Management services contractor employees admit roles in false employment proof scam
2019-10-17
Two employees of a management services contractor of the Agriculture, Fisheries and Conservation Department (AFCD), charged by the ICAC, admitted at the Eastern Magistracy today (October 17) their roles in a conspiracy to use a false employment proof to support the promotion of an employee despite his insufficient working experience.
Lam Yin-kiu, 43, and Pok Lai-lee, 38, respectively then chief property manager and then property manager of China Overseas Property Services Limited (COPS); pleaded guilty to a joint charge of conspiracy to use a copy of a false instrument, contrary to Sections 74 and 159A of the Crimes Ordinance. Lam also pleaded guilty to one count of using a copy of a false instrument, contrary to Section 74 of the Crimes Ordinance.
Principal Magistrate Ms Bina Chainrai adjourned the case to November 7 for sentence, pending probation and community service order reports. Lam and Pok were granted bail.
The principal magistrate also imposed a 12-month bind over order on co-defendant Lee Tai-kwan, 44, director cum shareholder of Lee’s Cleaning Services Company Limited (Lee’s Cleaning), after the prosecution offered no evidence to the joint charge of conspiracy to use a copy of a false instrument against him.
The case arose from a corruption complaint. Subsequent ICAC enquiries revealed the above offences.
The court heard that in June 2015, COPS was awarded a five-year contract by the AFCD for the provision of cleansing, security and management services at the Western Wholesale Food Market. COPS was required to provide sufficient “management supervisors” and “management members” for each work shift.
According to the contract, if COPS failed to provide the required manpower for a certain shift, its monthly service fee would be deducted. In the event of non-compliance with the contract terms, the AFCD might also consider issuing warning letters to or terminating the contract with COPS.
At the material time, Lam and Pok were respectively chief property manager and property manager of COPS. Lee was the director cum shareholder of Lee’s Cleaning.
In July 2015, Tsui Chi-ho was employed by COPS as assistant property officer. At that time, he had only 23 months of working experience in the property management field, supported by three employment certification letters (the three letters) which he submitted along with his application.
Two months later, Tsui was recommended by Lam and Pok to be promoted to property officer, which was equivalent to “management supervisor”. According to the contract, a “management supervisor” should possess at least three years’ working experience in a supervisory post.
In response to a complaint received by the AFCD in October 2016 about Tsui’s lack of sufficient working experience, Lam submitted to COPS a report prepared by Pok. The report included the three letters, and a copy of a letter purportedly issued by a business partner of Lee’s Cleaning certifying Tsui’s seven-month employment with the company.
After receiving the report, the AFCD accepted the investigation result without making any further enquiries, the court heard.
Later in April 2017, COPS received another complaint about Tsui’s insufficient working experience. Lam gave a similar reply to the company, attaching the four letters.
ICAC investigation revealed that Pok had told Lam that Tsui did not possess the required working experience at the time of promotion, and that Lam had discussed with Law Wing-yan, senior property officer of COPS, about how to make up the working experience for Tsui.
Tsui, 35, and his wife, Law, 33, were also charged for their roles in the scam. The pair earlier pleaded guilty to the conspiracy charge against them. Their case was scheduled for mention at the Eastern Magistracy tomorrow (October 18).
The AFCD and COPS had rendered full assistance to the ICAC during its investigation into the case.
The prosecution was today represented by ICAC officer Michael Chu.
Lam Yin-kiu, 43, and Pok Lai-lee, 38, respectively then chief property manager and then property manager of China Overseas Property Services Limited (COPS); pleaded guilty to a joint charge of conspiracy to use a copy of a false instrument, contrary to Sections 74 and 159A of the Crimes Ordinance. Lam also pleaded guilty to one count of using a copy of a false instrument, contrary to Section 74 of the Crimes Ordinance.
Principal Magistrate Ms Bina Chainrai adjourned the case to November 7 for sentence, pending probation and community service order reports. Lam and Pok were granted bail.
The principal magistrate also imposed a 12-month bind over order on co-defendant Lee Tai-kwan, 44, director cum shareholder of Lee’s Cleaning Services Company Limited (Lee’s Cleaning), after the prosecution offered no evidence to the joint charge of conspiracy to use a copy of a false instrument against him.
The case arose from a corruption complaint. Subsequent ICAC enquiries revealed the above offences.
The court heard that in June 2015, COPS was awarded a five-year contract by the AFCD for the provision of cleansing, security and management services at the Western Wholesale Food Market. COPS was required to provide sufficient “management supervisors” and “management members” for each work shift.
According to the contract, if COPS failed to provide the required manpower for a certain shift, its monthly service fee would be deducted. In the event of non-compliance with the contract terms, the AFCD might also consider issuing warning letters to or terminating the contract with COPS.
At the material time, Lam and Pok were respectively chief property manager and property manager of COPS. Lee was the director cum shareholder of Lee’s Cleaning.
In July 2015, Tsui Chi-ho was employed by COPS as assistant property officer. At that time, he had only 23 months of working experience in the property management field, supported by three employment certification letters (the three letters) which he submitted along with his application.
Two months later, Tsui was recommended by Lam and Pok to be promoted to property officer, which was equivalent to “management supervisor”. According to the contract, a “management supervisor” should possess at least three years’ working experience in a supervisory post.
In response to a complaint received by the AFCD in October 2016 about Tsui’s lack of sufficient working experience, Lam submitted to COPS a report prepared by Pok. The report included the three letters, and a copy of a letter purportedly issued by a business partner of Lee’s Cleaning certifying Tsui’s seven-month employment with the company.
After receiving the report, the AFCD accepted the investigation result without making any further enquiries, the court heard.
Later in April 2017, COPS received another complaint about Tsui’s insufficient working experience. Lam gave a similar reply to the company, attaching the four letters.
ICAC investigation revealed that Pok had told Lam that Tsui did not possess the required working experience at the time of promotion, and that Lam had discussed with Law Wing-yan, senior property officer of COPS, about how to make up the working experience for Tsui.
Tsui, 35, and his wife, Law, 33, were also charged for their roles in the scam. The pair earlier pleaded guilty to the conspiracy charge against them. Their case was scheduled for mention at the Eastern Magistracy tomorrow (October 18).
The AFCD and COPS had rendered full assistance to the ICAC during its investigation into the case.
The prosecution was today represented by ICAC officer Michael Chu.