A then Assistant Business Manager of the Hong Kong Trade Development Council (HKTDC) was charged by the ICAC yesterday (February 26) with misconduct in public office (MIPO) for allegedly divulging confidential tender information, including evaluation criteria and tender proposals submitted by other bidders, to a personal friend for assisting the latter to secure an online market platform enhancement project at over $2.3 million. The personal friend faces an offence of aiding or abetting another person to commit MIPO.
Leung Sui-ying, 38, then Assistant Business Manager, System & Content Development of the HKTDC, faces one count of MIPO, contrary to Common Law.
Chow Hang-yip, 39, director cum shareholder of AF Trinity Technologies Limited (ATTL), faces one count of aiding, abetting, counselling or procuring the commission by another person of the offence of MIPO, contrary to Common Law, and section 89 of the Criminal Procedure Ordinance.
The two defendants were released on ICAC bail, pending their appearance at the Eastern Magistrates’ Courts tomorrow (February 28) for plea.
At the material time, the HKTDC carried out a website enhancement project for its online market platform – e-Marketplace. Leung was one of the staff members responsible for the project. She was required to prepare the relevant tender documents and the evaluation criteria, as well as to source potential vendors. The HKTDC subsequently invited four vendors to to bid for the project and ATTL set up by Chow was one of the bidders. Eventually, the project, incurring payment of over $2.3 million, was awarded to ATTL. According to the contract, subcontracting was not allowed.
The “confidential” clause in the employment contracts of HKTDC staff stipulated that staff members were not allowed to divulge confidential information of the HKTDC. According to the code of conduct of the HKTDC, its staff members should not disclose any classified information of the HKTDC without authorisation.
It is alleged that between December 2018 and March 2019, Leung wilfully misconducted herself in the course of or in relation to her public office, without reasonable excuse or justification, to facilitate the award of the project to ATTL.
Leung had allegedly divulged confidential information of the tender exercise for the project to Chow. When conducting the tender exercise, Leung allegedly assisted Chow in the drafting and compilation of the technical proposal of ATTL, and assisted in the preparation of the oral presentation of ATTL. It is also alleged that Leung had concealed from the HKTDC that ATTL would be subcontracting part of the project to another company. Meanwhile, Chow had allegedly aided, abetted, counselled or procured Leung to misconduct herself.
The ICAC investigation arose from a corruption complaint. Enquiries revealed that Leung had allegedly divulged the scope of work for the project to her personal friend Chow before the tender exercise started. Leung had also allegedly divulged to Chow the evaluation criteria and the technical proposals submitted by three other bidders to the HKTDC.
The HKTDC rendered full assistance to the ICAC during its investigation into the case.
An ICAC spokesperson notes that public officials should maintain a high standard of integrity and should not disclose confidential information without authorisation in exchange for benefits.
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