Integrity Focus

The ICAC earlier charged a former principal engineer of a government works consultant after a corruption investigation revealed that he had conspired to use false independent checking certificates and a false Ecological Appraisal Report in relation to three landslip prevention projects to deceive three government departments. The former principal engineer was today (November 15) sentenced at the District Court to two years’ imprisonment.

Calvin Wong Ka-tsun, 48, former principal engineer of Jacobs China Limited (Jacobs China), was earlier found guilty of four counts of conspiracy to use false instruments after trial, contrary to sections 73 and 159A of the Crimes Ordinance.

In sentencing, Judge Mr Eddie Yip Chor-man reprimanded the defendant for showing no remorse. The Judge noted that the defendant, who was an experienced engineer, should shoulder the responsibility to safeguard public safety and ecology. However, the defendant instructed his subordinates to use false certificates and reports, warranting an immediate jail term of two years.

Since 2010, Jacobs China had been engaged by the Civil Engineering and Development Department (CEDD) and the Highways Department (HyD) as the consultant of three landslip prevention and mitigation projects. For each project, Jacobs China was required to conduct inspections by assessing the conditions of around 100 to 300 man-made slopes and around 20 natural hillside catchments, to prepare relevant upgrading and mitigation works designs, and to oversee the construction works conducted by relevant contractors.

Under the projects, Jacobs China was required to submit reports supported by Independent Checking Certificates in respect of the proposed upgrading and mitigation works to the two departments. An Independent Checking Certificate endorsed by an independent checking engineer was required to certify that the design by Jacobs China was in the interest of public safety and did not pose any potential landslide hazards.

In one of the CEDD projects, Jacobs China was also required to submit an Ecological Appraisal Report to the Agriculture, Fisheries and Conservation Department (AFCD) to confirm the impact on any species of conservation importance within the proposed works site.

The offences took place between March 2015 and August 2017. At the material time, the defendant was a principal engineer of Jacobs China responsible for the daily operation and management of the aforesaid CEDD and HyD projects, including submission of reports to the departments.

The court heard that the defendant had conspired with three subordinates to use eight false Independent Checking Certificates purportedly signed by an independent checking engineer to induce staff of the CEDD and the HyD to accept them as genuine.

The defendant also conspired with one of the aforesaid subordinates to use a false Ecological Appraisal Report purportedly issued by an ecological consultancy to induce staff of the AFCD to accept it as genuine.

The ICAC investigation arose from corruption complaints referred by the CEDD and the HyD. Enquiries revealed that the aforesaid independent checking engineer and ecological consultancy had never signed or issued the documents concerned.

Enquiries also found that after the incident was revealed, the relevant government departments had reviewed all the landslip prevention projects concerned and did not identify any safety issues.

The CEDD, the HyD, the AFCD and other involved companies had rendered full assistance to the ICAC during its investigation into the case.

The prosecution was today represented by prosecuting counsel Eddie Sean and Jimmy Yip, assisted by ICAC officer Winnie Fung.