Ex-OUHK duo charged by ICAC jailed for bribery over solicitation of employment from beauty industry
2022-10-13
Two former senior staff members of Li Ka Shing Institute of Professional and Continuing Education (LiPACE) of The Open University of Hong Kong (OUHK), charged by the ICAC, were respectively sentenced to 15 and 10 months’ imprisonment at the District Court today (October 13) for conspiracy to solicit an employment from a beauty industry organisation in their official capacities.
Kris Wong Wai-ning, 52, former Director of LiPACE of the OUHK (subsequently renamed as the Hong Kong Metropolitan University (HKMU)) was sentenced to a jail term of 15 months; while Vicky Lai Wai-kee, 50, former Programme Director of LiPACE of the OUHK, was jailed for 10 months.
The duo were earlier found guilty of one count of conspiracy to solicit advantage as a public servant, contrary to Section 4(2)(c) of the Prevention of Bribery Ordinance (POBO) and Section 159A of the Crimes Ordinance.
In sentencing, Deputy Judge Miss Veronica Heung Shuk-han reprimanded the defendants for abusing their official capacities to obtain personal interests, which undermined the reputation of LiPACE of the OUHK. The deputy judge also noted that the offence committed by the duo was serious in nature, warranting a deterrent sentence. The respective starting point of imprisonment of the defendants was 18 months and 12 months. Having considered the duo’s mitigating factors, their jail terms were reduced by three months and two months respectively.
The court heard that at the material time, Wong was the Director of LiPACE responsible for its overall management. Lai was the Programme Director of LiPACE responsible for developing and organising various professional programmes, including Corporate Training Programmes, which were organised at the request of individual clients.
Wong tendered his resignation to the OUHK in late July 2017 after receiving a prior notice that no further contract would be offered to him after his contract expired in January 2018. Since mid-November 2017, he was prohibited from taking part in handling LiPACE’s business until his contract expired.
In late September 2017, Wong informed Lai that he was negotiating a potential employment offer by Council of Beauty Professionals Limited (COBP), an organisation in the beauty industry, and he in return was required to arrange for OUHK to develop a Corporate Training Programme named “Professional Certificate in Cosmetic Light Therapy” (the Programme) with COBP as the co-organiser between October 2017 and January 2018.
Although Lai was fully aware of Wong’s ongoing negotiations on his employment terms with COBP, she prepared the documents for the Programme and submitted the budget and proposal of the Programme, incorporated with Wong’s comments, to OUHK for approval.
Wong understood that his employment with COBP depended on whether the Programme could be materialised. After the OUHK endorsed the Programme in mid-January 2018, Wong continued to negotiate on his remuneration package with COBP and he eventually joined COBP as an executive director with a monthly salary of about $190,000.
The court heard that Wong and Lai had never declared to the OUHK their relationships with COBP or that Wong was in negotiation with COBP on an employment contract. The OUHK did not allow the duo to solicit any advantages, including employment, from any persons with which they were having official dealings.
OUHK later revealed irregularities from the approval-seeking process of the Programme and decided not to further process with it.
The HKMU had rendered full assistance to the ICAC during its investigation into the case.
The prosecution was today represented by Senior Public Prosecutor Simon Kwong and Public Prosecutor Derrick Lee, assisted by ICAC officers Queenie Woo and Jacky Yeung.
An ICAC spokesperson noted that pursuant to the POBO, publicly-funded tertiary education institutions are public bodies. Their employees are prohibited from soliciting or accepting any advantage in relation to their official capacity and “advantage” includes any office, employment or contract. In order to safeguard the public interest, all public servants are reminded to uphold a high ethical standard. They should never abuse their power for personal gain.
Kris Wong Wai-ning, 52, former Director of LiPACE of the OUHK (subsequently renamed as the Hong Kong Metropolitan University (HKMU)) was sentenced to a jail term of 15 months; while Vicky Lai Wai-kee, 50, former Programme Director of LiPACE of the OUHK, was jailed for 10 months.
The duo were earlier found guilty of one count of conspiracy to solicit advantage as a public servant, contrary to Section 4(2)(c) of the Prevention of Bribery Ordinance (POBO) and Section 159A of the Crimes Ordinance.
In sentencing, Deputy Judge Miss Veronica Heung Shuk-han reprimanded the defendants for abusing their official capacities to obtain personal interests, which undermined the reputation of LiPACE of the OUHK. The deputy judge also noted that the offence committed by the duo was serious in nature, warranting a deterrent sentence. The respective starting point of imprisonment of the defendants was 18 months and 12 months. Having considered the duo’s mitigating factors, their jail terms were reduced by three months and two months respectively.
The court heard that at the material time, Wong was the Director of LiPACE responsible for its overall management. Lai was the Programme Director of LiPACE responsible for developing and organising various professional programmes, including Corporate Training Programmes, which were organised at the request of individual clients.
Wong tendered his resignation to the OUHK in late July 2017 after receiving a prior notice that no further contract would be offered to him after his contract expired in January 2018. Since mid-November 2017, he was prohibited from taking part in handling LiPACE’s business until his contract expired.
In late September 2017, Wong informed Lai that he was negotiating a potential employment offer by Council of Beauty Professionals Limited (COBP), an organisation in the beauty industry, and he in return was required to arrange for OUHK to develop a Corporate Training Programme named “Professional Certificate in Cosmetic Light Therapy” (the Programme) with COBP as the co-organiser between October 2017 and January 2018.
Although Lai was fully aware of Wong’s ongoing negotiations on his employment terms with COBP, she prepared the documents for the Programme and submitted the budget and proposal of the Programme, incorporated with Wong’s comments, to OUHK for approval.
Wong understood that his employment with COBP depended on whether the Programme could be materialised. After the OUHK endorsed the Programme in mid-January 2018, Wong continued to negotiate on his remuneration package with COBP and he eventually joined COBP as an executive director with a monthly salary of about $190,000.
The court heard that Wong and Lai had never declared to the OUHK their relationships with COBP or that Wong was in negotiation with COBP on an employment contract. The OUHK did not allow the duo to solicit any advantages, including employment, from any persons with which they were having official dealings.
OUHK later revealed irregularities from the approval-seeking process of the Programme and decided not to further process with it.
The HKMU had rendered full assistance to the ICAC during its investigation into the case.
The prosecution was today represented by Senior Public Prosecutor Simon Kwong and Public Prosecutor Derrick Lee, assisted by ICAC officers Queenie Woo and Jacky Yeung.
An ICAC spokesperson noted that pursuant to the POBO, publicly-funded tertiary education institutions are public bodies. Their employees are prohibited from soliciting or accepting any advantage in relation to their official capacity and “advantage” includes any office, employment or contract. In order to safeguard the public interest, all public servants are reminded to uphold a high ethical standard. They should never abuse their power for personal gain.