Ex-construction worker guilty of bribery and fraud
A former construction worker, charged by the ICAC, was today (January 11) convicted at the Tuen Mun Magistrates’ Courts of bribery over the employment of a fellow worker and making false representation to another worker over his Mandatory Provident Fund (MPF) contribution so as to defraud him of part of his wages.
Chan Ki-lok, 26, former construction worker of Asian Projects Company Limited (Asian Projects), was convicted of four charges – one of agent accepting an advantage and two of agent soliciting an advantage, all contrary to Section 9(1)(a) of the Prevention of Bribery Ordinance, and one of fraud, contrary to Section 16A of the Theft Ordinance.
Magistrate Mr Jeffrey Sze Cho-yiu adjourned the case to January 25 for sentence, pending background and community service order reports. The defendant was remanded in the custody of the Correctional Services Department.
The magistrate also ordered the defendant to repay $1,000 as restitution to Asian Project and pay $5,800 as compensation to one of the workers involved.
The court heard that at the material time, the defendant was a construction worker of Asian Projects, which was the construction contractor of a construction project in Lung Kwu Tan, Tuen Mun. Two workers were employed by Asian Projects and started to work for the construction project at a daily wage of $950 in September and October 2019 respectively.
In October 2019, the defendant requested one of the workers to pay him $50 per working day as a rebate for referring him to work for Asian Projects. About a week later, the defendant accepted $1,000 cash from the worker, being rebates for the 20 days the latter worked at the aforesaid construction site.
In December 2019, the defendant further solicited a rebate of $650 twice from the above worker. No payment was further made to the defendant.
ICAC inquiries also revealed that on two other occasions in September and October 2019, the defendant told another worker that the latter was required to pay $50 per day as MPF contribution.
Between October and December 2019, the construction worker transferred a total of $5,800 to the bank account of the defendant in the belief that he was contributing to his MPF.
Asian Projects had not requested the defendant to recruit or refer fellow workers for the company. The company had not authorised or allowed the defendant to collect any MPF contribution from the worker concerned.
The ICAC investigation arose from a corruption complaint. Upon completion of the investigation, the ICAC sought legal advice from the Department of Justice, which advised prosecuting the defendant. Asian Projects had rendered full assistance to the ICAC during its investigation into the case.
The prosecution was today represented by Senior Public Prosecutor Kelvin Tang, assisted by ICAC officer Chu Ka-ho.
Construction workers are further reminded not to pay illegal rebate should they encounter any solicitation and to report the matter to the ICAC immediately.