Four charged with MIPO and fraud over $2.2 million minor works of CUHK
2019-11-27
Three staff members of two colleges of The Chinese University of Hong Kong (CUHK) and a renovation companies owner have been charged by the ICAC today (November 27) with misconduct in public office (MIPO), conspiracy to defraud and forgery over minor works orders worth totalling about $2.2 million.
Lee Pui-shan, 43, College Secretary of Wu Yee Sun College (WYS) of the CUHK, faces one count of MIPO, contrary to Common Law; and an alternative charge of fraud, contrary to Section 16A of the Theft Ordinance.
Pang Siu-hang, 38, brother-in-law of Lee and sole proprietor of Newest Living Creative Co. (Newest), Pson Design Engineering Co., (Pson), Ming’s Design Studio (Ming’s) and Pink Lemon Production House (Pink Lemon), faces five counts of forgery, contrary to Section 71 of the Crimes Ordinance.
Pang further faces two counts of conspiracy to defraud, contrary to Common Law, jointly charged with Shek Hiu-fung, 40, Executive Officer of WYS of the CUHK; and Leung Yau-shing, 36, Project Co-ordinator II of S.H. Ho College (SHHO) of the CUHK respectively.
The defendants will appear at the Shatin Magistracy on Friday (November 29) for the case to be transferred to the District Court for plea.
The case arose from a corruption complaint referred by the CUHK. Subsequent ICAC enquiries revealed the above alleged offences, which took place between September 2013 and January 2017.
At the material time, Lee and Shek were respectively the College Secretary and an Executive Officer of WYS of the CUHK while Leung was a Project Co-ordinator II of SHHO of the university.
Pang was Lee’s brother-in-law and the sole proprietor of four renovation and design companies – Newest, Pson, Ming’s and Pink Lemon. Pang also controlled another company, Mochetto Co. (the five companies).
The MIPO charge against Lee alleges that she wilfully misconducted herself, in the course of or in relation to her public office, without reasonable excuse or justification, by approving the recommendations of seven procurements of goods or services from Newest, totalling $190,900, without disclosing that Pang was the owner of Newest and declaring the conflict of interests arising from her family relationship with Pang.
The alternative fraud charge alleges that Lee falsely represented that she had no conflict of interests in the abovementioned procurements, and concealed from and failed to disclose that Pang was the owner of Newest, and with intent to defraud, induced staff members of the CUHK to approve the funding and expenditure of those procurements, which resulted in benefit to Pang or prejudice to the CUHK.
The two conspiracy charges allege that Pang conspired with Shek and Leung respectively to defraud the CUHK by dishonestly falsely representing that the quotations submitted by the five companies in relation to 47 procurements of goods or services were genuinely competitive ones, obtained through a competitive process, and prepared separately from and independent of each other.
The defendants had thus deceived the CUHK into approving the funding and expenditure of those procurements from one of the five companies.
The remaining five forgery charges against Pang allege him of making five false quotations of three other decoration companies, with the intention to induce somebody to accept them as genuine.
ICAC enquiries revealed that the abovementioned procurements involved a total of 50 minor works orders of WYS and SHHO worth totalling about $2.2 million.
The CUHK has rendered full assistance to the ICAC during its investigation into the case.
The defendants have been released on ICAC bail, pending their court appearance on Friday.
Lee Pui-shan, 43, College Secretary of Wu Yee Sun College (WYS) of the CUHK, faces one count of MIPO, contrary to Common Law; and an alternative charge of fraud, contrary to Section 16A of the Theft Ordinance.
Pang Siu-hang, 38, brother-in-law of Lee and sole proprietor of Newest Living Creative Co. (Newest), Pson Design Engineering Co., (Pson), Ming’s Design Studio (Ming’s) and Pink Lemon Production House (Pink Lemon), faces five counts of forgery, contrary to Section 71 of the Crimes Ordinance.
Pang further faces two counts of conspiracy to defraud, contrary to Common Law, jointly charged with Shek Hiu-fung, 40, Executive Officer of WYS of the CUHK; and Leung Yau-shing, 36, Project Co-ordinator II of S.H. Ho College (SHHO) of the CUHK respectively.
The defendants will appear at the Shatin Magistracy on Friday (November 29) for the case to be transferred to the District Court for plea.
The case arose from a corruption complaint referred by the CUHK. Subsequent ICAC enquiries revealed the above alleged offences, which took place between September 2013 and January 2017.
At the material time, Lee and Shek were respectively the College Secretary and an Executive Officer of WYS of the CUHK while Leung was a Project Co-ordinator II of SHHO of the university.
Pang was Lee’s brother-in-law and the sole proprietor of four renovation and design companies – Newest, Pson, Ming’s and Pink Lemon. Pang also controlled another company, Mochetto Co. (the five companies).
The MIPO charge against Lee alleges that she wilfully misconducted herself, in the course of or in relation to her public office, without reasonable excuse or justification, by approving the recommendations of seven procurements of goods or services from Newest, totalling $190,900, without disclosing that Pang was the owner of Newest and declaring the conflict of interests arising from her family relationship with Pang.
The alternative fraud charge alleges that Lee falsely represented that she had no conflict of interests in the abovementioned procurements, and concealed from and failed to disclose that Pang was the owner of Newest, and with intent to defraud, induced staff members of the CUHK to approve the funding and expenditure of those procurements, which resulted in benefit to Pang or prejudice to the CUHK.
The two conspiracy charges allege that Pang conspired with Shek and Leung respectively to defraud the CUHK by dishonestly falsely representing that the quotations submitted by the five companies in relation to 47 procurements of goods or services were genuinely competitive ones, obtained through a competitive process, and prepared separately from and independent of each other.
The defendants had thus deceived the CUHK into approving the funding and expenditure of those procurements from one of the five companies.
The remaining five forgery charges against Pang allege him of making five false quotations of three other decoration companies, with the intention to induce somebody to accept them as genuine.
ICAC enquiries revealed that the abovementioned procurements involved a total of 50 minor works orders of WYS and SHHO worth totalling about $2.2 million.
The CUHK has rendered full assistance to the ICAC during its investigation into the case.
The defendants have been released on ICAC bail, pending their court appearance on Friday.