Subcontractor charged by ICAC jailed for using false worker salary record to claim $150,000
A subcontractor of a residential project, charged by the ICAC, was today (June 6) sentenced to five months’ imprisonment at the Kowloon City Magistrates’ Courts for using a false worker salary record to claim contract fee of $150,000 from a contractor. The offence was revealed in the course of a corruption investigation by the Commission.
Leung Wai-tong, 45, proprietor of Blue Age Engineering Company (Blue Age), was earlier found guilty of one count of using a false instrument, contrary to Section 73 of the Crimes Ordinance.
In delivering his verdict earlier and in sentencing today, Magistrate Mr Peter Yu Chun-cheung said the case was serious in nature, warranting a custodial sentence. He noted that the defendant impaired the salary payment monitoring mechanism devised by the contractor for protecting benefits of the workers and deprived them of their hard-earned money.
The court heard that at the material time, the defendant was engaged by Shiny Decoration and Engineering Company Limited (Shiny), one of the contractors of a residential project in To Kwa Wan, to carry out decoration works. In May 2020, the defendant engaged Man’s Engineering (Decoration) Limited (Man’s) to recruit workers and conduct the Works.
Shiny would pay contract fees to Blue Age by instalments, depending on the work progress. Blue Age would further pay Man’s by instalments depending on the work progress. In the course of claiming a contract fee, Blue Age was required to submit a “Declaration of Remuneration Received by Employees of Package Contractor” (Declaration Form) as a proof of receipt of salary by its workers. The workers were required to sign on the Declaration Form.
In September 2020, the defendant submitted a Declaration Form purportedly signed by 11 workers of Man’s to claim contract fees from Shiny. Believing that the contents of the Declaration Form were true, Shiny accepted and processed the claim.
The ICAC investigation arose from a corruption complaint. Enquiries revealed that six of the workers did not sign on the Declaration Form and had never received salary payments of over $150,000 as stated on it.
Shiny and Man’s had rendered full assistance to the ICAC during its investigation into the case.
The prosecution was today represented by Senior Public Prosecutor Timothy Chen, assisted by ICAC officer Chu Ka-ho.