ArchSD officer gets five months for $538,000 fraud over works order
2017-3-28
A Senior Technical Officer of the Architectural Services Department (ASD), charged by the ICAC, was today (March 28) sentenced to five months’ imprisonment at the Kowloon City Magistracy for conspiracy to defraud by inducing the ASD to release a payment of over $538,000 to a term contractor in relation to a works order in the Kai Tai Development Area.
Chan Kwong-keung, 53, was earlier found guilty of one count of conspiracy to defraud, contrary to common law.
In sentencing, Deputy Magistrate Mr Eric Yao Kwok-sun said a custodial sentence was imposed on the defendant as the offence constituted a breach of trust.
Upon an application from the defendant, the deputy magistrate granted him cash bail of $50,000 pending his appeal. He was also ordered to surrender his travel documents and not to leave Hong Kong.
The case arose from a corruption complaint. Subsequent ICAC enquiries revealed the above offence.
The court heard that at the material time, the term contractor of the ASD was issued a works order to build a temporary toilet and four roadside seats in the Kai Tak Development Area at Shing Fung Road, Kowloon City.
The works order included building four pavilions and a hardwood chair at Road TD3, Kai Tak.
According to the ASD’s General Specification for Building, all the timbers used in its construction projects must be certified by the Forest Stewardship Council (FSC), an accredited organisation in the United States.
The court heard that between December 20, 2012 and May 12, 2015, the defendant conspired with other persons to defraud officers of the ASD.
The defendant falsely represented that Exterpark Plus – Elondo hardwood with certificate issued by the FSC was supplied in the works order; 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.
As a result, the defendant 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 of over $538,000 to the term contractor in the belief that Exterpark Plus – Elondo hardwood was used, the court was told.
The ASD had rendered full assistance to the ICAC during its investigation.
The prosecution was represented by prosecuting counsel Steven Kwan and assisted by ICAC officer Benjamin Ho.
Chan Kwong-keung, 53, was earlier found guilty of one count of conspiracy to defraud, contrary to common law.
In sentencing, Deputy Magistrate Mr Eric Yao Kwok-sun said a custodial sentence was imposed on the defendant as the offence constituted a breach of trust.
Upon an application from the defendant, the deputy magistrate granted him cash bail of $50,000 pending his appeal. He was also ordered to surrender his travel documents and not to leave Hong Kong.
The case arose from a corruption complaint. Subsequent ICAC enquiries revealed the above offence.
The court heard that at the material time, the term contractor of the ASD was issued a works order to build a temporary toilet and four roadside seats in the Kai Tak Development Area at Shing Fung Road, Kowloon City.
The works order included building four pavilions and a hardwood chair at Road TD3, Kai Tak.
According to the ASD’s General Specification for Building, all the timbers used in its construction projects must be certified by the Forest Stewardship Council (FSC), an accredited organisation in the United States.
The court heard that between December 20, 2012 and May 12, 2015, the defendant conspired with other persons to defraud officers of the ASD.
The defendant falsely represented that Exterpark Plus – Elondo hardwood with certificate issued by the FSC was supplied in the works order; 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.
As a result, the defendant 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 of over $538,000 to the term contractor in the belief that Exterpark Plus – Elondo hardwood was used, the court was told.
The ASD had rendered full assistance to the ICAC during its investigation.
The prosecution was represented by prosecuting counsel Steven Kwan and assisted by ICAC officer Benjamin Ho.