YLDC member jailed for $147,000 salary payments fraud
2019-3-21
A member of the Yuen Long District Council (YLDC), charged by the ICAC, was today (March 21) sentenced to eight months’ imprisonment at the Tuen Mun Magistracy for defrauding the Home Affairs Department (HAD) of reimbursement of his part-time assistant’s salary payments totalling $147,000.
Man Kwong-ming, 57, was earlier found guilty of one count of fraud, contrary to Section 16A of the Theft Ordinance.
In sentencing, Magistrate Kelly Shui said the defendant had breached the trust placed on him by voters and shown no remorse. The offence he had committed was serious as it lasted over four years.
The magistrate said she reduced the starting point of 12 months in jail to eight months after taking into account his health, willingness to make a repayment to the Government and contribution to society.
The magistrate also rejected an application by the defendant for bail pending his appeal.
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 YLDC. He was entitled to apply for Operating Expenses Reimbursement (OER) which he incurred from executing his duties as a DC member. The claims were processed by the YLDC Secretariat administered by the HAD.
Between February 28, 2012 and June 29, 2016, the defendant falsely represented that a man was employed by him as a part-time assistant to distribute leaflets, post banners and posters, and assist in organising communal activities between January 1, 2012 and January 31, 2016.
The defendant submitted OER application forms and salary receipts to the HAD to evidence that he had paid a monthly salary to the man in a sum of $3,000 each month during that period.
The court heard that investigation revealed the man had never worked as a part-time assistant for the defendant. He had not signed on any of the salary receipts submitted by the defendant to the HAD. The signatures on the salary receipts were not his signatures.
Relying on the forms and salary receipts, the HAD had made reimbursement of the man’s salary to the defendant in a total sum of $147,000.
The HAD had rendered full assistance to the ICAC during its investigation.
The prosecution was today represented by prosecuting counsel Kenny Chan, assisted by ICAC officer Karson Li.
Man Kwong-ming, 57, was earlier found guilty of one count of fraud, contrary to Section 16A of the Theft Ordinance.
In sentencing, Magistrate Kelly Shui said the defendant had breached the trust placed on him by voters and shown no remorse. The offence he had committed was serious as it lasted over four years.
The magistrate said she reduced the starting point of 12 months in jail to eight months after taking into account his health, willingness to make a repayment to the Government and contribution to society.
The magistrate also rejected an application by the defendant for bail pending his appeal.
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 YLDC. He was entitled to apply for Operating Expenses Reimbursement (OER) which he incurred from executing his duties as a DC member. The claims were processed by the YLDC Secretariat administered by the HAD.
Between February 28, 2012 and June 29, 2016, the defendant falsely represented that a man was employed by him as a part-time assistant to distribute leaflets, post banners and posters, and assist in organising communal activities between January 1, 2012 and January 31, 2016.
The defendant submitted OER application forms and salary receipts to the HAD to evidence that he had paid a monthly salary to the man in a sum of $3,000 each month during that period.
The court heard that investigation revealed the man had never worked as a part-time assistant for the defendant. He had not signed on any of the salary receipts submitted by the defendant to the HAD. The signatures on the salary receipts were not his signatures.
Relying on the forms and salary receipts, the HAD had made reimbursement of the man’s salary to the defendant in a total sum of $147,000.
The HAD had rendered full assistance to the ICAC during its investigation.
The prosecution was today represented by prosecuting counsel Kenny Chan, assisted by ICAC officer Karson Li.