Eleven in HZMB Project false concrete test records case have sentences increased up to two years’ jail after review
2021-7-2
Eleven former laboratory staff of a consulting firm of the Civil Engineering and Development Department (CEDD), charged by the ICAC, were today (July 2) ordered by the Court of Appeal (CA) to serve up to two years in jail for producing false records on concrete compression tests for the Hong Kong-Zhuhai-Macao Bridge (HZMB) Hong Kong Project after a review of their sentences.
In December 2019, the 11 defendants, who were convicted of a joint count of conspiracy to defraud, received sentences ranging from community service, suspended sentence to six months in jail.
The Department of Justice (DoJ) subsequently sought a review of their sentences and the application was heard by Justice Jeremy Poon Shiu-chor, Chief Judge of the High Court, Mr Justice Wally Yeung Chun-kuen, Vice-President of the CA, and Mr Justice Derek Pang Wai-cheong, Justice of Appeal of the CA in April 2021.
In allowing the DoJ’s application today, the CA increased the sentences of 11 defendants to jail terms ranging from one year to two years.
The written judgment handed down noted that this case was particularly serious when compared with cases of its kind, adding that criminal sentences ought to be administered in a fair and coherent manner, otherwise public confidence in the integrity of the judicial system would be undermined.
The original sentences imposed on the defendants were too lenient and had gravely and unreasonably differed from the jail terms of other defendants who pleaded guilty earlier on, the judgment added.
The 11 defendants included eight former site laboratory technicians of Jacobs China Limited (JCL), Yip Tak-kit, Chan Yui-hang, Yiu Yu-fung, Yu Wai-tak, Lee Wing-fai, Sit Ka-chun, Cheung Ka-ming and Ng Man-hung, aged from 26 to 51, and three former laboratory assistants of JCL, Jo Chan Chi-shing, Tse Tak-lai and Lee Chi-kan, aged from 27 to 61.
The jail term of co-defendant Kwok Man-fai, 38, former laboratory assistant of JCL, remained two years after a review.
The court heard that at the material time, the defendants were employed by JCL as site laboratory technicians or laboratory assistants to work at the Public Works Regional Laboratory at Siu Ho Wan. They were responsible for conducting construction material compliance tests, including concrete compression tests (CCTs) on concrete cubes.
The laboratory was established by the CEDD in late 2012 to meet the increased demand for construction material compliance tests arising from the construction of the HZMB. The management and operation of the laboratory were outsourced to JCL under a consultancy agreement.
Two Principal Technical Officers (PTOs) of the CEDD were posted to the laboratory at different periods to oversee the services provided by JCL and to act as the Approved Signatory for issuing accredited reports on the tests conducted at the laboratory under the Hong Kong Laboratory Accreditation Scheme (HOKLAS).
According to the required procedures, a staff member of the laboratory would place a sample concrete cube inside a compression machine connected to a computer when performing a CCT. He would then operate the computer and apply load to the cube at an appropriate rate until it was crushed.
Upon completion, the machine would automatically generate a record slip recording the test result. After recording accurately the test result on a worksheet and signing on it, the laboratory staff should cause the test result to be input into a computer system for generating a checklist.
The court heard that since about 2013, the defendants failed to conduct CCTs in accordance with CEDD’s requirements due to heavy workload and shortage of manpower.
Between January 2013 and July 2016, the defendants and six other laboratory staff conspired together and with other persons to resort to a deceptive practice of manipulating the date and time of the computers connected to the compression machines, and using substitutes such as high strength concrete cubes and a metal calibration cylinder to carry out CCTs.
Believing the information contained in the reports of CCTs were genuine, the two PTOs certified those reports under the HOKLAS, the court heard.
The six other laboratory staff concerned were also charged for their roles in the scam. They were sentenced to jail terms ranging from 21 to 32 months after pleading guilty to one count of conspiracy to defraud jointly charged with the abovementioned 12 defendants.
The case arose from a corruption complaint referred by the CEDD, which, together with the Highways Department and the Transport and Housing Bureau, had rendered full assistance to the ICAC during its investigation.
In December 2019, the 11 defendants, who were convicted of a joint count of conspiracy to defraud, received sentences ranging from community service, suspended sentence to six months in jail.
The Department of Justice (DoJ) subsequently sought a review of their sentences and the application was heard by Justice Jeremy Poon Shiu-chor, Chief Judge of the High Court, Mr Justice Wally Yeung Chun-kuen, Vice-President of the CA, and Mr Justice Derek Pang Wai-cheong, Justice of Appeal of the CA in April 2021.
In allowing the DoJ’s application today, the CA increased the sentences of 11 defendants to jail terms ranging from one year to two years.
The written judgment handed down noted that this case was particularly serious when compared with cases of its kind, adding that criminal sentences ought to be administered in a fair and coherent manner, otherwise public confidence in the integrity of the judicial system would be undermined.
The original sentences imposed on the defendants were too lenient and had gravely and unreasonably differed from the jail terms of other defendants who pleaded guilty earlier on, the judgment added.
The 11 defendants included eight former site laboratory technicians of Jacobs China Limited (JCL), Yip Tak-kit, Chan Yui-hang, Yiu Yu-fung, Yu Wai-tak, Lee Wing-fai, Sit Ka-chun, Cheung Ka-ming and Ng Man-hung, aged from 26 to 51, and three former laboratory assistants of JCL, Jo Chan Chi-shing, Tse Tak-lai and Lee Chi-kan, aged from 27 to 61.
The jail term of co-defendant Kwok Man-fai, 38, former laboratory assistant of JCL, remained two years after a review.
The court heard that at the material time, the defendants were employed by JCL as site laboratory technicians or laboratory assistants to work at the Public Works Regional Laboratory at Siu Ho Wan. They were responsible for conducting construction material compliance tests, including concrete compression tests (CCTs) on concrete cubes.
The laboratory was established by the CEDD in late 2012 to meet the increased demand for construction material compliance tests arising from the construction of the HZMB. The management and operation of the laboratory were outsourced to JCL under a consultancy agreement.
Two Principal Technical Officers (PTOs) of the CEDD were posted to the laboratory at different periods to oversee the services provided by JCL and to act as the Approved Signatory for issuing accredited reports on the tests conducted at the laboratory under the Hong Kong Laboratory Accreditation Scheme (HOKLAS).
According to the required procedures, a staff member of the laboratory would place a sample concrete cube inside a compression machine connected to a computer when performing a CCT. He would then operate the computer and apply load to the cube at an appropriate rate until it was crushed.
Upon completion, the machine would automatically generate a record slip recording the test result. After recording accurately the test result on a worksheet and signing on it, the laboratory staff should cause the test result to be input into a computer system for generating a checklist.
The court heard that since about 2013, the defendants failed to conduct CCTs in accordance with CEDD’s requirements due to heavy workload and shortage of manpower.
Between January 2013 and July 2016, the defendants and six other laboratory staff conspired together and with other persons to resort to a deceptive practice of manipulating the date and time of the computers connected to the compression machines, and using substitutes such as high strength concrete cubes and a metal calibration cylinder to carry out CCTs.
Believing the information contained in the reports of CCTs were genuine, the two PTOs certified those reports under the HOKLAS, the court heard.
The six other laboratory staff concerned were also charged for their roles in the scam. They were sentenced to jail terms ranging from 21 to 32 months after pleading guilty to one count of conspiracy to defraud jointly charged with the abovementioned 12 defendants.
The case arose from a corruption complaint referred by the CEDD, which, together with the Highways Department and the Transport and Housing Bureau, had rendered full assistance to the ICAC during its investigation.