Recent ICAC Cases

15
May 2023
Ex-manager of developer and five from subcontractors charged by ICAC with bribery over construction projects’ tendering

A then construction manager of a developer and five directors and staff of four subcontractors were charged with bribery by the ICAC today (May 15). The manager allegedly accepted advantages worth about $180,000, including cash, gifts, etc., provided by the co-defendants for disclosing internal documents and information to assist the latter in the tendering exercises for various work packages of 10 construction projects.

The defendants are Constant So Shun-ching, 55, then senior construction manager of Henderson Land Development Company Limited (Henderson Land); Mak Hung-cho, 66, shareholder-cum-director of Lee Shing Masonry Engineering Limited (Lee Shing); Zheng Weicheng, 40, shareholder-cum-director of King Fung Development & Construction Company Limited (King Fung); Chung Yiu-hon, 34, staff member of King Fung; Chow Kit, 47, director of Trigon Building Materials Limited (Trigon); and Chan Lok-kau, 67, consultant of Kinway Engineering Limited (Kinway).

The six defendants face a total of four counts of conspiracy for agent to accept advantages, contrary to section 9(1)(a) of the Prevention of Bribery Ordinance (POBO) and section 159A of the Crimes Ordinance. They were released on ICAC bail, pending their appearance at the Eastern Magistrates’ Courts tomorrow (May 16) for mention.

At the material time, So was a senior construction manager of Henderson Land. He was responsible for overseeing the works conducted by subcontractors, and providing assistance in tendering exercises of work packages. Lee Shing, King Fung, Trigon and Kinway were registered subcontractors of Henderson Land. They were respectively responsible for plastering, concrete formwork and structure, false ceiling and miscellaneous works.

It is alleged that between December 2018 and July 2021, So conspired with the five co-defendants to accept various advantages worth totalling about $180,000 for assisting the four subcontractors – Lee Shing, King Fung, Trigon and Kinway – in the tendering exercises of Henderson Land or its subsidiaries.

The advantages were $100,000 in cash, four smartphones worth totalling over $46,000, a banquet worth over $9,000 celebrating the birthday of So’s father, hotel accommodation in Macao worth about $5,700 for So’s son, furniture worth $18,000, and over 10 massage services.

ICAC investigation revealed that So allegedly disclosed to the five co-defendants the internal tender documents of Henderson Land and information of the tenderers which submitted the lowest bids in relation to various work packages of 10 construction projects, namely nine new residential development projects and an industrial and commercial building completed earlier.

Henderson Land has rendered full assistance to the ICAC during its investigation into the case.

The ICAC has been actively promoting anti-corruption messages in the construction industry, reminding practitioners to adhere strictly to the POBO and not to use their official capacity for personal gains, thus undermining the integrity of the tendering system and clean business environment.

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