Wong Tai Sin DC member jailed for $15,000 salary payments fraud
2018-11-22
A member of the Wong Tai Sin District Council (DC), charged by the ICAC, was today (November 22) sentenced to two months and three weeks’ imprisonment at the Kowloon City Magistracy after being convicted of defrauding the Home Affairs Department (HAD) of reimbursement of his part-time assistant’s salary payments totalling $15,000.
Joe Chan Yim-kwong, 48, was found guilty of one count of fraud, contrary to Section 16A of the Theft Ordinance.
In sentencing, Magistrate Ms Amy Chan Wai-mun said the fraud committed by the defendant was serious in nature as it not only tainted the DC, but also made him fail to live up to expectations of the public. Imprisonment was the only appropriate sentence for him.
The magistrate said she reduced the starting point of three months in jail to two months and three weeks after taking into account the defendant’s public service and his clear record.
The magistrate also ordered the defendant to pay $15,000 as compensation to the Government.
The case arose from a corruption complaint. Subsequent ICAC enquiries revealed the above offence.
The court heard that at the material time, the defendant was a member of the Wong Tai Sin DC. He employed a woman as his part-time assistant at a monthly salary of $5,000 for the period between January and December 2016. In March 2016, the woman tendered her resignation.
Between May 5 and July 12, 2016, the defendant falsely represented that the woman was employed by him as a part-time assistant between April and June 2016; and submitted to the HAD Operating Expenses Reimbursements applications to evidence that he had paid a monthly salary to the woman in the sum of $5,000 each month.
With intent to defraud, the defendant induced staff members of the HAD to approve the applications and pay a total of $15,000 as reimbursement of the operating expenses into his bank account, the court was told.
The HAD had rendered full assistance to the ICAC during its investigation.
The prosecution was today represented by prosecuting counsel Stephen Ma, assisted by ICAC officer Alex Ho.
Joe Chan Yim-kwong, 48, was found guilty of one count of fraud, contrary to Section 16A of the Theft Ordinance.
In sentencing, Magistrate Ms Amy Chan Wai-mun said the fraud committed by the defendant was serious in nature as it not only tainted the DC, but also made him fail to live up to expectations of the public. Imprisonment was the only appropriate sentence for him.
The magistrate said she reduced the starting point of three months in jail to two months and three weeks after taking into account the defendant’s public service and his clear record.
The magistrate also ordered the defendant to pay $15,000 as compensation to the Government.
The case arose from a corruption complaint. Subsequent ICAC enquiries revealed the above offence.
The court heard that at the material time, the defendant was a member of the Wong Tai Sin DC. He employed a woman as his part-time assistant at a monthly salary of $5,000 for the period between January and December 2016. In March 2016, the woman tendered her resignation.
Between May 5 and July 12, 2016, the defendant falsely represented that the woman was employed by him as a part-time assistant between April and June 2016; and submitted to the HAD Operating Expenses Reimbursements applications to evidence that he had paid a monthly salary to the woman in the sum of $5,000 each month.
With intent to defraud, the defendant induced staff members of the HAD to approve the applications and pay a total of $15,000 as reimbursement of the operating expenses into his bank account, the court was told.
The HAD had rendered full assistance to the ICAC during its investigation.
The prosecution was today represented by prosecuting counsel Stephen Ma, assisted by ICAC officer Alex Ho.