Recent ICAC Cases
Nov 2024Works subcontractor charged by ICAC over $330,000 wage fraud and perversion over graft probe
The ICAC today (November 13) charged a works subcontractor and a worker for allegedly conspiring together to defraud a glass facade contractor of overpaid wages totalling over $330,000 by making false representations about workers’ attendance records. The subcontractor was also charged with perversion for allegedly instructing workers to falsely claim the latter’s attendance.
Poon Tat-chun, 29, operator of Ocean Crown Enterprise Ltd (OCL); and Law Ka-ming, 29, then worker of OCL, jointly face one count of conspiracy to defraud, contrary to the Common Law. Poon further faces one count of doing an act tending and intended to pervert the course of public justice, contrary to the Common Law.
The duo were released on ICAC bail, pending their appearance at the Eastern Magistrates’ Courts on Friday (November 15) for mention. An application will be later lodged by the prosecution for transferring the case to the District Court for plea.
At the material time, Poon was the operator of OCL engaged by a glass facade contractor to provide workers to conduct glass installation works at the construction site of a private residential estate on Lantau Island. OCL employed some 10 workers, including Law, to work at the construction site at a daily wage each ranged from $1,050 to $1,400.
It is alleged that between February and April 2021, Poon and Law conspired with another OCL worker to overstate the number of working days of some workers and falsely represent to the contractor that the attendance records submitted by OCL were genuine to deceive the contractor into overpaying wages totalling over $330,000 to OCL.
The ICAC investigation arose from a corruption complaint. Enquiries revealed that Poon had allegedly instructed Law and other workers to make false representations about their attendance records, and requested the workers to return the overpaid wages to him each month.
In addition, Poon allegedly perverted the course of public justice in the course of the ICAC investigation into the scheme. It is alleged that in late April 2022, Poon requested one of the OCL workers to pass a message to three other workers, asking them to falsely tell ICAC officers that they had signed the workers’ attendance records concerned, and to reply all questions asked by ICAC officers by saying “no idea”.
ICAC enquiries revealed that the worker found Poon’s instruction improper, and did not follow the instruction which requested other workers to tell lies in the ICAC investigation.
The glass facade contractor rendered full assistance to the ICAC during its investigation into the case.