Six months’ jail for soliciting bribe from security guards
2014-8-20
A former chairman of the incorporated owners (IO) of a residential building, charged by the ICAC, was today (Wednesday) sentenced to six months’ imprisonment at the Eastern Magistracy for soliciting a bribe of $4,000 from three security staff in relation to an application for a one-off hardship allowance.
Hsu Chun-pin, 54, former chairman of the IO of Wang Fai Mansion (WFM), was earlier found guilty of one count of agent soliciting an advantage, contrary to Section 9(1)(a) of the Prevention of Bribery Ordinance (POBO).
In sentencing, Deputy Magistrate Ms Kennis Tai Chiu-ki said the court had to mete out an immediate custodial sentence to the defendant as he had committed the serious bribery offence, abused his power as IO chairman and breached the trust the IO placed on him.
Upon the defendant’s application, the deputy magistrate granted him bail on a cash sum of $15,000 and a cash surety of $5,000, pending his appeal. He was also ordered not to leave Hong Kong.
The court heard that at the material time, the defendant was the IO chairman of WFM in North Point.
Goldwell Property Management Limited (GPML), which was entrusted by the IO to take charge of the management of WFM, deployed security supervisor Lam Chor-min, security guard Cheung Kam-chung and another security guard (the trio) to work at the building.
Between January and April 2013, a large-scale renovation project was carried out at WFM. During the renovation period, the trio was required to perform extra patrol and other additional duties.
In March 2013, the trio applied for a one-off allowance from the IO. To support their application, the defendant, Lam and Cheung agreed that “tea money” would be given to the defendant.
The court heard that at an IO meeting held on April 16, 2013, a resolution was passed to grant $5,565, $5,645 and $4,860 to Lam, Cheung and the other security guard respectively as one-off hardship allowance, which was equivalent to half of their monthly salaries.
Three days later, the defendant solicited from Cheung over the phone $2,000 each from the trio as “tea money” for persuading other IO members to approve their application.
While Lam and Cheung only agreed to give him $4,000 in total, the defendant demanded $5,000. After the fresh demand was rejected, the defendant was very angry and said he would withhold three cheques prepared for the trio. Subsequently, the defendant wi thheld the issue of the cheques.
At another IO meeting held on May 23, 2013, the defendant proposed that the payment of the one-off allowance be suspended because he had received complaints about Lam’s work attitude.
After deliberation, the meeting resolved to maintain the granting of the allowance to the trio. Upon receipt of the allowance, the trio did not pay “tea money” to the defendant, the court was told.
Lam and Cheung, who were also charged by the ICAC, earlier pleaded guilty to a joint count of offering an advantage to an agent, contrary to Section 9(2)(a) of the POBO. They were each sentenced to three months’ imprisonment, suspended for 18 months.
The prosecution was today represented by prosecuting counsel Olivia Tsang, assisted by ICAC officer Edward Wong.
Hsu Chun-pin, 54, former chairman of the IO of Wang Fai Mansion (WFM), was earlier found guilty of one count of agent soliciting an advantage, contrary to Section 9(1)(a) of the Prevention of Bribery Ordinance (POBO).
In sentencing, Deputy Magistrate Ms Kennis Tai Chiu-ki said the court had to mete out an immediate custodial sentence to the defendant as he had committed the serious bribery offence, abused his power as IO chairman and breached the trust the IO placed on him.
Upon the defendant’s application, the deputy magistrate granted him bail on a cash sum of $15,000 and a cash surety of $5,000, pending his appeal. He was also ordered not to leave Hong Kong.
The court heard that at the material time, the defendant was the IO chairman of WFM in North Point.
Goldwell Property Management Limited (GPML), which was entrusted by the IO to take charge of the management of WFM, deployed security supervisor Lam Chor-min, security guard Cheung Kam-chung and another security guard (the trio) to work at the building.
Between January and April 2013, a large-scale renovation project was carried out at WFM. During the renovation period, the trio was required to perform extra patrol and other additional duties.
In March 2013, the trio applied for a one-off allowance from the IO. To support their application, the defendant, Lam and Cheung agreed that “tea money” would be given to the defendant.
The court heard that at an IO meeting held on April 16, 2013, a resolution was passed to grant $5,565, $5,645 and $4,860 to Lam, Cheung and the other security guard respectively as one-off hardship allowance, which was equivalent to half of their monthly salaries.
Three days later, the defendant solicited from Cheung over the phone $2,000 each from the trio as “tea money” for persuading other IO members to approve their application.
While Lam and Cheung only agreed to give him $4,000 in total, the defendant demanded $5,000. After the fresh demand was rejected, the defendant was very angry and said he would withhold three cheques prepared for the trio. Subsequently, the defendant wi thheld the issue of the cheques.
At another IO meeting held on May 23, 2013, the defendant proposed that the payment of the one-off allowance be suspended because he had received complaints about Lam’s work attitude.
After deliberation, the meeting resolved to maintain the granting of the allowance to the trio. Upon receipt of the allowance, the trio did not pay “tea money” to the defendant, the court was told.
Lam and Cheung, who were also charged by the ICAC, earlier pleaded guilty to a joint count of offering an advantage to an agent, contrary to Section 9(2)(a) of the POBO. They were each sentenced to three months’ imprisonment, suspended for 18 months.
The prosecution was today represented by prosecuting counsel Olivia Tsang, assisted by ICAC officer Edward Wong.