cylinders were recently moved to the centre.
On March 15, 2012, the defendant submitted a complaint inspection report to DGD via his immediate supervisor. In the report, the defendant stated that no BTM cylinder was noted during his inspection in the building three days ago, the court was told.
The FSD had rendered full assistance to the ICAC during its investigation.
The prosecution was today represented by Senior Public Prosecutor Jones Tsui, assisted by ICAC officer Dominic Cheung.
Isaiah Tong Man-choi, 49, was found guilty of one count of doing acts tending and intended to pervert the course of public justice, contrary to Common Law.
Deputy Magistrate Mr Chu Chung-keung adjourned the case to March 7 this year for sentence, pending a community service order report. The defendant was granted cash bail of $20,000.
The case arose from a corruption complaint referred by the FSD. Subsequent ICAC enquiries revealed the above offence.
The court heard that at the material time, the defendant was an SSO posted to the Building Improvement Division under Fire Safety Command. He was tasked to handle fire hazard complaints.
The maximum storage of bromotrifluoromethane (BTM) without a licence is two cylinders. Over-storage of BTM is an offence under the Dangerous Goods Ordinance.
On March 12, 2012, the FSD received a complaint against over-storage of BTM inside a meter room at the basement of World Finance Centre (North Tower) in Canton Road, Kowloon.
The defendant was assigned to handle the complaint. During an inspection at the scene, he discovered 44 BTM cylinders stored in a pipe duct room inside the main switch room of the centre.
Without taking any action for collecting evidence to prosecute the management company, Harbour City Estate Limited (HCEL), for the over-storage of BTM, the defendant asked a staff member of HCEL to remove all BTM cylinders by the next day.
The court heard that on the following day, the FSD received another complaint against over-storage of BTM cylinders on the same location. An SSO of the FSD’s Dangerous Goods Division (DGD) was assigned to handle the complaint.
On the same day, the defendant phoned the HCEL staff and his supervisor, asking them to remove the BTM cylinders immediately prior to the inspection by the SSO of DGD.
Upon his arrival at the scene, the SSO of DGD saw the HCEL supervisor and other staff removing those BTM cylinders. The SSO stopped the removal, and later discovered a total of 43 BTM cylinders and one oxygen cylinder on different locations at the baseme nt of the centre.
The HCEL supervisor called the defendant to inform the latter of the arrival of the SSO of DGD. Over the telephone, the defendant suggested that the supervisor tell the SSO of DGD the 44 cylinders were recently moved to the centre.
On March 15, 2012, the defendant submitted a complaint inspection report to DGD via his immediate supervisor. In the report, the defendant stated that no BTM cylinder was noted during his inspection in the building three days ago, the court was told.
The FSD had rendered full assistance to the ICAC during its investigation.
The prosecution was today represented by Senior Public Prosecutor Jones Tsui, assisted by ICAC officer Dominic Cheung.