Waterworks Inspector of WSD charged with misconduct

2016-8-18

A Waterworks Inspector of the Water Supplies Department (WSD) has been charged by the ICAC today (Thursday) with misconduct in public office by dishonestly assisting two companies in securing 14 purchase orders worth over $420,000 from the department.

Luk Ka-lun, 52, faces a charge of misconduct in public office, contrary to Common Law, and an alternative charge of fraud, contrary to Section 16A(1) the Theft Ordinance.

The defendant will appear in the Kowloon City Magistracy next Monday (August 22) for plea.

The case arose from a corruption complaint referred by the WSD. Subsequent ICAC enquiries revealed the above alleged offences.

At the material time, the defendant was an Assistant Waterworks Inspector of the WSD. He was responsible for handling the procurement of equipment and repair services.

According to the departmental instruction of the WSD, at least two quotations from suppliers were required for a procurement with a value not exceeding $50,000, and the lowest offer should be accepted.

The charge alleges that between October 10, 2011 and December 6, 2012, the defendant, in the course of or in relation to his public office, without reasonable excuse or justification, wilfully and intentionally misconducted himself.

The defendant is alleged to have dishonestly provided the WSD with quotations from only two companies, which were and which he knew to be owned and controlled by a sole proprietor, in respect of its 14 procurement exercises; and falsely represented that the quotations submitted by the two companies were genuinely competitive quotations prepared separately and independently by each of the companies.

The defendant is also alleged to have concealed from and failed to disclose to the WSD that the two companies were both owned and controlled by the sole proprietor; and recommended in all the 14 procurement exercises to his senior officers that the lower offers by either of the companies be accepted.

The alternative charge alleges that during the same period, the defendant dishonestly took the above courses of action together with the sole proprietor, and with intent to defraud, induced staff members in the WSD to place 14 purchase orders with the two companies. The purchase orders were worth over $420,000 in total.

The WSD has rendered full assistance to the ICAC during its investigation.

The defendant has been released on ICAC bail, pending his court appearance next Monday.
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