Technical Manager of HKU charged with MIPO and fraud
2017-8-22
A Technical Manager of the University of Hong Kong (HKU) has been charged by the ICAC today (August 22) with misconduct in public office (MIPO) and conspiracy to defraud the university by securing over $841,000 worth of purchase orders and renovation works for a scientific company without disclosing his financial interest in the company.
Yuen Da-baan, 57, faces four charges of MIPO, contrary to Common Law. He also faces a charge of conspiracy to defraud, contrary to Common Law, and an alternative charge of MIPO.
The defendant will appear at the Eastern Magistracy on Thursday (August 24) for transfer of the case to the District Court for plea.
At the material time, the defendant was the Technical Manager of the Faculty of Dentistry (FD) of HKU and the head technical staff of the Centralized Research Laboratories (CRL) under the FD. He was responsible for handling procurement exercises of research materials, laboratory equipment and renovation works of the CRL.
One of the MIPO charges alleges that between March 1, 2013 and June 16, 2016, the defendant, in the course of or in relation to his public office, without reasonable excuse or justification, wilfully and intentionally misconducted himself by arranging and procuring HKU to complete direct purchases with MT Scientific Company (MTSC) in a total sum of over $119,000, without disclosing that he and his sister owned or had a financial interest in MTSC.
Another MIPO charge alleges that between October 29, 2014 and April 16, 2015, the defendant, in the course of or in relation to his public office, without reasonable excuse or justification, wilfully and intentionally misconducted himself by arranging and procuring MTSC to conduct renovation work at $600,000 incidental to the installation of machinery in relation to a tender awarded by HKU to a laboratory technology company; and failing to disclose to HKU that he and his sister owned or had a financial interest in MTSC.
A third charge alleges that between March 1, 2015 and January 6, 2016, the defendant conspired with a then sales executive of a health care company to defraud HKU by arranging and procuring MTSC to conduct renovation work at $51,000 incidental to the installation of machinery in relation to a purchase order awarded by HKU to that company; falsely representing that the quotation price of that company did not include any renovation work; failing to disclose to HKU that he and his sister owned or had a financial interest in MTSC; and causing and inducing HKU to award the purchase order to that company.
The related alternative MIPO charge alleges that during the same period, the defendant, in the course of or in relation to his public office, without reasonable excuse or justification, wilfully and intentionally misconducted himself by arranging and procuring MTSC to conduct renovation work at $51,000 incidental to the installation of machinery in relation to the purchase order awarded by HKU to the health care company; failing to disclose to HKU that he and his sister owned or had a financial interest in MTSC; taking part in processing the procurement exercise of HKU without declaring he had a conflict of interest; and recommending to his senior officers that the bid by that company should be accepted.
The two remaining MIPO charges allege that between August 26 and November 12, 2015, the defendant, in the course of or in relation to his public office, without reasonable excuse or justification, wilfully and intentionally misconducted himself by failing to disclose to HKU that he and his sister owned or had financial interests in MTSC in procurement exercises in relation to two purchase orders awarded by HKU to MTSC for supply of machinery in sums of over $41,000 and over $30,000 respectively; taking part in processing the procurement exercises of HKU without declaring that he had conflicts of interest; and recommending to his senior officers that the bids by MTSC in the procurement exercises should be accepted.
The case arose from a corruption complaint. Subsequent ICAC enquiries revealed the above alleged offences.
HKU has rendered full assistance to the ICAC during its investigation.
The defendant has been released on ICAC bail, pending his court appearance on Thursday.
Yuen Da-baan, 57, faces four charges of MIPO, contrary to Common Law. He also faces a charge of conspiracy to defraud, contrary to Common Law, and an alternative charge of MIPO.
The defendant will appear at the Eastern Magistracy on Thursday (August 24) for transfer of the case to the District Court for plea.
At the material time, the defendant was the Technical Manager of the Faculty of Dentistry (FD) of HKU and the head technical staff of the Centralized Research Laboratories (CRL) under the FD. He was responsible for handling procurement exercises of research materials, laboratory equipment and renovation works of the CRL.
One of the MIPO charges alleges that between March 1, 2013 and June 16, 2016, the defendant, in the course of or in relation to his public office, without reasonable excuse or justification, wilfully and intentionally misconducted himself by arranging and procuring HKU to complete direct purchases with MT Scientific Company (MTSC) in a total sum of over $119,000, without disclosing that he and his sister owned or had a financial interest in MTSC.
Another MIPO charge alleges that between October 29, 2014 and April 16, 2015, the defendant, in the course of or in relation to his public office, without reasonable excuse or justification, wilfully and intentionally misconducted himself by arranging and procuring MTSC to conduct renovation work at $600,000 incidental to the installation of machinery in relation to a tender awarded by HKU to a laboratory technology company; and failing to disclose to HKU that he and his sister owned or had a financial interest in MTSC.
A third charge alleges that between March 1, 2015 and January 6, 2016, the defendant conspired with a then sales executive of a health care company to defraud HKU by arranging and procuring MTSC to conduct renovation work at $51,000 incidental to the installation of machinery in relation to a purchase order awarded by HKU to that company; falsely representing that the quotation price of that company did not include any renovation work; failing to disclose to HKU that he and his sister owned or had a financial interest in MTSC; and causing and inducing HKU to award the purchase order to that company.
The related alternative MIPO charge alleges that during the same period, the defendant, in the course of or in relation to his public office, without reasonable excuse or justification, wilfully and intentionally misconducted himself by arranging and procuring MTSC to conduct renovation work at $51,000 incidental to the installation of machinery in relation to the purchase order awarded by HKU to the health care company; failing to disclose to HKU that he and his sister owned or had a financial interest in MTSC; taking part in processing the procurement exercise of HKU without declaring he had a conflict of interest; and recommending to his senior officers that the bid by that company should be accepted.
The two remaining MIPO charges allege that between August 26 and November 12, 2015, the defendant, in the course of or in relation to his public office, without reasonable excuse or justification, wilfully and intentionally misconducted himself by failing to disclose to HKU that he and his sister owned or had financial interests in MTSC in procurement exercises in relation to two purchase orders awarded by HKU to MTSC for supply of machinery in sums of over $41,000 and over $30,000 respectively; taking part in processing the procurement exercises of HKU without declaring that he had conflicts of interest; and recommending to his senior officers that the bids by MTSC in the procurement exercises should be accepted.
The case arose from a corruption complaint. Subsequent ICAC enquiries revealed the above alleged offences.
HKU has rendered full assistance to the ICAC during its investigation.
The defendant has been released on ICAC bail, pending his court appearance on Thursday.