Integrity Focus

A then assistant manager of a telecommunications company, charged by the ICAC, was today (June 19) sentenced to eight months’ imprisonment at the West Kowloon Magistrates’ Courts after being convicted of obtaining fibre installation service orders worth totalling $180,000 by concealing his interest in a contractor. The defendant was also found guilty of perversion for making false representation about his declaration made to the company during the Commission’s investigation.

Chan Chun-kin, 44, former assistant manager of Technical & Service Support Department of i-CABLE Communications Limited (i-CABLE), was found guilty of three counts of obtaining pecuniary advantage by deception, contrary to section 18(1) of the Theft Ordinance; and one count of doing an act or a series of acts tending and intended to pervert the course of public justice, contrary to the Common Law.

In sentencing, Magistrate Mr Jason Wan Siu-ming reprimanded the defendant for committing a premeditated crime repeatedly, which undermined the level-playing field of Hong Kong’s business sector and deprived other competitors of their opportunities to obtain contracts. A custodial sentence was imposed on the defendant in view of the serious nature of the offences.

At the material time, the defendant was an assistant manager of Technical & Service Support Department of i-CABLE. He was responsible for monitoring and evaluating the service quality of contractors engaged by the department to conduct networking installation and maintenance works at customers’ premises and to make recommendation on the engagement of contractors.

The policies of i-CABLE stipulated that all employees should avoid actual or potential conflict of interest and that they should fill in and submit declaration forms to declare their conflict of interest in writing to the management.

The court heard that in May 2022, Lokkin Engineering Limited (Lokkin) was engaged by i-CABLE as a contractor for fibre installation works upon the defendant’s recommendation. Lokkin was subsequently awarded three service orders of fibre installation for three residential estates worth totalling about $180,000 between May and August 2022.

The ICAC investigation arose from a corruption complaint. Enquiries revealed that the defendant had instructed a friend to set up Lokkin in 2021 with a view to taking up networking installation and maintenance works of i-CABLE, and to open bank accounts for Lokkin.

On the i-CABLE supplier registration form prepared by the defendant, it was declared that the friend was the sole director-cum-shareholder of Lokkin. It was concealed that the defendant was the beneficial owner and operator of Lokkin.

The court heard that between mid-September and early October 2022, after the defendant had been arrested by the ICAC, he intended to pervert the course of public justice by making a false representation to i-CABLE that he had submitted a declaration form to the company in late 2021 to declare his role in Lokkin.

i-CABLE had rendered full assistance to the ICAC during its investigation into the case.

The prosecution was today represented by prosecuting counsel Mark Wei, assisted by ICAC officers Chris Lai and William Wong.

An ICAC spokesperson notes that perverting the course of public justice is a serious offence. An offender is liable on conviction to an imprisonment for any term and a fine of any amount. Should such illegal acts be found in ICAC cases, the Commission would not tolerate them and would follow up on them in a serious manner.