Two months’ jail for registered electrical worker charged by ICAC with conspiracy to defraud EMSD by falsifying applicant’s work experience

A registered electrical worker, charged by the ICAC, was today (October 12) sentenced to two months’ imprisonment at the West Kowloon Magistrates’ Courts, following his earlier guilty plea to conspiracy to defraud for assisting an applicant in falsifying his work experience in the application for registration as an electrical worker with the Electrical and Mechanical Services Department (EMSD).

Chan Kwok-wai, 45, a then registered electrical worker employed by Kam Lok Disco Lighting & Sounds Company Limited (Kam Lok), earlier pleaded guilty to one count of conspiracy to defraud, contrary to Common Law.

In sentencing, Magistrate Ms Amy Chan Wai-mun took a starting point of three months’ imprisonment and reduced the jail term of the defendant to two months having considered his guilty plea.

Any person carrying out electrical works in Hong Kong is required to register with the EMSD as a Registered Electrical Worker. The registration certificate is categorised into five grades, with Grade A (commonly known as Grade A Electrical Work Certificate) being the entry-level qualification. Applicants must have at least five years of work experience in electrical engineering companies, including a minimum of one year working under the supervision of a registered electrical worker, and submit relevant supporting documents for the EMSD’s assessment.

The court heard that a man filed an application with the EMSD for a Grade A Electrical Work Certificate in mid-2021, but was informed by the EMSD that his supporting documents were incomplete, and requested him to submit supplementary work experience proof. The applicant then sought assistance from Chan through the introduction of a friend.

The applicant subsequently submitted supplementary supporting documents, including a proof issued by Chan under the name of Kam Lok without authorization, falsely stating that the applicant was employed by Kam Lok between September 2011 and December 2015 under Chan’s supervision. The applicant was eventually granted a Grade A Electrical Work Certificate, while Chan received $15,000 from the applicant during the application process.

The ICAC launched an investigation after receiving a corruption complaint involving an application for a registered electrician’s licence. Enquiries revealed that Kam Lok had never employed the applicant, and that Chan had never been authorised to certify the reference letter. The applicant, a co-defendant in the same case, 49, was also charged with the same conspiracy to defraud charge. His case was adjourned to November 19 for mention.

The EMSD and Kam Lok rendered full assistance to the ICAC during its investigation into the case. The prosecution was today represented by ICAC officer Keaton Ma.

In a separate case, the ICAC last Friday (October 9) also charged the proprietor of a design firm for allegedly conspiring with an applicant to deceive the EMSD into granting a Grade A Electrical Work Certificate. The case will be brought before Kwun Tong Magistrates’ Court tomorrow (October 13).

Ho Chi-bing, 53, sole proprietor of Live Concept Design and Contracting Limited (Live Concept), faces one count of conspiracy to defraud, contrary to the Common Law. The charge alleges that between December 2023 and February 2024, the defendant conspired with an applicant to defraud the EMSD by falsely stating that the applicant was employed by Live Concept between November 2016 and November 2023 for installation and maintenance works, thereby inducing the EMSD to approve and issue a Grade A Electrical Work Certificate to the applicant.

Registering as an electrical worker using false work experience undermines the quality of electrical works and compromises public safety. The ICAC has provided corruption prevention recommendations to the EMSD regarding the registration and regulatory procedures for electrical contractors and workers. The EMSD has implemented the recommendations and revoked the certification of the applicant in the cases involved. The ICAC will continue to collaborate with the EMSD to enhance professional integrity in the industry and eradicate malpractices.