Then NGO chairlady charged by ICAC for using false documents to reimburse expenses in government funded projects
2024-5-2
A then chairlady of a non-governmental organisation (NGO) was charged by the ICAC on Tuesday (April 30) for allegedly using false receipt and quotations to reimburse the expenses in government-funded projects and defrauded three schools of activity payments while working part-time for a drama troupe. The total sum involved was over $40,000.
Yau Ka-hei, 35, former chairlady of Hong Kong Women Christian Council (HKWCC) and former part-time programme officer of Prospects Theatre, faces six charges in total – two of agent using document containing false information with intent to deceive his principal, contrary to section 9(3) of the Prevention of Bribery Ordinance; one of using a copy of a false instrument, contrary to section 74 of the Crimes Ordinance; and three of fraud, contrary to section 16A(1) of the Theft Ordinance.
The defendant was released on ICAC bail, pending her appearance at the Kowloon City Magistrates’ Courts tomorrow (May 3) for plea.
At the material time, the defendant was the chairlady of HKWCC. She was also a part-time programme officer of Prospects Theatre responsible for promoting the drama troupe’s drama programmes to local schools.
Two of the charges are related to a drawing class organised by HKWCC with funding from the Women’s Commission, which required the submission of at least five written quotations obtained in advance for any procurement over $10,000.
It is alleged that between February 2020 and June 2021, the defendant used two documents containing false statements to mislead HKWCC. One of the documents was a receipt purporting that a painting studio had sold 80 picture frames at $12,000. Another one was a quotation record form claiming that five quotations contained in it were obtained before the procurement of the picture frames and that Prospects Theatre quoted the price of the picture frames at $15,000.
The ICAC investigation arose from a corruption complaint involving the procurement concerned. Enquiries revealed that the painting studio had never sold the picture frames, Prospects Theatre had never issued the quotation concerned, and that the four other quotations were obtained after the procurement of the photo frames.
Another charge concerns a workshop on gender identity organised by HKWCC which was granted funding by the Constitutional and Mainland Affairs Bureau (CMAB). According to the CMAB’s guideline, at least two quotations should be obtained in advance for any procurement between $5,000 and $50,000.
It is alleged that in February 2021, the defendant used a copy of a false quotation of Prospects Theatre, with the intention of inducing the CMAB to accept it as genuine, when she applied for reimbursement of the expenses of a video-shooting and editing service under the project.
ICAC enquiries revealed that Prospects Theatre had never issued the quotation and the service was awarded to a production company of the defendant’s then boyfriend at $11,250.
The remaining three charges allege that between August 2016 and November 2018, the defendant falsely represented to a primary school and two secondary schools that three drama projects of the schools were provided by Prospects Theatre and, with intent to defraud, induced the three schools to make payments totalling over $17,000 to the defendant.
It was revealed in ICAC enquires that the projects were not provided by Prospects Theatre. Had the three schools known that the projects were not provided by Prospects Theatre, they would not have paid the fees to the defendant.
The CMAB, the Women’s Commission, HKWCC, Prospects Theatre, and the three schools concerned have rendered full assistance to the ICAC during its investigation into the case.
To assist NGOs to strengthen their corruption prevention capabilities, the ICAC has compiled the Corruption Prevention Guide on Governance and Internal Control for NGOs, covering the corruption risks in key operational areas such as procurement, financial management and provision of services, and providing corresponding corruption prevention measures. NGOs can download the Guide at the ICAC’s Corruption Prevention Advisory Service Web Portal (cpas.icac.hk).
Yau Ka-hei, 35, former chairlady of Hong Kong Women Christian Council (HKWCC) and former part-time programme officer of Prospects Theatre, faces six charges in total – two of agent using document containing false information with intent to deceive his principal, contrary to section 9(3) of the Prevention of Bribery Ordinance; one of using a copy of a false instrument, contrary to section 74 of the Crimes Ordinance; and three of fraud, contrary to section 16A(1) of the Theft Ordinance.
The defendant was released on ICAC bail, pending her appearance at the Kowloon City Magistrates’ Courts tomorrow (May 3) for plea.
At the material time, the defendant was the chairlady of HKWCC. She was also a part-time programme officer of Prospects Theatre responsible for promoting the drama troupe’s drama programmes to local schools.
Two of the charges are related to a drawing class organised by HKWCC with funding from the Women’s Commission, which required the submission of at least five written quotations obtained in advance for any procurement over $10,000.
It is alleged that between February 2020 and June 2021, the defendant used two documents containing false statements to mislead HKWCC. One of the documents was a receipt purporting that a painting studio had sold 80 picture frames at $12,000. Another one was a quotation record form claiming that five quotations contained in it were obtained before the procurement of the picture frames and that Prospects Theatre quoted the price of the picture frames at $15,000.
The ICAC investigation arose from a corruption complaint involving the procurement concerned. Enquiries revealed that the painting studio had never sold the picture frames, Prospects Theatre had never issued the quotation concerned, and that the four other quotations were obtained after the procurement of the photo frames.
Another charge concerns a workshop on gender identity organised by HKWCC which was granted funding by the Constitutional and Mainland Affairs Bureau (CMAB). According to the CMAB’s guideline, at least two quotations should be obtained in advance for any procurement between $5,000 and $50,000.
It is alleged that in February 2021, the defendant used a copy of a false quotation of Prospects Theatre, with the intention of inducing the CMAB to accept it as genuine, when she applied for reimbursement of the expenses of a video-shooting and editing service under the project.
ICAC enquiries revealed that Prospects Theatre had never issued the quotation and the service was awarded to a production company of the defendant’s then boyfriend at $11,250.
The remaining three charges allege that between August 2016 and November 2018, the defendant falsely represented to a primary school and two secondary schools that three drama projects of the schools were provided by Prospects Theatre and, with intent to defraud, induced the three schools to make payments totalling over $17,000 to the defendant.
It was revealed in ICAC enquires that the projects were not provided by Prospects Theatre. Had the three schools known that the projects were not provided by Prospects Theatre, they would not have paid the fees to the defendant.
The CMAB, the Women’s Commission, HKWCC, Prospects Theatre, and the three schools concerned have rendered full assistance to the ICAC during its investigation into the case.
To assist NGOs to strengthen their corruption prevention capabilities, the ICAC has compiled the Corruption Prevention Guide on Governance and Internal Control for NGOs, covering the corruption risks in key operational areas such as procurement, financial management and provision of services, and providing corresponding corruption prevention measures. NGOs can download the Guide at the ICAC’s Corruption Prevention Advisory Service Web Portal (cpas.icac.hk).