Couple in court for fraud over glass testing and welding test reports
2018-5-8
A former deputy manager of an accredited laboratory and his wife appeared in the Eastern Magistracy today (May 8) after being charged by the ICAC with conspiracy to defraud the accredited laboratory by engaging the service of a glass testing company without disclosing his interest in it, while the deputy manager also faced charges of fraud for making false representations on welding test reports and a claim of expenses.
Ching Yue-fung, 36, former deputy technical manager of Wilson Standard Test-Consult Limited (WSTL), and his wife Maggie Li Ka-man, 32, proprietor of SAMA Engineering Company (SEC), who were charged last Friday (May 4), faced a joint charge of conspiracy to defraud, contrary to Common Law.
Ching alone faced two charges of fraud, contrary to Section 16A of the Theft Ordinance.
No plea was taken today. Principal Magistrate Mr Peter Law Tak-chuen transferred the case to the District Court for plea on May 29.
The case arose from a corruption complaint. Subsequent ICAC enquiries revealed the above alleged offences.
At the material time, Ching was the deputy technical manager cum approved operator of WSTL, an accredited laboratory under the Hong Kong Laboratory Accreditation Scheme of the Hong Kong Accreditation Service, which provides accredited testing services on various construction materials to its customers.
While employed by WSTL, Ching was responsible for supervising testing procedures and conducting accredited tests. In March 2015, Li, wife of Ching, set up SEC, a glass testing company.
The joint charge alleged that between March 31, 2015 and January 2, 2016, Ching and Li conspired together and with another proprietor of SEC to defraud WSTL by dishonestly failing to disclose Ching’s interest in SEC while he was an employee of WSTL and was under a duty to make full disclosure of any existing or potential conflict with its interest, thereby causing WSTL to engage SEC for glass testing service.
ICAC enquiries revealed that WSTL awarded to SEC 159 glass testing orders involving service fees totalling about $414,000.
Another charge alleged between November 1 and 30, 2015, Ching falsely represented to WSTL that he had performed the tests at the workshop in Huizhou on the Mainland and on the dates as shown on the relevant work order confirmations and/or worksheets submitted by him, and with intent to defraud, induced WSTL to prepare and submit test reports to a customer of WSTL, which resulted in prejudice to WSTL. ICAC enquiries revealed that 266 test reports were submitted to that customer.
The remaining charge alleged that on an unknown date in November 2015, Ching falsely represented to WSTL that expenses had been incurred by him for test work carried out on behalf of the customer of WSTL, and with intent to defraud, induced WSTL not to recover an advanced payment of $5,000 from him, which resulted in benefit to Ching or prejudice to WSTL.
The defendants were each granted cash bail of $5,000, and ordered not to contact prosecution witnesses directly or indirectly.
WSTL had rendered full assistance to the ICAC during its investigation into the case.
The prosecution was today represented by ICAC officer Justin Tung.
Ching Yue-fung, 36, former deputy technical manager of Wilson Standard Test-Consult Limited (WSTL), and his wife Maggie Li Ka-man, 32, proprietor of SAMA Engineering Company (SEC), who were charged last Friday (May 4), faced a joint charge of conspiracy to defraud, contrary to Common Law.
Ching alone faced two charges of fraud, contrary to Section 16A of the Theft Ordinance.
No plea was taken today. Principal Magistrate Mr Peter Law Tak-chuen transferred the case to the District Court for plea on May 29.
The case arose from a corruption complaint. Subsequent ICAC enquiries revealed the above alleged offences.
At the material time, Ching was the deputy technical manager cum approved operator of WSTL, an accredited laboratory under the Hong Kong Laboratory Accreditation Scheme of the Hong Kong Accreditation Service, which provides accredited testing services on various construction materials to its customers.
While employed by WSTL, Ching was responsible for supervising testing procedures and conducting accredited tests. In March 2015, Li, wife of Ching, set up SEC, a glass testing company.
The joint charge alleged that between March 31, 2015 and January 2, 2016, Ching and Li conspired together and with another proprietor of SEC to defraud WSTL by dishonestly failing to disclose Ching’s interest in SEC while he was an employee of WSTL and was under a duty to make full disclosure of any existing or potential conflict with its interest, thereby causing WSTL to engage SEC for glass testing service.
ICAC enquiries revealed that WSTL awarded to SEC 159 glass testing orders involving service fees totalling about $414,000.
Another charge alleged between November 1 and 30, 2015, Ching falsely represented to WSTL that he had performed the tests at the workshop in Huizhou on the Mainland and on the dates as shown on the relevant work order confirmations and/or worksheets submitted by him, and with intent to defraud, induced WSTL to prepare and submit test reports to a customer of WSTL, which resulted in prejudice to WSTL. ICAC enquiries revealed that 266 test reports were submitted to that customer.
The remaining charge alleged that on an unknown date in November 2015, Ching falsely represented to WSTL that expenses had been incurred by him for test work carried out on behalf of the customer of WSTL, and with intent to defraud, induced WSTL not to recover an advanced payment of $5,000 from him, which resulted in benefit to Ching or prejudice to WSTL.
The defendants were each granted cash bail of $5,000, and ordered not to contact prosecution witnesses directly or indirectly.
WSTL had rendered full assistance to the ICAC during its investigation into the case.
The prosecution was today represented by ICAC officer Justin Tung.