Trio charged by ICAC with MIPO and deception over $4.2m HKPost contract
2021-12-14
An Assistant General Manager of the Hongkong Post (HKPost) was charged by the ICAC today (December 14) with misconduct in public office (MIPO) for concealing from the HKPost his conflicting interest when handling the tendering exercise of a contract worth about $4.2 million, while his two relatives operating a company which won the contract were charged with obtaining pecuniary advantage by deception.
The ICAC investigation arose from a corruption complaint. Upon completion of the investigation, the ICAC sought legal advice from the Department of Justice, which advised pressing charges against the trio.
Cheng Chun-kit, 43, Assistant General Manager of the HKPost, faces one count of MIPO, contrary to Common Law.
Co-defendants Chow Oi-yee, 47, cousin of Cheng and shareholder cum chief executive director (CEO) of Intimex Business Solutions Company Limited (Intimex); and Cheung Kin-hang, 46, husband of Chow and former chief operating officer (COO) of Intimex, jointly face two counts of obtaining pecuniary advantage by deception, contrary to Section 18 of the Theft Ordinance.
The defendants were released on ICAC bail, pending their court appearance in the West Kowloon Magistrates’ Courts on Thursday (December 16) for the case to be transferred to the District Court for plea.
In around June 2017, the HKPost conducted a tendering exercise to select a contractor for a “Redevelopment of On-line Shopping Platform Project” (the Project) to integrate its various online shopping platforms. At the material time, Cheng was an Assistant General Manager of the HKPost who headed its e-Services Development Section. He was responsible for assessing the estimated cost of the Project, overseeing the implementation of the Project, etc.
On September 27, 2017, the HKPost awarded the Project to Intimex at a contract sum of about $4.2 million. Cheung, Chow and Chow’s younger sister (the three operators of Intimex) were respectively the COO, CEO and business development director of Intimex.
One of the charges alleges that between August 1, 2016 and December 11, 2018, Cheng, in the course of or in relation to his public office, without reasonable excuse or justification, wilfully misconducted himself by failing to declare or disclose to, or by concealing from, the HKPost a conflict of interest arising from the family relationships between him and the three operators of Intimex when handling the tendering exercise of the Project in respect of which Intimex was a potential tenderer and a tenderer bidding for and finally winning the contract of the Project.
The remaining two charges allege that on September 27, 2017, Chow and Cheung, together with a friend of Chow and a then employee of Intimex, by deception, dishonestly obtained for themselves or Intimex a pecuniary advantage, namely an opportunity to earn remuneration in respect of the contract for the Project.
It is alleged that they had falsely represented to the HKPost during the tendering process that the friend of Chow and two employees of a company having business dealings with Intimex would be members of the implementation team for the Project, and the relevant working experience of the three people and Cheung.
The HKPost has rendered full assistance to the ICAC during its investigation into the case.
The ICAC investigation arose from a corruption complaint. Upon completion of the investigation, the ICAC sought legal advice from the Department of Justice, which advised pressing charges against the trio.
Cheng Chun-kit, 43, Assistant General Manager of the HKPost, faces one count of MIPO, contrary to Common Law.
Co-defendants Chow Oi-yee, 47, cousin of Cheng and shareholder cum chief executive director (CEO) of Intimex Business Solutions Company Limited (Intimex); and Cheung Kin-hang, 46, husband of Chow and former chief operating officer (COO) of Intimex, jointly face two counts of obtaining pecuniary advantage by deception, contrary to Section 18 of the Theft Ordinance.
The defendants were released on ICAC bail, pending their court appearance in the West Kowloon Magistrates’ Courts on Thursday (December 16) for the case to be transferred to the District Court for plea.
In around June 2017, the HKPost conducted a tendering exercise to select a contractor for a “Redevelopment of On-line Shopping Platform Project” (the Project) to integrate its various online shopping platforms. At the material time, Cheng was an Assistant General Manager of the HKPost who headed its e-Services Development Section. He was responsible for assessing the estimated cost of the Project, overseeing the implementation of the Project, etc.
On September 27, 2017, the HKPost awarded the Project to Intimex at a contract sum of about $4.2 million. Cheung, Chow and Chow’s younger sister (the three operators of Intimex) were respectively the COO, CEO and business development director of Intimex.
One of the charges alleges that between August 1, 2016 and December 11, 2018, Cheng, in the course of or in relation to his public office, without reasonable excuse or justification, wilfully misconducted himself by failing to declare or disclose to, or by concealing from, the HKPost a conflict of interest arising from the family relationships between him and the three operators of Intimex when handling the tendering exercise of the Project in respect of which Intimex was a potential tenderer and a tenderer bidding for and finally winning the contract of the Project.
The remaining two charges allege that on September 27, 2017, Chow and Cheung, together with a friend of Chow and a then employee of Intimex, by deception, dishonestly obtained for themselves or Intimex a pecuniary advantage, namely an opportunity to earn remuneration in respect of the contract for the Project.
It is alleged that they had falsely represented to the HKPost during the tendering process that the friend of Chow and two employees of a company having business dealings with Intimex would be members of the implementation team for the Project, and the relevant working experience of the three people and Cheung.
The HKPost has rendered full assistance to the ICAC during its investigation into the case.