Recent ICAC Cases
Aug 2024Ex-site team leader of Third Runway Project charged by ICAC jailed 6 months for bribery
In recent years, the ICAC has taken a series of enforcement actions against solicitation and acceptance of bribe payments from construction workers and launched a series of relevant publicity and education programmes. One more former site team leader of a sub-contractor of the Third Runway Project of the Hong Kong International Airport (Third Runway Project) was today (August 5) sentenced to six months’ imprisonment at the West Kowloon Magistrates’ Courts for soliciting and accepting bribes from two carpenters over their employment.
Mok Pak-cheung, 64, former site team leader for carpentry works of MLife Engineering Limited (MEL), was earlier found guilty of 12 charges – three of agent soliciting an advantage; and nine of agent accepting an advantage, all contrary to section 9(1)(a) of the Prevention of Bribery Ordinance.
In sentencing, Magistrate Mr Pang Leung-ting noted that the defendant had committed such offences continuously for 11 months. The defendant’s acts were not tolerated in a civilised society, and an immediate custodial sentence was inevitable. The defendant was also ordered to return the received bribes of $19,700 within seven days as restitution.
The ICAC has so far charged 28 persons, most of whom were site team leaders of a sub-contractor, for collecting bribes totalling over $1.9 million from more than 130 workers of the Third Runway Project. Twenty-two defendants, including Mok, had pleaded guilty or were found guilty after trial, receiving sentences up to 16 months in jail. Another defendant is awaiting plea.
An ICAC spokesperson urges construction workers not to tolerate corruption. Should they be asked to pay bribes in exchange for their employment, they should reject and report to the ICAC immediately. ICAC’s report corruption hotline: 25 266 366. The ICAC calls on construction companies to adopt the Integrity Risk Management (IRM) Toolkit on recruitment of workers produced by the ICAC to formulate and implement control measures to mitigate integrity risks on recruitment of workers, uplift the integrity management capability and uphold professionalism of the construction industry. IRM Toolkit on recruitment of workers is available at cpas.icac.hk/EN/Info/TP_Library?cate_id=10027.
The court heard that at the material time, MEL was a sub-contractor of the Third Runway Project responsible for recruiting construction workers to conduct various works. Mok was a site team leader leading a team of carpenters working at the project’s construction site.
ICAC investigations revealed that on different occasions in early June 2021, two carpenters discussed with Mok about joining MEL, and Mok solicited from the duo bribes of $200 to $300 per working day so as to assist them to secure their employment with MEL. The duo’s daily wage was agreed at about $1,600 while one of them did not join MEL eventually.
The court heard that after joining MEL in the same month, the aforesaid carpenter found that his actual daily wage was only $1,400 and hence requested Mok to follow up. Mok explained to the carpenter that the daily wage was lower than the original amount because the latter was not a skilled carpenter. Mok asked the carpenter to continue to pay him a bribe on each working day and reduced the bribe to $100 per day. The carpenter reluctantly acceded to Mok’s solicitation.
ICAC enquiries found that on various occasions between July 2021 and March 2022, Mok received bribes totalling $19,700 from the carpenter to assist in continuing the latter’s employment with MEL. The carpenter believed that he would have been terminated by Mok if he had not paid the bribes to Mok.
The Airport Authority Hong Kong, the relevant main contractor SAPR JV and MEL had rendered full assistance to the ICAC during its investigation into the cases.
The prosecution was today represented by prosecuting counsel Eddie Sean, assisted by ICAC officer Ruby Cheung.