Fifteen months’ jail for bribery in HK-Zhuhai-Macao Bridge project
2015-4-27
A former senior foreman of a contractor of the Hong Kong-Zhuhai-Macao Bridge project, charged by the ICAC, was today (Monday) sentenced to 15 months’ imprisonment at the Tsuen Wan Magistracy after being convicted of offering a $50,000 casino token twice to an employee of an independent consultant for conniving at sub-standard materials supplied to the project.
Lee Shu-shan, 44, a former senior foreman of China Harbour Engineering Company Limited (CHECL), was today found guilty of two counts of offering an advantage to an agent, contrary to Section 9(2)(a) of the Prevention of Bribery Ordinance.
Magistrate Amy Chan Wai-mun said the court had to mete out a custodial sentence to the defendant in view of the serious bribery offences committed by the defendant in the case involving a major infrastructure project.
The defendant applied for bail pending his appeal, but his application was rejected by the magistrate.
The court heard that at the material time, CHECL was awarded a contract by the Highways Department (HyD) for the construction of seawalls in the development project of the Hong Kong-Zhuhai-Macao Bridge.
The seawalls were formed by a large number of cylindrical steel columns. Construction materials, including sand and stones (collectively known as rock fills) were used to fill those columns which were the boundary of the foundation to the artificial island. The specifications of the rock fills were stipulated in the contract.
Ove Arup & Partners Hong Kong Limited (OAP) was appointed by HyD as an independent consultant to supervise the work of CHECL. Since 2012, CHECL had engaged various providers, including Win Sino Engineering Limited (WSEL), to supply the rock fills.
To ensure the quality of rock fills, OAP deployed two senior inspectors of works and their subordinates to inspect each shipment. If the quality of rock fills deviated from the contract specifications, OAP would reject the whole shipment from the Mainland, and in such case, WSEL had to bear the cost of transportation and additional shipment.
The court heard that as a senior foreman of CHECL, the defendant was tasked to monitor the construction of those seawalls in the development project.
One of the senior inspector of works of OAP told the defendant in the afternoon of October 15, 2013 that three shipments of sub-standard rock fills supplied by WSEL were detected during inspections.
In the morning of the following day, the defendant went to the office of the senior inspector of works of OAP, and showed the latter a non-refundable token in the value of $50,000 of an unidentified casino in Macao.
The defendant then asked the senior inspector of works of OAP to help look into the matter. After the offer was rejected right away, the defendant left with the casino token.
On October 21, 2013, the senior inspector of works of OAP resumed duty after a leave. The defendant went to his office again, took out a non-refundable casino token, and placed it under a document tray on his office desk. But he was asked to take the casino token back.
The defendant asked if the senior inspector of works of OAP would be free to go to Macao with him. After his invitation was rejected, the defendant left his office with the casino token, the court was told.
CHECL and OAP had rendered full assistance to the ICAC during its investigation.
The prosecution was today represented by fiat prosecutor Louisa Lai, assisted by ICAC officer Jason See.
Lee Shu-shan, 44, a former senior foreman of China Harbour Engineering Company Limited (CHECL), was today found guilty of two counts of offering an advantage to an agent, contrary to Section 9(2)(a) of the Prevention of Bribery Ordinance.
Magistrate Amy Chan Wai-mun said the court had to mete out a custodial sentence to the defendant in view of the serious bribery offences committed by the defendant in the case involving a major infrastructure project.
The defendant applied for bail pending his appeal, but his application was rejected by the magistrate.
The court heard that at the material time, CHECL was awarded a contract by the Highways Department (HyD) for the construction of seawalls in the development project of the Hong Kong-Zhuhai-Macao Bridge.
The seawalls were formed by a large number of cylindrical steel columns. Construction materials, including sand and stones (collectively known as rock fills) were used to fill those columns which were the boundary of the foundation to the artificial island. The specifications of the rock fills were stipulated in the contract.
Ove Arup & Partners Hong Kong Limited (OAP) was appointed by HyD as an independent consultant to supervise the work of CHECL. Since 2012, CHECL had engaged various providers, including Win Sino Engineering Limited (WSEL), to supply the rock fills.
To ensure the quality of rock fills, OAP deployed two senior inspectors of works and their subordinates to inspect each shipment. If the quality of rock fills deviated from the contract specifications, OAP would reject the whole shipment from the Mainland, and in such case, WSEL had to bear the cost of transportation and additional shipment.
The court heard that as a senior foreman of CHECL, the defendant was tasked to monitor the construction of those seawalls in the development project.
One of the senior inspector of works of OAP told the defendant in the afternoon of October 15, 2013 that three shipments of sub-standard rock fills supplied by WSEL were detected during inspections.
In the morning of the following day, the defendant went to the office of the senior inspector of works of OAP, and showed the latter a non-refundable token in the value of $50,000 of an unidentified casino in Macao.
The defendant then asked the senior inspector of works of OAP to help look into the matter. After the offer was rejected right away, the defendant left with the casino token.
On October 21, 2013, the senior inspector of works of OAP resumed duty after a leave. The defendant went to his office again, took out a non-refundable casino token, and placed it under a document tray on his office desk. But he was asked to take the casino token back.
The defendant asked if the senior inspector of works of OAP would be free to go to Macao with him. After his invitation was rejected, the defendant left his office with the casino token, the court was told.
CHECL and OAP had rendered full assistance to the ICAC during its investigation.
The prosecution was today represented by fiat prosecutor Louisa Lai, assisted by ICAC officer Jason See.