Eight months’ jail for using false concrete test records over Hong Kong-Zhuhai-Macao Bridge Project
2017-12-1
A former site laboratory technician of a contractor of the Civil Engineering and Development Department (CEDD), charged by the ICAC, was today (December 1) sentenced to eight months’ imprisonment at the Tuen Mun Magistracy for using false records on concrete compression tests arising from the Hong Kong-Zhuhai-Macao Bridge Project with intent to induce an officer of the CEDD to certify those test reports.
Wong Kwok-yiu, 61, former site laboratory technician of Jacobs China Limited (JCL), earlier pleaded guilty to two charges of using false instruments, contrary to Section 73 of the Crimes Ordinance.
In sentencing, Acting Principal Magistrate Madam Ivy Chui Yee-mei said the concrete compression tests conducted by the defendant were of vital importance to the Hong Kong-Zhuhai-Macao Bridge Project. The defendant’s acts had undermined the public interest in ensuring the structural safety of the project. Hence, a custodial sentence was inevitable.
The acting principal magistrate also said she reduced the jail term to eight months from the starting point of 12 months after taking into account the defendant’s guilty plea.
The court heard that at the material time, the defendant was employed by JCL as site laboratory technician to work at the Public Works Regional Laboratory at Siu Ho Wan. He was responsible for conducting construction material compliance tests, including concrete cube compression tests (CCCTs).
The laboratory was established by the CEDD in late 2012 to meet the increased demand for construction material compliance tests arising from the construction of the Hong Kong-Zhuhai-Macao Bridge. The management and operation of the laboratory were outsourced to JCL under a consultancy agreement.
A Principal Technical Officer (PTO) of the CEDD was posted to the laboratory to oversee the services provided by JCL and to act as the Approved Signatory for issuing accredited reports on the tests conducted at the laboratory under the Hong Kong Laboratory Accreditation Scheme (HOKLAS).
According to the required procedures, the defendant would place the concrete sample cube inside a compression machine connecting to a computer when he was performing a CCCT. He would then operate the computer and apply load to the cube at an appropriate rate until it was crushed.
Upon completion, the machine would automatically generate a record slip recording the test result. After recording accurately the test result on a worksheet and sign on it, the defendant should cause the test result to be input into a computer system for generating a checklist.
The court heard that on two occasions between September 1, 2012 and June 30, 2015, the defendant had falsely used a high strength concrete cube to simulate CCCTs in order to replace the test results of two original tests which had been performed unsatisfactorily due to his poor workmanship – either having applied a wrong loading rate or using a wrong cube for testing.
As a result of the two simulated CCCTs, two sets of supporting documents, including record slips, worksheets and checklists containing false test results, were produced. Based on these supporting documents, two test reports were generated.
The defendant had caused submission of the two test reports and their supporting documents containing false information to the PTO, via his supervisor, to induce him to accept them as genuine, thereby causing him to endorse the issue of two HOKLAS accredited test reports in relation to the CCCTs concerned, the court was told.
The case arose from a corruption complaint referred by the CEDD, which, together with the Highways Department and the Transport and Housing Bureau, had rendered full assistance to the ICAC during its investigation.
The prosecution was today represented by ICAC officer Wilson Lai.
Wong Kwok-yiu, 61, former site laboratory technician of Jacobs China Limited (JCL), earlier pleaded guilty to two charges of using false instruments, contrary to Section 73 of the Crimes Ordinance.
In sentencing, Acting Principal Magistrate Madam Ivy Chui Yee-mei said the concrete compression tests conducted by the defendant were of vital importance to the Hong Kong-Zhuhai-Macao Bridge Project. The defendant’s acts had undermined the public interest in ensuring the structural safety of the project. Hence, a custodial sentence was inevitable.
The acting principal magistrate also said she reduced the jail term to eight months from the starting point of 12 months after taking into account the defendant’s guilty plea.
The court heard that at the material time, the defendant was employed by JCL as site laboratory technician to work at the Public Works Regional Laboratory at Siu Ho Wan. He was responsible for conducting construction material compliance tests, including concrete cube compression tests (CCCTs).
The laboratory was established by the CEDD in late 2012 to meet the increased demand for construction material compliance tests arising from the construction of the Hong Kong-Zhuhai-Macao Bridge. The management and operation of the laboratory were outsourced to JCL under a consultancy agreement.
A Principal Technical Officer (PTO) of the CEDD was posted to the laboratory to oversee the services provided by JCL and to act as the Approved Signatory for issuing accredited reports on the tests conducted at the laboratory under the Hong Kong Laboratory Accreditation Scheme (HOKLAS).
According to the required procedures, the defendant would place the concrete sample cube inside a compression machine connecting to a computer when he was performing a CCCT. He would then operate the computer and apply load to the cube at an appropriate rate until it was crushed.
Upon completion, the machine would automatically generate a record slip recording the test result. After recording accurately the test result on a worksheet and sign on it, the defendant should cause the test result to be input into a computer system for generating a checklist.
The court heard that on two occasions between September 1, 2012 and June 30, 2015, the defendant had falsely used a high strength concrete cube to simulate CCCTs in order to replace the test results of two original tests which had been performed unsatisfactorily due to his poor workmanship – either having applied a wrong loading rate or using a wrong cube for testing.
As a result of the two simulated CCCTs, two sets of supporting documents, including record slips, worksheets and checklists containing false test results, were produced. Based on these supporting documents, two test reports were generated.
The defendant had caused submission of the two test reports and their supporting documents containing false information to the PTO, via his supervisor, to induce him to accept them as genuine, thereby causing him to endorse the issue of two HOKLAS accredited test reports in relation to the CCCTs concerned, the court was told.
The case arose from a corruption complaint referred by the CEDD, which, together with the Highways Department and the Transport and Housing Bureau, had rendered full assistance to the ICAC during its investigation.
The prosecution was today represented by ICAC officer Wilson Lai.