Chief Technical Officer and subcontractor of HyD jailed for bribery
2018-5-14
A Chief Technical Officer (CTO) and a subcontractor of the Highways Department (HyD), charged by the ICAC, were today (May 14) each sentenced to six months’ imprisonment at the Kwun Tong Magistracy after being convicted respectively of accepting and offering a bribe of $50,000 in relation to maintenance works.
Chan Yiu-wai, 60, CTO of the HyD, was found guilty of one count of public servant accepting an advantage, contrary to Section 4(2)(a) of the Prevention of Bribery Ordinance (POBO).
Co-defendant Cheng Cho-yee, 58, director-cum-shareholder of Win Union Engineering Limited (WUEL) and Wai Fuk Engineering Limited (WFEL), was convicted of one count of offering an advantage to a public servant, contrary to Section 4(1)(a) of the POBO.
In convicting the duo, Deputy Magistrate Mr Andrew Mok Tze-chung said the bribe, offered by Cheng and accepted by Chan, could be regarded as a general sweetener.
Upon the applications from the defendants, the deputy magistrate granted them each cash bail of $35,000, pending their appeals.
The court heard that at the material time, Chan was a CTO of the HyD posted to its Structures Maintenance Section of Urban Region. He was responsible for supervising and monitoring the maintenance works of public roads, slopes, highways and highways structures in Kwun Tong District, including the recommendation and approval of maintenance works orders.
Cheng was the director-cum-shareholder of WUEL and WFEL, which were subcontracted by a term contractor of the HyD to provide labour and materials for the road works in Kwun Tong District and Wong Tai Sin District. The term contractor also appointed him as site agent to oversee those road works sites.
Between June 8, 2012 and September 8, 2015, the term contractor received works orders for road maintenance works in Kowloon East District, namely Kwun Tong, Wong Tai Sin, Kowloon City, Kowloon Bay and Hung Hom, for a total sum of about $210 million.
On or about September 8, 2015, Chan submitted the application for a repair project in the Tseung Kwan O Tunnel Road at about $2 million to his supervisor. The project, if approved, would be carried out by the companies of Cheng.
The court heard that Chan and Cheng left Hong Kong for Mainland China through the Lo Wu Terminal at around 6pm on September 8, 2015.
Chan was arrested by ICAC officers when he returned to Hong Kong at about 2:30am the following day. An envelope containing 50 $1,000 banknotes in five wads tied up with a rubber band, totalling $50,000, was seized from Chan.
Tests by the Government Laboratory confirmed that Cheng’s DNA was found on the envelope, the rubber band and some of the banknotes, the court was told.
The HyD has rendered full assistance to the ICAC during its investigation.
The prosecution was today represented by Acting Senior Assistant Director of Public Prosecutions David Chan and Senior Public Prosecutor Andrew Cheng, assisted by ICAC officer Hazel Wong.
Chan Yiu-wai, 60, CTO of the HyD, was found guilty of one count of public servant accepting an advantage, contrary to Section 4(2)(a) of the Prevention of Bribery Ordinance (POBO).
Co-defendant Cheng Cho-yee, 58, director-cum-shareholder of Win Union Engineering Limited (WUEL) and Wai Fuk Engineering Limited (WFEL), was convicted of one count of offering an advantage to a public servant, contrary to Section 4(1)(a) of the POBO.
In convicting the duo, Deputy Magistrate Mr Andrew Mok Tze-chung said the bribe, offered by Cheng and accepted by Chan, could be regarded as a general sweetener.
Upon the applications from the defendants, the deputy magistrate granted them each cash bail of $35,000, pending their appeals.
The court heard that at the material time, Chan was a CTO of the HyD posted to its Structures Maintenance Section of Urban Region. He was responsible for supervising and monitoring the maintenance works of public roads, slopes, highways and highways structures in Kwun Tong District, including the recommendation and approval of maintenance works orders.
Cheng was the director-cum-shareholder of WUEL and WFEL, which were subcontracted by a term contractor of the HyD to provide labour and materials for the road works in Kwun Tong District and Wong Tai Sin District. The term contractor also appointed him as site agent to oversee those road works sites.
Between June 8, 2012 and September 8, 2015, the term contractor received works orders for road maintenance works in Kowloon East District, namely Kwun Tong, Wong Tai Sin, Kowloon City, Kowloon Bay and Hung Hom, for a total sum of about $210 million.
On or about September 8, 2015, Chan submitted the application for a repair project in the Tseung Kwan O Tunnel Road at about $2 million to his supervisor. The project, if approved, would be carried out by the companies of Cheng.
The court heard that Chan and Cheng left Hong Kong for Mainland China through the Lo Wu Terminal at around 6pm on September 8, 2015.
Chan was arrested by ICAC officers when he returned to Hong Kong at about 2:30am the following day. An envelope containing 50 $1,000 banknotes in five wads tied up with a rubber band, totalling $50,000, was seized from Chan.
Tests by the Government Laboratory confirmed that Cheng’s DNA was found on the envelope, the rubber band and some of the banknotes, the court was told.
The HyD has rendered full assistance to the ICAC during its investigation.
The prosecution was today represented by Acting Senior Assistant Director of Public Prosecutions David Chan and Senior Public Prosecutor Andrew Cheng, assisted by ICAC officer Hazel Wong.