Driver charged by ICAC admits work injury compensation fraud


A driver, charged by the ICAC, today (September 20) admitted at the Kwun Tong Magistrates’ Courts that he had deceived three companies into granting him sick leaves and paying him work injury compensations totalling about $96,000 with false medical certificates and receipts issued by a registered Chinese medicine practitioner.

Tsang Fan-kit, 27, driver, pleaded guilty to five charges—three of conspiracy to defraud, contrary to Common Law; and two of fraud, contrary to Section 16A(1) of the Theft Ordinance. The prosecution offered no evidence to three other fraud charges against him.

Principal Magistrate Ms Bina Chainrai adjourned the case to October 5 this year for sentence, pending his background report. The defendant was remanded in the custody of the Correctional Services Department.

Registered Chinese medicine practitioner, Tse Fook-cheong, 66, faced three counts of conspiracy to defraud jointly charged with Tsang. He earlier pleaded guilty to two of the charges while the prosecution offered no evidence to the remaining charge against him. Tse will be sentenced tomorrow (September 21).

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

The court heard that at the material time, Tsang was separately employed as driver by TNT Express Worldwide (HK) Limited (TNT), The Garden Company Limited (Garden) and Hong Kong Television Networks Limited (HKTV). Tse was a registered Chinese medicine practitioner and the operator of a Chinese medical clinic—Hong Tak Tong.

Between May 2016 and November 2018, Tsang respectively reported work injury to the three companies and took sick leaves by submitting 88 medical certificates issued by Tse. The sick leave certificates stated that Tsang was suffering from back pain.

ICAC investigation revealed that 11 of the medical certificates covering 95 days of sick leave involving work injury compensations totalling about $ 47,000 were issued when Tse was out of town.

When Tsang was taking sick leave granted by HKTV and Garden, he worked for another employer between September 2017 and February 2018. He further submitted various other medical certificates and receipts to the two companies to falsely claim work injury compensations amounting to about $49,000.

Should Garden and HKTV know that Tsang was fit to work for another employer when he was granted sick leave, they would not have approved and released the relevant compensations to Tsang, the court heard.

TNT, Garden and HKTV had rendered full assistance to the ICAC during its investigation into the case.

The prosecution was today represented by ICAC officer Michael Lau.
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