Woman jailed for defrauding $788,000 government allowances and perverting public justice
2018-11-2
A woman, charged by the ICAC, was today (November 2) sentenced to 22 months and two weeks’ imprisonment at the District Court for defrauding the International Social Service Hong Kong Branch (ISS) of government allowances totalling over $788,000 by falsely representing as a landlord of its service users and perverting public justice.
Jane Chan, 44, a clerk, earlier pleaded guilty to two charges – one of fraud, contrary to Section 16A of the Theft Ordinance; and one of doing an act tending and intended to pervert the course of public justice, contrary to Common Law.
In sentencing, Deputy Judge Ms Amy Chan Wai-mun said she meted out a deterrent custodial sentence to the defendant as the fraud, which lasted five and a half years and involved nearly $800,000, undermined public confidence in the government allowances system.
The deputy judge added that she reduced the defendant’s jail term to 22 months and two weeks after taking into account various factors, including her guilty plea and assistance rendered to the prosecution in testifying against defendants in two other cases.
The case arose from a corruption complaint. Subsequent ICAC enquiries revealed the above offences.
The court heard that since 2006, ISS, a non-governmental organisation, has been entrusted by the Social Welfare Department to provide assistance-in-kind, including rental allowances and allowances on utilities charges, to its service users – asylum seekers and torture claimants (ASTCs).
Between July 31, 2008 and February 20, 2014, Chan falsely represented to ISS that she was the landlord of 27 ASTCs of ISS in relation to addresses as stated on the Landlord Information Forms (LIFs) which were attached with the relevant tenancy agreements and submitted to ISS.
With intent to defraud, Chan induced ISS to release and deposit rental allowances and allowances on utilities charges of over $788,000 in total into her bank account.
The court heard that between May 1, 2011 and February 20, 2014, Ng Chun-lam, a transport worker, falsely represented to ISS that he was the landlord of 19 ASTCs of ISS in relation to addresses as stated on the LIFs which were attached with the relevant tenancy agreements and submitted to ISS.
With intent to defraud, Ng induced ISS to release and deposit rental allowances and allowances on utilities charges of over $406,000 in total into his bank account.
Chan was arrested by the ICAC on January 15, 2014. On or about 10 days later, Chan visited a premises in Fanling and requested a female tenant to falsely represent to other people that the tenant had leased out to Chan the premises which Chan had in turn sub-let to ASTCs registered with ISS. The tenant turned down the request immediately, the court was told.
Ng, 38, who was also charged by the ICAC for his role in the case, earlier pleaded guilty to one count of fraud. He was jailed for 18 months.
ISS had rendered full assistance to the ICAC during its investigation.
The prosecution was today represented by Senior Public Prosecutor Winnie Mok, assisted by ICAC officer Victor Lee.
Jane Chan, 44, a clerk, earlier pleaded guilty to two charges – one of fraud, contrary to Section 16A of the Theft Ordinance; and one of doing an act tending and intended to pervert the course of public justice, contrary to Common Law.
In sentencing, Deputy Judge Ms Amy Chan Wai-mun said she meted out a deterrent custodial sentence to the defendant as the fraud, which lasted five and a half years and involved nearly $800,000, undermined public confidence in the government allowances system.
The deputy judge added that she reduced the defendant’s jail term to 22 months and two weeks after taking into account various factors, including her guilty plea and assistance rendered to the prosecution in testifying against defendants in two other cases.
The case arose from a corruption complaint. Subsequent ICAC enquiries revealed the above offences.
The court heard that since 2006, ISS, a non-governmental organisation, has been entrusted by the Social Welfare Department to provide assistance-in-kind, including rental allowances and allowances on utilities charges, to its service users – asylum seekers and torture claimants (ASTCs).
Between July 31, 2008 and February 20, 2014, Chan falsely represented to ISS that she was the landlord of 27 ASTCs of ISS in relation to addresses as stated on the Landlord Information Forms (LIFs) which were attached with the relevant tenancy agreements and submitted to ISS.
With intent to defraud, Chan induced ISS to release and deposit rental allowances and allowances on utilities charges of over $788,000 in total into her bank account.
The court heard that between May 1, 2011 and February 20, 2014, Ng Chun-lam, a transport worker, falsely represented to ISS that he was the landlord of 19 ASTCs of ISS in relation to addresses as stated on the LIFs which were attached with the relevant tenancy agreements and submitted to ISS.
With intent to defraud, Ng induced ISS to release and deposit rental allowances and allowances on utilities charges of over $406,000 in total into his bank account.
Chan was arrested by the ICAC on January 15, 2014. On or about 10 days later, Chan visited a premises in Fanling and requested a female tenant to falsely represent to other people that the tenant had leased out to Chan the premises which Chan had in turn sub-let to ASTCs registered with ISS. The tenant turned down the request immediately, the court was told.
Ng, 38, who was also charged by the ICAC for his role in the case, earlier pleaded guilty to one count of fraud. He was jailed for 18 months.
ISS had rendered full assistance to the ICAC during its investigation.
The prosecution was today represented by Senior Public Prosecutor Winnie Mok, assisted by ICAC officer Victor Lee.