Recent ICAC Cases

05
Nov 2021
Two directors of consultant charged by ICAC over Bridge Project false concrete cube test records

Following the conviction of 19 then laboratory staff of an engineering consultant of the Civil Engineering and Development Department (CEDD) for producing false records on concrete cube compression tests for the Hong Kong-Zhuhai-Macao Bridge (HZMB) Hong Kong Project, the ICAC today (November 5) further charged two then directors of the engineering consultant for defrauding the CEDD of a payment of about $2 million by concealing the falsified tests conducted by its staff.

The ICAC investigation arose from a corruption complaint referred by the CEDD, which led to the successful prosecution of 19 then laboratory staff of Jacobs China Limited (JCL) earlier. Two then directors of JCL were charged by the Commission today upon further legal advice sought from the Department of Justice.

Albert Leung Wing-keung, 64, then director of operations of JCL, and Leslie Harry Swann, 70, then divisional director of JCL, jointly face one count of fraud, contrary to Section 16A of the Theft Ordinance. They will appear before the West Kowloon Magistrates’ Courts this afternoon for mention, pending the case to be transferred to the District Court for plea.

In 2012, the CEDD established the Public Works Regional Laboratory at Siu Ho Wan (the Laboratory) to meet the demand for construction materials compliance tests arising from the HZMB Hong Kong Project. The CEDD outsourced the management and operation of the Laboratory to JCL under a consultancy agreement.

Pursuant to the agreement, JCL was fully responsible for the quality of the testing services at the Laboratory and was required to strictly follow the standard testing procedures accredited under the Hong Kong Laboratory Accreditation Scheme. JCL was required to report to the CEDD any errors in the performance of services which came to its knowledge. The CEDD would withhold making payments to JCL should the latter fail to comply with the terms stipulated in the agreement.

At the material time, Leung was responsible for overseeing JCL’s projects in Hong Kong, including the above consultancy agreement. Swann reported to Leung and was responsible for the management and operation of the Laboratory.

The charge alleges that between July 28, 2016 and May 10, 2017, Leung and Swann deliberately concealed that staff of JCL had used tested or high strength concrete cubes or a metal calibration cylinder to substitute the original concrete sample cubes delivered to the Laboratory for construction material compliance testing, and with intent to defraud, induced the CEDD to release a payment of around $2 million to JCL, which resulted in benefit to JCL and prejudice to the CEDD.

During the ICAC’s investigation into the case, the CEDD, the Highways Department and the Transport and Housing Bureau have rendered full assistance to the Commission.

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