The former consultant doctor negotiated cooperation with the WHO, falsely claiming that it could collect 4.2 million for fraud and other crimes pending conviction

Gan Qiwen, a former consultant doctor of the Centre for Health Protection, was accused of setting up an account for a doctor's association he founded. When discussing and cooperating with WHO and other organizations, he falsely claimed that the association was a public institution equivalent to the Department of Health. money, which led the groups to deposit about 4.2 million in accounts controlled by Gan.

Gan was arrested by the ICAC earlier. He pleaded guilty to 5 counts of misconduct in public officials and fraud in the District Court today (23rd). When his lawyer pleaded for mercy, he said that Gan had indeed benefited, but he had paid compensation to the Department of Health. Hope to get a light sentence in court.

The judge adjourned the sentencing until June 17.

Gan pleads guilty to 5 counts

Defendant Kam Kai Man (64 years old), who was a medical microbiology consultant doctor of the Department of Health at the time of the crime, worked in the Public Health Laboratory Services Division of the Centre for Health Protection and is now retired.

He pleaded guilty to four counts of misconduct in public office, two counts of fraud, and one count of using a false instrument, which was filed in court.

Defendant Gan Qiwen (right) pleaded guilty to five crimes including misconduct by public officials and fraud.

(file picture)

The defense presents 60 letters of pleading

The defense submitted more than 60 pleading letters, which were written by their supervisors in health protection, colleagues, overseas scholars, etc., all of which pointed out that Gan was a hard-working and humble person who worked in the Department of Health as early as the 1980s and devoted his life to to serve the public.

After retirement, he continued to invest in the education industry, worked as an assistant professor at the university, and published more than 400 academic papers.

In addition, during the SARS outbreak in 2003, he went to Amoy Gardens to test virus samples, and when the new crown pneumonia was raging in Hong Kong, he also held several lectures on vaccination.

Compensation has been paid to the Department of Health

The defense continued to point out that Gan now feels very regretful and that this case is relatively minor among similar cases.

Gan did benefit from the activities involved in the case, but these activities were held very successfully. Both the WHO and the Department of Health were satisfied with their performance. In May this year, he had paid full compensation to the Department of Health, and he hoped that the court would give a light sentence. .

The case is delayed

In addition, the ICAC arrested Gan for the incident as early as 2014. Gan was then temporarily released in 2017 and will not be arrested again until 2021.

The defense therefore believes that there is a delay in the case, and hopes that the court can consider commuting the sentence as appropriate.

Temporary Judge Lao Jieyi listened to the plea and adjourned the case to June 17 for sentencing, during which the defendant was still awaiting sentencing.

Falsely claiming that its association is the equivalent of the Department of Health

The facts of the case allege that Gan established the Hong Kong Doctors of Microbiology Association (hereinafter referred to as the Association) with a number of local microbiologists in 1992. Gan opened a DBS bank account for the association in the same year and was the sole owner of the account.

Between September 2005 and January 2013, he told representatives of the National Institute of Infectious Diseases in Japan, the WHO and the Innovative Diagnostics Foundation, respectively, that the association was a public agency equivalent to the Department of Health, and that he had been authorized to work with the The Japan Research Institute signed a service agreement to hold seven workshops and one conference on the tracking of food-borne diseases, and obtained funding totaling about HK$1.28 million.

False claim that authorization allows laboratories to perform testing services

Kam also falsely claimed that the association was a partner of the Hong Kong Tuberculosis Reference Laboratory. He was authorized to provide services related to tuberculosis drug susceptibility testing by the laboratory, and signed three agreements with the WHO with a total value of more than HK$500,000. service charge.

The Department of Health provides services but the association account is charged

In addition, Gan said that the association is a non-profit organization equivalent to the Hong Kong Tuberculosis Reference Laboratory, and was licensed by the laboratory to charge fees, and signed two memorandums of understanding with the foundation, with a total service fee of about 1.86 million Hong Kong dollars. .

However, although these activities and services are ultimately provided by the Department of Health, the funds are collected from the association's bank account.

Falsely claiming that the lab does not have a separate bank account

Two other fraud charges allege that between April 2012 and March 2014, Gan falsely claimed to a WHO representative that the association was a "working partner" of the Hong Kong Tuberculosis Reference Laboratory, which had no independent bank. The account could receive payment from the WHO with the intent to induce the representative to enter into three other agreements on training and TB drug susceptibility testing, and transfer a total of approximately HK$620,000 to the association's bank account for these agreements, resulting in the benefit of Gan .

Case number: DCCC 353/2021

ICAC sues former consultant doctor Kam Kai-man of the Centre for Health Protection for abusing public office to embezzle 4.2 million correctional assistants for allowing prisoners to use mobile phones and introducing cigarettes with released prisoners Sentenced to 7 months in prison However, the evidence is insufficient to convict the male police officer who accused the victim of the two cases to no longer provide a statement, delay the investigation and terminate the alleged misconduct. The ICAC sued the assistant general manager of Hongkong Post for concealing the conflict of interest.