Integrity Focus

A then installation worker of a project subcontractor of the SkyPier Terminal Ferry Transfer in the Hong Kong International Airport, earlier charged by the ICAC, was today (October 15) sentenced at the West Kowloon Magistrates’ Courts to a jail term of seven months after admitting that he had accepted bribes of about $22,000 from three fellow workers for securing their employment with the subcontractor.

Chan Kwai-san, 44, then installation worker of Jarvan E&M Engineering Limited (JEM), today pleaded guilty to three counts of agent accepting an advantage, contrary to section 9(1)(a) of the Prevention of Bribery Ordinance.

In sentencing, Magistrate Mr Jason Wan Siu-ming remarked that the case, which was serious in nature, was not an isolated incident. The defendant exploited the workers by abusing his official capacity, and undermined the fairness of the society as well as the employer’s interest. The magistrate took a starting point of nine months’ imprisonment, and reduced the jail term to seven months having considered the defendant’s guilty plea and other mitigating factors. The defendant was also ordered to make a restitution of $21,800, equivalent to the amount of the bribes he accepted, to his then employer.

The court heard that at the material time, JEM was the subcontractor of the baggage carousels installation works project at the SkyPier Terminal Ferry Transfer in the Hong Kong International Airport. JEM recruited workers mainly through referral from existing workers, and all workers were employed at a daily wage of $1,200. All JEM staff members were prohibited from soliciting or accepting advantages from others in relation to the company’s business. The defendant joined JEM in June 2022 as an installation worker of the project. He would also introduce workers to JEM.

The defendant admitted that between July and November 2022, he had respectively solicited a bribe of $100 per working day from each of three fellow workers who joined JEM upon the defendant’s referral. The trio believed that if they did not pay the bribes, they would not be employed by JEM, and hence they acceded to the defendant’s solicitations. The defendant had accepted bribes from the trio totalling about $22,000, each ranging from $4,500 to $8,700.

JEM had rendered full assistance to the ICAC during its investigation into the case.

The prosecution was today represented by ICAC officer Cyrus Chan.

An ICAC spokesperson stresses that soliciting or accepting bribes for assisting others in employment is a serious bribery offence. The maximum penalty on conviction of the offence is a seven-year imprisonment and a fine of $500,000. The ICAC also 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 through the 24-hour hotline (25 266 366).