Integrity Focus

An ICAC investigation revealed that staff of a contractor for the Environmental Protection Department (EPD) allegedly accepted advantages from employees of a waste disposal company to assist in unloading construction waste at a landfill free of charge by disguising construction waste loaded on trucks as non-construction waste to defraud the EPD of disposal charges totalling over $830,000. Three defendants entered guilty pleas at the District Court today (April 8).

The three defendants pleaded guilty to one count of conspiracy to defraud, contrary to Common Law. They are two employees of an EPD contractor, namely Chung Pui-chun, 60; and Cheung Kam-ning, 40, both weighbridge operators of Far East Landfill Technologies Limited (Far East) at the material time; and Lin Wenjian, 33, a former worker of T.S. Industrial Materials Recycle Limited (TSL).

Deputy District Judge Ms Leung Ka-kie adjourned the case to April 30 for mitigation and granted bail to the trio. Meanwhile, two charges of agent accepting an advantage, contrary to section 9(1)(a) of the Prevention of Bribery Ordinance, against Chung and Cheung were left on court file.

At the material time, Far East was engaged by the EPD to operate a landfill in Fanling for the disposal of construction waste and non-construction waste, including municipal waste. The disposal charge for construction waste was $200 per tonne, whereas non-construction waste was disposed of free of charge.

Trucks disposing of construction waste were required to use the construction waste entrance and produce chits issued by the EPD to Far East’s weighbridge operators to settle the disposal charge. Far East’s weighbridge operators conducted routine inspection of trucks and monitored their weight via computers to verify whether construction waste was being loaded. EPD staff also conducted surprise inspections on trucks entering the landfill.

TSL was a waste disposal company, operating a waste recycling site in Fanling, conveying construction waste to the landfill for its clients.

The ICAC investigation arose from a corruption complaint. Enquiries revealed that between January 2021 and June 2022, Lin, then worker of TSL, followed the instructions from a TSL truck driver to conceal the disposal of construction waste at the landfill by covering it with non-construction waste loaded onto TSL trucks. It was also found that these trucks entered the landfill through the non-construction waste entrance and evaded payments for the disposal of construction waste.

At the material time, Chung and Cheung, Far East’s weighbridge operators, assisted TSL trucks to avoid EPD inspection on various occasions and facilitated their entry through the non-construction waste entrance for the free unloading of construction waste at the landfill.

ICAC enquiries further revealed that during a period of approximately one month between mid-May and mid-June 2022, TSL declared that it had conveyed non-construction waste on approximately about 760 occasions while about 90 per cent of the trucks were disguised as carrying non-construction waste. In reality, a total of over 4,100 tonnes of construction waste, incurring disposal charges of over $830,000, were loaded onto the trucks.

Three other co-defendants, namely Mak Kim-kwan, truck driver of TSL; Mak Wah-sing, tipping face waste inspector of Far East and Chung Ching-kwan, weighbridge operator of Far East, earlier pleaded not guilty to a total of six charges – four of offering an advantage to an agent, one of agent accepting an advantage and one of conspiracy to defraud. The trial of this trio commenced today at the District Court.

The EPD and Far East rendered full assistance to the ICAC during its investigation into the case.

The prosecution was represented today by prosecuting counsel Ken Ng, assisted by ICAC officer Fiona Chan.