Ex-employee of HyD subcontractor charged by ICAC jailed for fraud over false road inspection reports
2022-5-4
A former employee of a subcontractor of the Highways Department (HyD), charged by the ICAC, was today (May 4) sentenced to six months’ imprisonment at the Eastern Magistrates’ Courts for conspiracy to defraud the HyD by submitting road inspection reports containing photographs with falsely altered dates.
Chui Ka-kin, 42, former assistant to network manager of Wah Fung Engineering Company Limited (Wah Fung), was earlier found guilty of five counts of conspiracy to defraud, contrary to Common Law.
In sentencing, Deputy Magistrate Mr Gary Chu Man-hon said the HyD was unable to identify roads that required maintenance because of the fraudulent acts committed by the defendant. As the offences were serious in nature and affected road safety, the court must handle the case seriously and considered that non-custodial sentence was inappropriate.
The case arose from a corruption complaint referred by the HyD. Subsequent ICAC enquiries revealed the above offences.
The court heard that in 2017, the HyD awarded a term contract concerning management and maintenance of the roads on Hong Kong Island (excluding high speed roads) to Chiu Hing Construction and Transportation Company Limited (Chiu Hing), which then subcontracted the relevant works to Wah Fung.
Under the contract, Chiu Hing was required to deploy road inspectors to conduct regular road inspections on Hong Kong Island and prepare reports supported by real-time photographs of the roads taken during the inspections.
At the material time, the defendant was employed by Wah Fung as an assistant to network manager to support a network manager of Chiu Hing in overseeing the contract. Assistant road inspectors of Wah Fung were assigned to carry out inspections and prepare reports under the supervision of the defendant and the network manager of Chiu Hing.
As Wah Fung did not have sufficient manpower to complete about 4,000 outstanding road inspection reports before the submission deadline set on June 30, 2017, the defendant and the network manager of Chiu Hing instructed six assistant road inspectors of Wah Fung at various meetings held between May 8 and June 30, 2017 to fraudulently prepare about 300 reports by using photographs of roads which were not taken on the dates of the road inspections as support.
The court heard that the reports supported by photographs with dates falsely altered by the six assistant road inspectors of Wah Fung were then submitted to the HyD.
Between September 1 and October 31, 2017, the defendant also instructed four of the assistant road inspectors of Wah Fung to use photographs taken for previous road inspection reports to fraudulently prepare at least 27 other reports and submitted them to the HyD.
Had the HyD known that the road inspection reports contained any false information, the department would not have accepted them as it would result in compromising road safety and releasing unwarranted payments to Chiu Hing.
The six assistant road inspectors of Wah Fung were earlier charged by the ICAC with one count of conspiracy to defraud in a separate case. They pleaded guilty to the charge and were each sentenced to a 12-month probation order.
The HyD had rendered full assistance to the ICAC during its investigation.
The prosecution was today represented by prosecuting counsel Eddie Sean, assisted by ICAC officer Hugh Tan.
Chui Ka-kin, 42, former assistant to network manager of Wah Fung Engineering Company Limited (Wah Fung), was earlier found guilty of five counts of conspiracy to defraud, contrary to Common Law.
In sentencing, Deputy Magistrate Mr Gary Chu Man-hon said the HyD was unable to identify roads that required maintenance because of the fraudulent acts committed by the defendant. As the offences were serious in nature and affected road safety, the court must handle the case seriously and considered that non-custodial sentence was inappropriate.
The case arose from a corruption complaint referred by the HyD. Subsequent ICAC enquiries revealed the above offences.
The court heard that in 2017, the HyD awarded a term contract concerning management and maintenance of the roads on Hong Kong Island (excluding high speed roads) to Chiu Hing Construction and Transportation Company Limited (Chiu Hing), which then subcontracted the relevant works to Wah Fung.
Under the contract, Chiu Hing was required to deploy road inspectors to conduct regular road inspections on Hong Kong Island and prepare reports supported by real-time photographs of the roads taken during the inspections.
At the material time, the defendant was employed by Wah Fung as an assistant to network manager to support a network manager of Chiu Hing in overseeing the contract. Assistant road inspectors of Wah Fung were assigned to carry out inspections and prepare reports under the supervision of the defendant and the network manager of Chiu Hing.
As Wah Fung did not have sufficient manpower to complete about 4,000 outstanding road inspection reports before the submission deadline set on June 30, 2017, the defendant and the network manager of Chiu Hing instructed six assistant road inspectors of Wah Fung at various meetings held between May 8 and June 30, 2017 to fraudulently prepare about 300 reports by using photographs of roads which were not taken on the dates of the road inspections as support.
The court heard that the reports supported by photographs with dates falsely altered by the six assistant road inspectors of Wah Fung were then submitted to the HyD.
Between September 1 and October 31, 2017, the defendant also instructed four of the assistant road inspectors of Wah Fung to use photographs taken for previous road inspection reports to fraudulently prepare at least 27 other reports and submitted them to the HyD.
Had the HyD known that the road inspection reports contained any false information, the department would not have accepted them as it would result in compromising road safety and releasing unwarranted payments to Chiu Hing.
The six assistant road inspectors of Wah Fung were earlier charged by the ICAC with one count of conspiracy to defraud in a separate case. They pleaded guilty to the charge and were each sentenced to a 12-month probation order.
The HyD had rendered full assistance to the ICAC during its investigation.
The prosecution was today represented by prosecuting counsel Eddie Sean, assisted by ICAC officer Hugh Tan.