A KWAI Chung firm has been ordered to pay more than $1 million to China Light and Power (CLP) for unlawfully tapping electricity for more than 10 years. Mr Justice Liu in the High Court said in his judgement that the third party, Mr Leung Tak-cheung, the manager of the building, must be, if ever legally possible, held responsible for the actual loss. Counsel for CLP, Mr Joseph Fok, will appear before Mr Justice Liu on Monday to present the exact figure to the defendant company, See Kong Silk Ltd, and Mr Leung. The claim was for back charges for electricity consumed but not recorded in two meters on the ground floor of the Song Ling Industrial Building on Chuen Ping Street, Kwai Chung. In November 1976 the premises were assigned to the defendant. Four years later they were sold to Mr Leung. About a month later another company acquired the property, but the sale went through with the defendant as vendor and Mr Leung as confirmor. CLP meters had been installed, one at a time, since 1976. The court heard that in May 1980, three seals and the terminal box seal of the first CLP meter were discovered to be missing. A second meter was installed and Mr Leung was arrested. In August 1986 the seals of the second meter were found to be damaged. A third meter was then installed. Mr Leung was charged in the District Court with conspiracy to defraud CLP by tampering with the first and second meters. He was convicted of tampering. The case involved the use of unauthorised sub-meters and tampering with the meter dial. In the District Court case the Crown alleged that the theft of electricity amounted to about $5 million. But in the civil case the evidence fell far short of that alleged figure. The court heard that CLP's back charge billing had to be calculated in accordance with its 1985 supply rules, which state ''on the basis of its records, available technical evidence, the customer's consumption history and other relevant circumstances make retrospective adjustment to the consumer's account''. The court found that this method enjoyed the overall approval of CLP's technical and professional staff. It was also supported by an outside electrical engineer expert. Mr Justice Liu granted judgement for CLP against the defendant in the sum calculated in the manner suggested by CLP. The final figure will be decided by the parties on Monday.
