Integrity Focus

In two law enforcement operations codenamed “Rocket Gun” and “Beacon Tower” mounted this month, the ICAC arrested a total of 148 persons for fraudulently obtaining two types of works-related professional qualifications by allegedly falsifying employment proofs and using corrupt means. It is alleged that the arrestees respectively deceived recognised training course providers (TCPs) of the Labour Department (LD) into issuing professional certificates in relation to excavation works, and deceived the Electrical and Mechanical Services Department (EMSD) into issuing certificates of registration of electrical workers.


===== Operation ‘Rocket Gun’: Alleged bribery and forgery over certifications of professional qualifications for operating excavators =====

In operation “Rocket Gun”, 111 individuals – 91 male and 20 female aged between 22 and 69, were arrested. The arrestees included the mastermind of the scam, owners or employees of five engineering companies, staff members of two TCPs of the LD, and 100 construction workers.

In the operation, search warrants were executed by ICAC officers to conduct searches at various premises, including residences and offices of the individuals concerned. Suspected falsified employment proof documents and other exhibits were also seized.

Under the Factories and Industrial Undertakings (Loadshifting Machinery) Regulation and its subsidiary regulations, only holders of a valid certificate of excavator operations, or other persons under the supervision of the aforesaid certificate holders, are eligible to operate excavators. Otherwise, it may constitute an offence and the relevant contractor or the responsible person would be liable on conviction to a maximum fine of $100,000.

The professional certificates are either issued by the Hong Kong Institute of Construction (HKIC) (formerly Construction Industry Training Authority) or the LD’s recognised TCPs. A construction worker can obtain a certificate by either of the following means: (1) Any person who has no experience in operating an excavator is required to attend the HKIC’s 50-day training course and pass the examinations; (2) Any person who has experience of three years or above in operating an excavator (including the experience gained overseas) may attend the two-day training course organised by the LD’s recognised TCPs and pass the examinations thereafter.

The ICAC investigation arose from a corruption complaint in relation to certifications of professional qualifications for excavator operators. The complaint alleged that an excavator operator and staff members of two of the LD’s recognised TCPs might have assisted persons without experience in operating excavators to illegally obtain professional certificates. Corruption and forgery might have been involved in the process, contravening the Prevention of Bribery Ordinance and other relevant legislations.

ICAC investigation revealed that at the material time, the mastermind, who was also an excavator operator, operated a machinery training field not recognised by the LD and recruited a large number of construction workers without the required experience in excavator operations to join unaccredited paid short-term courses. The mastermind also allegedly conspired with owners or employees of five engineering companies to assist those workers to provide false employment proof documents for applying for the two-day course organised by the LD’s recognised TCPs and obtaining professional certificates after passing the examinations.

The investigation revealed that over 100 construction workers had allegedly used suspectedly false employment proof documents in their applications for professional certificates.

All arrestees have been released on ICAC bail. The ICAC inquiries are ongoing and the Commission will continue to investigate if corruption or other illegalities were involved in the processing of applications and issuing of professional certificates by the two TCPs.


===== Operation ‘Beacon Tower’: Alleged bribery and forgery over certifications of electrical workers’ professional qualifications =====

In another operation “Beacon Tower”, the ICAC arrested 37 men aged between 30 and 70. They included a mastermind, the proprietors of four engineering companies and 32 electrical workers.

ICAC officers also executed search warrants to search residences and offices of the individuals concerned. Suspected falsified employment proof documents and other exhibits were seized for further analysis and investigation.

According to the Electricity (Registration) Regulations, all electrical workers performing relevant fixed electrical installation work are required to register with the EMSD for a recognised qualification. Certificates of registration are categorised in five grades, of which Grade A is classified as elementary level (commonly known as Grade A Electrical Work Certificate). Grade A applicants should either be holders of certificates of relevant training courses, or have obtained passing results in the recognised examinations or trade tests and possess at least five years’ working experience in electrical work. Applicants are required to submit to the EMSD documents signed or approved by a registered electrical worker or a register electrical contractor to support his/her working experience. Any ineligible persons conducting fixed electrical installation work would commit an offence and be liable on conviction to a maximum of six months’ imprisonment and a fine of $50,000.

The ICAC investigation arose from a corruption complaint alleging that some individuals might have applied for Grade A Electrical Work Certificates by corrupt means. Investigation revealed that a proprietor of an electrical engineering firm was believed to be the mastermind. He had allegedly organised a paid training course for potential Grade A applicants and conspired with proprietors of four engineering companies to assist those applicants who did not possess adequate relevant work experience to falsify employment proof documents, claiming that they had five years working experience in electrical work, to support their applications to EMSD for the registration of Grade A Electrical Work Certificates.

All arrestees have been released on ICAC bail. The ICAC inquiries are ongoing and the Commission will continue to investigate if corruption or other illegalities were involved in the issuing of Grade A Electrical Work Certificates.


===== Follow-up actions =====

While the ICAC will not make further comments on the two cases, the Commission does not rule out further law enforcement actions or arrests.

The LD and the EMSD have rendered full assistance to the ICAC during its investigations. The ICAC has maintained close contact with the two departments in connection with reviewing of relevant procedures, enhancing supervision as well as corruption prevention and education to curb any illegalities and irregularities.

Following the operations, the LD and the EMSD have looked into the matter and immediately examined all professional certificates or registration applications in question. The two departments have also initiated procedures to revoke the professional qualifications of those involved in the two cases.

The ICAC urges members of the public and relevant industry professionals that should they find any work-related corrupt practices, they should report to the ICAC immediately through its 24-hour hotline (25 266 366).