Twelve jailed for fraud over construction of small houses
2015-12-4
A small house developer and 11 indigenous villagers, who were charged by the ICAC, were today (Friday) sentenced to jail terms up to three years at the District Court for conspiracy to defraud the Lands Department (LD) in relation to the construction of small houses in the New Territories.
David Li Yam-pui, 82, operator of Full Wealthy Development Limited (FWDL), received a jail term of three years.
Co-defendants Chan Chi-cheong, 52, Wong Cheuk-fan, 50, Wai Chun-kit, 34, Wai Chun-ho, 35, Cheng Kwok-wah, 57, Cheng Yu-wang, 55, Yau Kwai-chu, 58, Wai Pak-hon, 32, and Ricky Lau Tak-sing, 47, were each jailed for two years and 10 months; while Wan Kwai-lun, 71, and Cheng Hing, 80, were each sentenced to two and a half years’ imprisonment.
In sentencing, Judge Fred Sham Siu-man reprimanded Li for being the mastermind who premeditated the fraud scam with assistance from professionals.
The judge said not only had the defendants conspired to defraud the LD by using false documents, they had also undermined the relevant system. In view of the serious offences they committed, he had to mete out custodial sentences to them.
The defendants were earlier convicted of a total of 22 counts of conspiracy to defraud, contrary to Common Law.
The case arose from a corruption complaint. Subsequent ICAC enquiries revealed the above offences.
The court heard that at the material time, FWDL was a company set up by Li to hold land for property development.
In 2008, Li, through various middlemen, recruited 22 indigenous villagers, including the 11 co-defendants, for using their names in the building licence applications for construction of small houses in Tai Che, Sha Tin. In return, each indigenous villager received monetary rewards (“Ding fee”) ranging from $130,000 to $250,000 from Li.
Acting upon Li’s instruction, the then secretary of FWDL arranged for the indigenous villagers to sign sales and purchase agreements with FWDL, purporting that they were the respective owners of the land lots on which they were applying for construction of small houses. But the indigenous villagers did not actually pay for the land lots.
The court heard that the indigenous villagers also signed secret agreements with FWDL, which stated that they had agreed to transfer ownership of the small houses to FWDL after the small houses were built.
In April 2008, Li arranged the submission of 22 applications to the LD for building licenses, including those of the 11 co-defendants.
Had the LD known the secret agreements between FWDL and the indigenous villagers, and that the indigenous villagers were not the actual owners of the land lots on which they applied for construction of the small houses, the LD would not have granted the building licences to them. The LD also considered that it had been deceived, the court was told.
The LD had rendered full assistance to the ICAC during its investigation.
The prosecution was today represented by Senior Assistant Director of Public Prosecutions Jonathan Man and Senior Public Prosecutor Beney Wong, and assisted by ICAC officer Jason See.
David Li Yam-pui, 82, operator of Full Wealthy Development Limited (FWDL), received a jail term of three years.
Co-defendants Chan Chi-cheong, 52, Wong Cheuk-fan, 50, Wai Chun-kit, 34, Wai Chun-ho, 35, Cheng Kwok-wah, 57, Cheng Yu-wang, 55, Yau Kwai-chu, 58, Wai Pak-hon, 32, and Ricky Lau Tak-sing, 47, were each jailed for two years and 10 months; while Wan Kwai-lun, 71, and Cheng Hing, 80, were each sentenced to two and a half years’ imprisonment.
In sentencing, Judge Fred Sham Siu-man reprimanded Li for being the mastermind who premeditated the fraud scam with assistance from professionals.
The judge said not only had the defendants conspired to defraud the LD by using false documents, they had also undermined the relevant system. In view of the serious offences they committed, he had to mete out custodial sentences to them.
The defendants were earlier convicted of a total of 22 counts of conspiracy to defraud, contrary to Common Law.
The case arose from a corruption complaint. Subsequent ICAC enquiries revealed the above offences.
The court heard that at the material time, FWDL was a company set up by Li to hold land for property development.
In 2008, Li, through various middlemen, recruited 22 indigenous villagers, including the 11 co-defendants, for using their names in the building licence applications for construction of small houses in Tai Che, Sha Tin. In return, each indigenous villager received monetary rewards (“Ding fee”) ranging from $130,000 to $250,000 from Li.
Acting upon Li’s instruction, the then secretary of FWDL arranged for the indigenous villagers to sign sales and purchase agreements with FWDL, purporting that they were the respective owners of the land lots on which they were applying for construction of small houses. But the indigenous villagers did not actually pay for the land lots.
The court heard that the indigenous villagers also signed secret agreements with FWDL, which stated that they had agreed to transfer ownership of the small houses to FWDL after the small houses were built.
In April 2008, Li arranged the submission of 22 applications to the LD for building licenses, including those of the 11 co-defendants.
Had the LD known the secret agreements between FWDL and the indigenous villagers, and that the indigenous villagers were not the actual owners of the land lots on which they applied for construction of the small houses, the LD would not have granted the building licences to them. The LD also considered that it had been deceived, the court was told.
The LD had rendered full assistance to the ICAC during its investigation.
The prosecution was today represented by Senior Assistant Director of Public Prosecutions Jonathan Man and Senior Public Prosecutor Beney Wong, and assisted by ICAC officer Jason See.