Eight Principal Hawker Control Officers charged by ICAC with MIPO over preferential treatments at FEHD recruitment
2022-10-6
One serving and seven then Principal Hawker Control Officers (PHCOs) of the Food and Environmental Hygiene Department (FEHD) were charged by the ICAC today (October 6) with misconduct in public office (MIPO) by showing preferential treatments to certain candidates of the 2019 Recruitment of Assistant Hawker Control Officer (AHCO Recruitment 2019) and failing to follow the civil servants appointment policy.
The eight defendants, aged between 59 and 64, are Acting PHCO Lo Sai-wah; and seven PHCOs, namely Li Tat-chiu, Tai Cheuk-fai, Danny Yick Kam-tim, Mak Wai-chung, Tang Wing-ping, Wong Wai-hung and Chan Kong-chung. Except Wong, all the other defendants retired since the alleged offence took place.
The defendants jointly face one count of conspiracy to commit MIPO, contrary to Common Law and Section 159A of the Crimes Ordinance. They were released on ICAC bail, pending their appearance in the Eastern Magistrates’ Courts next Monday (October 10) for mention.
In February 2019, the AHCO Recruitment 2019 conducted by the FEHD received over 5,000 applications. Around 2,100 shortlisted candidates were invited to attend a selection interview in July and August 2019. Seven of the defendants, except Chan, were selection board members of the recruitment.
The charge alleges that between July 11 and August 20, 2019, the eight defendants conspired together and with other persons for the defendants and other selection board members of the abovementioned recruitment, being public officials, to willfully misconduct themselves without reasonable excuse or justification in the course of or in relation to their public offices.
The defendants have allegedly circulated amongst themselves interview schedules of certain candidates who would be attending selection interviews so as to accord preferential treatments to such candidates without fully following the civil servants appointment policy of the Government.
The civil servants appointment policy set by the Government stipulated that appointment should be made for the best person for the job in an open, fair and competitive manner.
The ICAC investigation arose from a corruption complaint. Upon completion of the investigation, legal advice was sought from the Department of Justice, which advised charging the eight defendants.
ICAC enquiries revealed that some of the candidates or their relatives or acquaintances had forwarded their interview schedules to some FEHD officers, including the defendants. It is alleged that preferential treatments were rendered to a total of 36 candidates during their selection interviews, and some of them received extra marks at the selection interviews.
The FEHD has rendered full assistance to the ICAC during its investigation into the case. In order to ensure fairness of the AHCO Recruitment 2019, the FEHD had invalidated the results of the interviews conducted in July and August 2019 and held another round of interviews for candidates in November 2019.
An ICAC spokesperson stressed that civil service recruitment ought to be conducted in an open and fair manner. Civil servants participating in recruitment matters must observe and follow the established policy and guidelines to safeguard the integrity of the selection process. They should never abuse their powers or undermine the civil service recruitment mechanism by misconducting themselves. All complaints in respect of civil service recruitment received by the Commission would be followed up in a serious manner and in accordance with the law.
The eight defendants, aged between 59 and 64, are Acting PHCO Lo Sai-wah; and seven PHCOs, namely Li Tat-chiu, Tai Cheuk-fai, Danny Yick Kam-tim, Mak Wai-chung, Tang Wing-ping, Wong Wai-hung and Chan Kong-chung. Except Wong, all the other defendants retired since the alleged offence took place.
The defendants jointly face one count of conspiracy to commit MIPO, contrary to Common Law and Section 159A of the Crimes Ordinance. They were released on ICAC bail, pending their appearance in the Eastern Magistrates’ Courts next Monday (October 10) for mention.
In February 2019, the AHCO Recruitment 2019 conducted by the FEHD received over 5,000 applications. Around 2,100 shortlisted candidates were invited to attend a selection interview in July and August 2019. Seven of the defendants, except Chan, were selection board members of the recruitment.
The charge alleges that between July 11 and August 20, 2019, the eight defendants conspired together and with other persons for the defendants and other selection board members of the abovementioned recruitment, being public officials, to willfully misconduct themselves without reasonable excuse or justification in the course of or in relation to their public offices.
The defendants have allegedly circulated amongst themselves interview schedules of certain candidates who would be attending selection interviews so as to accord preferential treatments to such candidates without fully following the civil servants appointment policy of the Government.
The civil servants appointment policy set by the Government stipulated that appointment should be made for the best person for the job in an open, fair and competitive manner.
The ICAC investigation arose from a corruption complaint. Upon completion of the investigation, legal advice was sought from the Department of Justice, which advised charging the eight defendants.
ICAC enquiries revealed that some of the candidates or their relatives or acquaintances had forwarded their interview schedules to some FEHD officers, including the defendants. It is alleged that preferential treatments were rendered to a total of 36 candidates during their selection interviews, and some of them received extra marks at the selection interviews.
The FEHD has rendered full assistance to the ICAC during its investigation into the case. In order to ensure fairness of the AHCO Recruitment 2019, the FEHD had invalidated the results of the interviews conducted in July and August 2019 and held another round of interviews for candidates in November 2019.
An ICAC spokesperson stressed that civil service recruitment ought to be conducted in an open and fair manner. Civil servants participating in recruitment matters must observe and follow the established policy and guidelines to safeguard the integrity of the selection process. They should never abuse their powers or undermine the civil service recruitment mechanism by misconducting themselves. All complaints in respect of civil service recruitment received by the Commission would be followed up in a serious manner and in accordance with the law.