Four jailed for medical expenses fraud
2015-1-27
Two Ambulancemen of the Fire Services Department (FSD) and two Chinese medicine practitioners (CMPs), charged by the ICAC, were today (Tuesday) sentenced to jail terms up to 11 months at the Kwun Tong Magistracy for conspiracy to use false prescriptions and payment receipts to defraud the FSD and an insurance company of medical expenses totalling over $72,000.
Lam Kwok-keung and Tam Chun-hing, both 55 and Ambulancemen of the FSD, were jailed for 11 months and nine months respectively. Lie Pok-ha, 73, registered CMP, received a jail term of eight months, while another registered CMP, Ho Wing-kam, 66, was jailed for seven months.
In sentencing, Principal Magistrate Mr Ernest Lin Kam-hung said custodial sentences were appropriate for the four defendants in view of the serious offences committed by them.
The magistrate added that the offences committed by Lam and Tam lasted a long period of time and constituted a serious breach of trust, while Lie and Ho knew that Lam and Tam would use those false documents to deceive medical expenses from the FSD and/or the insurance company.
The four defendants were earlier found guilty of 30 counts of conspiracy to defraud, contrary to the Common Law.
The case arose from a corruption complaint referred by the FSD. Subsequent ICAC enquiries revealed the above conspiracy offences.
The court heard that at the material times, Lam and Tam were Ambulancemen posted to Lam Tin Ambulance Depot and Tai Chik Sha Ambulance Depot of the FSD respectively. Lie and Ho were both registered CMPs practising at Wing Wah Dispensary in Yau Tong.
Lam and Tam sustained injuries while they were on duty in November 2010 and March 2011 respectively. Subsequently, they were diagnosed to suffer from back sprain.
Government employees, including staff members of the FSD, who have sustained injuries-on-duty or suffered from occupational diseases, are eligible to claim reimbursements of medical expenses incurred for direct out-patient treatment by registered CMPs at a maximum daily rate of $200.
The court heard that between January 2011 and December 2012, Lam falsely represented to the FSD that he had attended three and 14 medical consultations with Ho and Lie respectively.
Tam made similar false representations to the FSD between September 2011 and April 2012 that he had attended seven medical consultations with Lie.
Lam and Tam also falsely represented to the FSD that they had purchased herbal medicine from the dispensary; and were entitled to claim for reimbursements of medical expenses so incurred.
To make their claims, Lam and Tam submitted to the FSD false prescriptions issued by Lie and Ho and false payment receipts of the dispensary as supporting documents. As a result of their conspiracies, the FSD was dishonestly caused to pay Lam and Tam a total of $46,400 and $21,200 as reimbursements of medical expenses respectively.
The court heard that between March 2011 and December 2012, Lam falsely represented to Bupa (Asia) Limited (Bupa), an insurance company, that he had attended one and five medical consultations with Ho and Lie respectively; had paid the dispensary for medical consultations and herbal medicine; and was entitled to claim for reimbursements of medical expenses.
As a result of their conspiracies, Bupa was dishonestly caused to pay Lam a total of $4,480 as reimbursements of medical expenses.
Records of the Immigration Department revealed that Lam and Tam were outside Hong Kong on the purported consultation dates, the court was told.
The FSD and Bupa had rendered full assistance to the ICAC during the investigation.
The prosecution was today represented by prosecuting counsel Liza Yip, assisted by ICAC officer Stephen Leung.
Lam Kwok-keung and Tam Chun-hing, both 55 and Ambulancemen of the FSD, were jailed for 11 months and nine months respectively. Lie Pok-ha, 73, registered CMP, received a jail term of eight months, while another registered CMP, Ho Wing-kam, 66, was jailed for seven months.
In sentencing, Principal Magistrate Mr Ernest Lin Kam-hung said custodial sentences were appropriate for the four defendants in view of the serious offences committed by them.
The magistrate added that the offences committed by Lam and Tam lasted a long period of time and constituted a serious breach of trust, while Lie and Ho knew that Lam and Tam would use those false documents to deceive medical expenses from the FSD and/or the insurance company.
The four defendants were earlier found guilty of 30 counts of conspiracy to defraud, contrary to the Common Law.
The case arose from a corruption complaint referred by the FSD. Subsequent ICAC enquiries revealed the above conspiracy offences.
The court heard that at the material times, Lam and Tam were Ambulancemen posted to Lam Tin Ambulance Depot and Tai Chik Sha Ambulance Depot of the FSD respectively. Lie and Ho were both registered CMPs practising at Wing Wah Dispensary in Yau Tong.
Lam and Tam sustained injuries while they were on duty in November 2010 and March 2011 respectively. Subsequently, they were diagnosed to suffer from back sprain.
Government employees, including staff members of the FSD, who have sustained injuries-on-duty or suffered from occupational diseases, are eligible to claim reimbursements of medical expenses incurred for direct out-patient treatment by registered CMPs at a maximum daily rate of $200.
The court heard that between January 2011 and December 2012, Lam falsely represented to the FSD that he had attended three and 14 medical consultations with Ho and Lie respectively.
Tam made similar false representations to the FSD between September 2011 and April 2012 that he had attended seven medical consultations with Lie.
Lam and Tam also falsely represented to the FSD that they had purchased herbal medicine from the dispensary; and were entitled to claim for reimbursements of medical expenses so incurred.
To make their claims, Lam and Tam submitted to the FSD false prescriptions issued by Lie and Ho and false payment receipts of the dispensary as supporting documents. As a result of their conspiracies, the FSD was dishonestly caused to pay Lam and Tam a total of $46,400 and $21,200 as reimbursements of medical expenses respectively.
The court heard that between March 2011 and December 2012, Lam falsely represented to Bupa (Asia) Limited (Bupa), an insurance company, that he had attended one and five medical consultations with Ho and Lie respectively; had paid the dispensary for medical consultations and herbal medicine; and was entitled to claim for reimbursements of medical expenses.
As a result of their conspiracies, Bupa was dishonestly caused to pay Lam a total of $4,480 as reimbursements of medical expenses.
Records of the Immigration Department revealed that Lam and Tam were outside Hong Kong on the purported consultation dates, the court was told.
The FSD and Bupa had rendered full assistance to the ICAC during the investigation.
The prosecution was today represented by prosecuting counsel Liza Yip, assisted by ICAC officer Stephen Leung.