Recent ICAC Cases

12
May 2022
Cleaner charged by ICAC over work injury sick leave and medical fee fraud

The ICAC today (May 12) charged a cleaning worker with using false sick leave certificates and medical receipts issued by a registered Chinese medicine practitioner to deceive her then employer into granting sick leave days and reimbursing medical fees in relation to temporary incapacity compensation.

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 charging the cleaning worker.

Chan Yuk-kam, 59, then cleaning worker of Man Shing Cleaning Service Company Limited (Man Shing), faces seven charges – six of agent using a document with intent to deceive her principal, contrary to Section 9(3) of the Prevention of Bribery Ordinance; and one of conspiracy to defraud, contrary to Common Law.

The defendant was released on ICAC bail, pending her appearance in the West Kowloon Magistrates’ Courts next Monday (May 16) for plea.

In September 2017, the defendant reported to Man Shing an injury of shoulder bone fracture during work. According to the Employees’ Compensation Ordinance, the defendant was entitled to Temporary Incapacity Compensation, which included receiving from Man Shing four-fifths of her earnings during her absence from duty, and reimbursement of medical fees. The defendant was required to submit the relevant sick leave certificates and medical receipts to Man Shing to obtain compensation and apply for sick leave days.

The offences took place between December 2017 and August 2020.

Six of the charges allege that the defendant, with intent to deceive her principal, used six sick leave certificates issued by a registered Chinese medicine practitioner which contained false statements that the defendant had received medical treatment from the latter on the dates as shown on the certificates to mislead Man Shing.

The remaining charge alleges that the defendant conspired together with the above registered Chinese medicine practitioner to defraud Man Shing by dishonestly falsely representing to the company that the defendant had received medical treatment at the latter’s clinic on various dates stated on the relevant medical receipts, thereby inducing Man Shing to pay the defendant the amount of medical fee charged by the clinic.

ICAC enquiries revealed that by submitting the above six sick leave certificates and 42 medical receipts, the defendant was granted a total of 24 days of sick leave and reimbursed medical fees totalling over $8,300.

Man Shing has rendered full assistance to the ICAC during its investigation into the case.

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