Government workers fined for toilet trickery
Four workers in the Leisure and Cultural Services Department who tricked the government into paying for toilets that were installed in the management office of Quarry Bay Park were fined yesterday.
Magistrate William Lam Kui-po ordered Chan Sau-yan to pay HK$66,000. He fined the others, lower-level staff who acted under Chan's instructions, between HK$2,000 and HK$5,000.
Chan, 50, earlier pleaded guilty to two counts of conspiracy to defraud and Chan Muk-kiu, 40, to one count. Chan Tung-yuen, 38, and Yeung Wai-yung, 40, who each pleaded not guilty to one count, were convicted after their trial in Eastern Court yesterday.
Conspiracy to defraud carries a maximum sentence of 14 years' jail.
In sentencing, Mr Lam considered as a mitigating factor the fact that the four public servants were expecting disciplinary action.
Chan Sau-yan, a senior amenities assistant, had two toilets and sinks installed in the management office at Quarry Bay Park phase two in 2007. Under his instructions, the staff, all amenities assistants, lied about needing small repairs at three parks and requested that the Architectural Services Department provide funding, which was used to cover the cost of the toilets and sinks.
Chan Sau-yan worked at phase one, Chan Muk-kiu and Chan Tung-yen at phase two, and Yeung at Sai Wan Ho Playground.
The department paid HK$6,750 in bogus repair fees that went towards the toilets and sinks, but investigators estimate the cost at up to HK$10,000. They must now be removed at a cost of HK$9,500 because they are illegal structures. Chan Sau-yan has agreed to pay the Architectural Services Department the cost of installing and removing the toilets and sinks.
A lawyer for Chan Sau-yan said in mitigation that the senior assistant, a civil servant for 30 years, installed the toilets to make life easier for staff, and he had not had the toilets built in the phase two management office for personal gain. The lawyer said the civil servant had discussed the idea with one of his superiors, but the department did not have the finances.
Lawyers said the staff were merely following their superior's instructions when they made the requests for bogus small repairs.
Chan Sau-yan had developed depression because of the case and Yeung had attempted suicide three days after his arrest, the court heard.
