Family of four in court over public rental housing units fraud

2016-10-22

A family of four appeared in court today (Saturday) after being charged by the ICAC with fraud by subletting a public rental housing (PRH) unit without paying a premium to the Housing Department (HD) and obtaining another PRH unit by deceit respectively.

The defendants, who were charged on Wednesday (October 19) in two cases, were Hui Wai-sheung, 53, mother, Lam Man-wah, 60, father, Lam Wai-chung, 32, son, and Lam Pui-yin, 29, daughter.

The cases arose from a corruption complaint. Subsequent ICAC enquiries revealed the alleged fraud offences concerned.

In the first case, Hui Wai-sheung and Lam Man-wah faced a joint charge of fraud, contrary Section 16A of the Theft Ordinance.

The couple entered no plea when they appeared in the Fanling Magistracy today. Principal Magistrate Ms Woo Huey-fang adjourned the case to November 14 this year for plea.

In September 2004, the couple purchased a PRH unit in Cheung Wah Estate, Fanling under the “Tenants Purchase Scheme”. Under the scheme, a PRH unit is prohibited from being leased out unless its owners obtained approval and paid a premium of the unit to the HD.

The charge alleged that between September 2, 2010 and October 31, 2015, the couple, together with a tenant, falsely represented to the HD that the unit had not been leased to any person; concealed from the HD that the unit had been leased to the tenant; and failed to pay a premium to the HD for leasing the unit to the tenant.

It was alleged that with intent to defraud, the couple induced staff members of the HD to take no action against them for recovering the premium due to the HD arising from the leasing of the unit to the tenant. The premium that should have been paid by the couple was said to range from over $710,000 to about $1.9 million.

In the second case, Lam Wai-chung and Lam Pui-yin faced a joint charge of fraud, contrary Section 16A of the Theft Ordinance.

The siblings entered no plea when they appeared in the Kwun Tong Magistracy today. Principal Magistrate Mr Ernest Lin Kam-hung adjourned the case to November 21 this year for plea.

In February 2009, the siblings and their grandmother were allocated a PRH unit in Sau Mau Ping South Estate under the “Families with Elderly Persons Priority Scheme”. Under the scheme, the HD offers priority to applicants for PRH units in urban districts, provided that the applicants undertake to live with and take care of their elderly family member(s) in the allocated unit.

The charge alleged that between July 2, 2008 and February 26, 2015, the siblings falsely represented to the HD that they had resided with their grandmother in the unit; and concealed from the HD the fact that the grandmother had resided in Caritas Fung Wong Fung Ting Home, an elderly care home, during the period.

It was alleged that with intent to defraud, the siblings induced staff members of the HD to take no enforcement action against them for having breached the undertaking they had executed upon their acquiring the unit from the HD, namely to reside in the unit with their grandmother and take care of her.

The HD had rendered full assistance to the ICAC during its investigation.

The prosecutions in the above two cases were today represented by ICAC officers Pius Chan and Alex Lau respectively.
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