Duo charged by ICAC admit bribery over Third Runway Project construction jobs
2021-12-20
Two then employees of a sub-contractor of the Third Runway Project of the Hong Kong International Airport (Third Runway Project) today (December 20) admitted at the West Kowloon Magistrates’ Courts their roles in accepting illegal rebates totalling $27,000 from five construction workers for securing the latter’s employment with the sub-contractor. The duo were among six charged in relation to the ICAC probe.
Hui Kwai-tuen, 38, then site team leader of MLife Engineering Limited (MEL), pleaded guilty to six charges – two of agent accepting an advantage, contrary to Section 9(1)(a) of the Prevention of Bribery Ordinance (POBO); and four of conspiracy for agent to accept advantages, contrary to Section 9(1)(a) of the POBO and Section 159A of the Crimes Ordinance.
Lin Weiwu, 51, then construction worker of MEL, pleaded guilty to one of the above conspiracy charges.
Acting Chief Magistrate Mr Peter Law Tak-chuen remanded Hui and Lin in the custody of the Correctional Services Department until tomorrow (December 21) for mention.
At the material time, MEL was a sub-contractor of the Third Runway Project responsible for recruiting construction workers to conduct various works. Recruitment was conducted mainly through referrals by construction workers. Hui led a team of construction workers, including Lin and Law Chun-yik, to perform carpentry works at the project’s construction site.
The court heard that Hui and Lin had respectively told two construction workers that they were required to pay $300 out of their $1,600 daily wage per working day as a rebate for keeping their employment. Between February and March 2021, Hui accepted through Lin or directly from the duo illegal rebates totalling $9,900 and $6,900 respectively.
In late 2020 and early 2021, Law introduced three other construction workers to work at the project’s construction site at a daily wage of $1,600. Law told the trio that they were required to pay $200 per working day as rebate to Hui. Between January and May 2021, the trio had paid illegal rebates totalling $10,200 through Law or directly to Hui.
The five construction workers believed they would not have been employed by MEL or would be terminated by Hui if they did not pay the rebates.
Law, 37, earlier pleaded guilty to three of the above conspiracy charges. He will also appear at the West Kowloon Magistrates’ Courts tomorrow for sentence.
Three other then site team leaders of MEL, charged in two other cases, have their cases adjourned to next year for plea and trial respectively.
The investigation arose from corruption complaints filed with the ICAC. The Airport Authority Hong Kong, the relevant main contractor SAPR JV and MEL had rendered full assistance to the ICAC during its investigation into the cases. ICAC enquiries are continuing and further arrests and prosecutions may be made.
The prosecution was today represented by ICAC officer Lai Yiu-wai.
The ICAC calls upon contractors and sub-contractors to proactively adopt corruption prevention measures so as to prevent employees and agents from engaging in corrupt conduct in the recruitment of construction workers. The relevant measures include adopting a policy to prohibit employees and recruitment agents or service providers from soliciting and accepting referral fees from workers, paying for referral services of recruitment agents or service providers directly, enhancing transparency in workers’ payment or employment terms with written employment contracts, and using job-matching platforms such as the Construction Industry Council’s “easyJob” to recruit workers.
The ICAC has stepped up its efforts in promoting the “Don’t bribe for Jobs” message to frontline construction workers under the Ethics Promotion Programme for Construction Industry. Workers are reminded to abide by the law and report to the Commission immediately should they be asked to pay illegal rebates.
Hui Kwai-tuen, 38, then site team leader of MLife Engineering Limited (MEL), pleaded guilty to six charges – two of agent accepting an advantage, contrary to Section 9(1)(a) of the Prevention of Bribery Ordinance (POBO); and four of conspiracy for agent to accept advantages, contrary to Section 9(1)(a) of the POBO and Section 159A of the Crimes Ordinance.
Lin Weiwu, 51, then construction worker of MEL, pleaded guilty to one of the above conspiracy charges.
Acting Chief Magistrate Mr Peter Law Tak-chuen remanded Hui and Lin in the custody of the Correctional Services Department until tomorrow (December 21) for mention.
At the material time, MEL was a sub-contractor of the Third Runway Project responsible for recruiting construction workers to conduct various works. Recruitment was conducted mainly through referrals by construction workers. Hui led a team of construction workers, including Lin and Law Chun-yik, to perform carpentry works at the project’s construction site.
The court heard that Hui and Lin had respectively told two construction workers that they were required to pay $300 out of their $1,600 daily wage per working day as a rebate for keeping their employment. Between February and March 2021, Hui accepted through Lin or directly from the duo illegal rebates totalling $9,900 and $6,900 respectively.
In late 2020 and early 2021, Law introduced three other construction workers to work at the project’s construction site at a daily wage of $1,600. Law told the trio that they were required to pay $200 per working day as rebate to Hui. Between January and May 2021, the trio had paid illegal rebates totalling $10,200 through Law or directly to Hui.
The five construction workers believed they would not have been employed by MEL or would be terminated by Hui if they did not pay the rebates.
Law, 37, earlier pleaded guilty to three of the above conspiracy charges. He will also appear at the West Kowloon Magistrates’ Courts tomorrow for sentence.
Three other then site team leaders of MEL, charged in two other cases, have their cases adjourned to next year for plea and trial respectively.
The investigation arose from corruption complaints filed with the ICAC. The Airport Authority Hong Kong, the relevant main contractor SAPR JV and MEL had rendered full assistance to the ICAC during its investigation into the cases. ICAC enquiries are continuing and further arrests and prosecutions may be made.
The prosecution was today represented by ICAC officer Lai Yiu-wai.
The ICAC calls upon contractors and sub-contractors to proactively adopt corruption prevention measures so as to prevent employees and agents from engaging in corrupt conduct in the recruitment of construction workers. The relevant measures include adopting a policy to prohibit employees and recruitment agents or service providers from soliciting and accepting referral fees from workers, paying for referral services of recruitment agents or service providers directly, enhancing transparency in workers’ payment or employment terms with written employment contracts, and using job-matching platforms such as the Construction Industry Council’s “easyJob” to recruit workers.
The ICAC has stepped up its efforts in promoting the “Don’t bribe for Jobs” message to frontline construction workers under the Ethics Promotion Programme for Construction Industry. Workers are reminded to abide by the law and report to the Commission immediately should they be asked to pay illegal rebates.