Ex-senior manager of developer and five from subcontractors charged by ICAC guilty of bribery over leakage of tendering documents

A senior construction manager of a developer and five directors and staff of four subcontractors, charged by the ICAC, were today (October 28) convicted after trial at the Shatin Magistrates’ Courts of bribery offences. The manager had accepted advantages worth about $180,000, including cash, gifts, etc., provided by the co-defendants for disclosing internal documents and information to assist the latter in the tendering exercises for various work packages of 10 construction projects.

The defendants were Constant So Shun-ching, 57, then senior construction manager of Henderson Land Development Company Limited (Henderson Land); Mak Hung-cho, 69, shareholder-cum-director of Lee Shing Masonry Engineering Limited (Lee Shing); Zheng Weicheng, 43, shareholder-cum-director of King Fung Development & Construction Company Limited (King Fung); Chung Yiu-hon, 37, staff member of King Fung; Chow Kit, 50, director of Trigon Building Materials Limited (Trigon); and Chan Lok-kau, 69, consultant of Kinway Engineering Limited (Kinway).

The six defendants were found guilty of a total of four counts of conspiracy for agent to accept advantages, contrary to section 9(1)(a) of the Prevention of Bribery Ordinance (POBO) and section 159A of the Crimes Ordinance.

Magistrate Mr Jeffrey Sze Cho-yiu adjourned the case to November 27 for mitigation and sentence. The defendants were remanded in the custody of the Correctional Services Department.

The court heard that at the material time, So was a senior construction manager of Henderson Land. He was responsible for overseeing the works conducted by subcontractors, and providing assistance in tendering exercises of work packages. Lee Shing, King Fung, Trigon and Kinway were registered subcontractors of Henderson Land. They were respectively responsible for plastering, concrete formwork and structure, false ceiling and miscellaneous works.

The offences took place between June 2014 and July 2021. So had accepted from the five co-defendants various advantages worth totalling about $180,000 for assisting the four subcontractors – Lee Shing, King Fung, Trigon and Kinway – in the tendering exercises of Henderson Land or its subsidiaries.

The advantages which So had accepted were $100,000 in cash, four smartphones worth totalling over $46,000, a birthday banquet worth over $9,000, hotel accommodation in Macao worth about $5,700 and furniture worth $18,000.

The ICAC investigation revealed that So had disclosed to the five co-defendants the internal tender documents of Henderson Land in relation to various work packages of 10 residential as well as industrial and commercial construction projects. Such documents contained information including Henderson Land’s estimated cost for the relevant works as well as that concerning tenderers which had submitted the lowest bids.

Henderson Land rendered full assistance to the ICAC during its investigation into the case.

The prosecution was today represented by prosecuting counsel Victor Chiu, assisted by ICAC officer Vincent Ching.

The ICAC has been actively promoting anti-corruption messages in the construction industry, reminding practitioners to adhere strictly to the POBO and not to abuse one’s official capacity for accepting bribes, thus undermining the integrity of the tendering system and clean business environment.