Senior Technical Officer of ArchSD and company operator in court over fraud and forgery
2016-9-14
A Senior Technical Officer of the Architectural Services Department (ASD) and an operator of an engineering company appeared in the Kowloon City Magistracy today (Wednesday) after being charged by the ICAC with conspiracy to defraud and forgery respectively in relation to a works order project in Kai Tai Development Area.
Chan Kwong-keung, 52, Senior Technical Officer of the ASD, and Cheng Koon-leung, 55, operator of Sel Engineering (HK) Limited (SEL), who were charged on Monday (September 12), respectively faced a charge of conspiracy to defraud, contrary to common law, and four of forgery, contrary to Section 71 of the Crimes Ordinance, in separate cases.
No plea was taken today. Principal Magistrate Peter Law Tak-chuen adjourned both cases to October 26 this year for plea.
The cases arose from a corruption complaint. Subsequent ICAC enquiries revealed the above alleged offences.
At the material time, Able Engineering Company Limited (AECL), a term contractor of the ASD, was issued a works order to build a temporary toilet and four roadside seats in Kai Tak Development Area at Shing Fung Road, Kowloon City. The works order included building four pavilions and a hardwood chair.
In the first case, Chan Kwong-keung, Senior Technical Officer of the ASD, faced a charge of conspiracy to defraud.
The charge alleged that between December 20, 2012 and May 12, 2015, Chan conspired with other persons and an employee of AECL to defraud officers of the ASD.
Chan was alleged to have falsely represented that Exterpark Plus – Elondo hardwood with certificate issued by the Forest Stewardship Council (FSC) was supplied in the works order to build a temporary toilet at Road TD3, Kai Tak; and that the wood used in the works order was covered by a valid certificate issued by the FSC.
Exterpark Plus – Ipe hardwood, which did not bear the FSC certificate, was used instead. However, Chan allegedly caused and induced the officers of the ASD to approve the star rate item application, issue a certificate of completion for the works order, and release the final payment to AECL in the belief that Exterpark Plus – Elondo hardwood was used. The final payment approved by the ASD was said to amount to over $538,000.
In the second case, Cheng Koon-leung, operator of SEL, faced four charges of forgery. SEL was one of the subcontractors of AECL approved by the ASD.
Two of the charges alleged that between December 20, 2012 and June 14, 2013, Cheng made two quotations purportedly issued by two companies for the supply and installation of the hardwood chair to AECL at contract prices of $150,000 and $180,000 respectively, with the intention that he or another should use them to induce an officer of the ASD to accept them as genuine.
The remaining two charges alleged that between September 20, 2013 and January 17, 2015, Cheng made two official receipts of SEL in respect of the receipt of $1.6 million and $98,000 respectively from AECL for the supply and installation of the four pavilions and the hardwood chair by SEL, with the intention that he or another should use them to induce somebody to accept them as genuine.
Chan and Cheng were granted cash bail of $20,000 and $50,000 respectively. They were also ordered not to interfere with prosecution witnesses.
The ASD had rendered full assistance to the ICAC during its investigation.
The prosecution in the above two cases was today represented by ICAC officer Benjamin Ho.
Chan Kwong-keung, 52, Senior Technical Officer of the ASD, and Cheng Koon-leung, 55, operator of Sel Engineering (HK) Limited (SEL), who were charged on Monday (September 12), respectively faced a charge of conspiracy to defraud, contrary to common law, and four of forgery, contrary to Section 71 of the Crimes Ordinance, in separate cases.
No plea was taken today. Principal Magistrate Peter Law Tak-chuen adjourned both cases to October 26 this year for plea.
The cases arose from a corruption complaint. Subsequent ICAC enquiries revealed the above alleged offences.
At the material time, Able Engineering Company Limited (AECL), a term contractor of the ASD, was issued a works order to build a temporary toilet and four roadside seats in Kai Tak Development Area at Shing Fung Road, Kowloon City. The works order included building four pavilions and a hardwood chair.
In the first case, Chan Kwong-keung, Senior Technical Officer of the ASD, faced a charge of conspiracy to defraud.
The charge alleged that between December 20, 2012 and May 12, 2015, Chan conspired with other persons and an employee of AECL to defraud officers of the ASD.
Chan was alleged to have falsely represented that Exterpark Plus – Elondo hardwood with certificate issued by the Forest Stewardship Council (FSC) was supplied in the works order to build a temporary toilet at Road TD3, Kai Tak; and that the wood used in the works order was covered by a valid certificate issued by the FSC.
Exterpark Plus – Ipe hardwood, which did not bear the FSC certificate, was used instead. However, Chan allegedly caused and induced the officers of the ASD to approve the star rate item application, issue a certificate of completion for the works order, and release the final payment to AECL in the belief that Exterpark Plus – Elondo hardwood was used. The final payment approved by the ASD was said to amount to over $538,000.
In the second case, Cheng Koon-leung, operator of SEL, faced four charges of forgery. SEL was one of the subcontractors of AECL approved by the ASD.
Two of the charges alleged that between December 20, 2012 and June 14, 2013, Cheng made two quotations purportedly issued by two companies for the supply and installation of the hardwood chair to AECL at contract prices of $150,000 and $180,000 respectively, with the intention that he or another should use them to induce an officer of the ASD to accept them as genuine.
The remaining two charges alleged that between September 20, 2013 and January 17, 2015, Cheng made two official receipts of SEL in respect of the receipt of $1.6 million and $98,000 respectively from AECL for the supply and installation of the four pavilions and the hardwood chair by SEL, with the intention that he or another should use them to induce somebody to accept them as genuine.
Chan and Cheng were granted cash bail of $20,000 and $50,000 respectively. They were also ordered not to interfere with prosecution witnesses.
The ASD had rendered full assistance to the ICAC during its investigation.
The prosecution in the above two cases was today represented by ICAC officer Benjamin Ho.