Ex-chef of lunchbox supplier admits wage fraud over false attendance

2019-9-25

A former part-time chef of a lunchbox supplier for local schools, charged by the ICAC, admitted at the Shatin Magistracy today (September 25) that he had conspired with a head chef to defraud the company of wages totalling $4,550 by falsifying his attendance record.

Chan Wai-sing, 42, former part-time chef of Macy’s Food and Services Limited (MFS), pleaded guilty to one count of conspiracy to defraud, contrary to Common Law.

Acting Principal Magistrate Mr Ko Wai-hung adjourned the case to November 6 for mitigation and sentence, and granted the defendant cash bail.

The case arose from a corruption complaint. Subsequent ICAC enquiries revealed the above offence.

The court heard that at the material time, Chan was a part-time chef working at a central kitchen of MFS, which supplied lunchboxes to local schools. A head chef was responsible for overseeing the operation of the kitchen and arranging work schedule for chefs, including Chan.

Timecards were used to record attendance of chefs, who did not have any fixed working hours. Wages of part-time chefs were calculated on a daily basis.

The court heard that Chan’s timecard was punched on seven days between July 13 and 31, 2017 when he was not in Hong Kong. The total amount of wages involved was $4,550.

When interviewed under caution by ICAC officers in July 2018, Chan admitted that he acceded to the head chef’s request for borrowing his timecard for punching while he was not at work.

Chan claimed that he had worked on two of the abovementioned seven days, and gave the wages of the remaining five days, totalling $3,250, to the head chef.

Meanwhile, Lo Tsan-pang, 60, another former part-time chef of MFS, also appeared at the Shatin Magistracy in a separate case today after being charged by the ICAC for his alleged role in a similar false attendance fraud.

Lo did not enter a plea to one count of conspiracy to defraud, contrary to Common Law. His case was adjourned to November 20 for plea. He was granted cash bail.

MFS has rendered full assistance to the ICAC during its investigation into the two cases.

The prosecution was today represented by ICAC officer Pius Chan in the two cases.
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