Hong Kong activist sentenced to 120 hours of community service for defrauding gov't in welfare scheme

HKFP

5 days ago

A Hong Kong activist has been handed 120 hours of community service for defrauding the government of HK$16,780 in welfare benefits from a subsidy scheme for the elderly.
Eddie Tse, a 68-year-old licensed social worker, appeared at the Eastern Magistrates' Court on Thursday morning. He earlier pleaded guilty to four counts of fraud relating to the government's Old Age Living Allowance scheme, which gives a monthly stipend to those aged 65 and above earning below a certain income.
The judge sentenced Tse to 120 hours of community service, saying he took his remorse into account.
According to the prosecution's case, Tse defrauded the Social Welfare Department (SWD) of four monthly payments of HK$4,195 last year – in July, August, November and December – a total of HK$16,780.
The subsidy is means-tested with a monthly income cap of HK$10,710 for a single person, or HK$16,330 for a married couple. The SWD requires beneficiaries whose income exceeds the limit after the one-year grace period to declare to authorities, but Tse did not, the prosecution alleged.
Tse was said to have hidden income from his part-time job as a supervisor at the Hong Kong Polytechnic University, as well as commission for his work on the Social Workers Registration Board's disciplinary committee, which exceeded the Social Welfare Department's cap.
His lawyer, Andy Chan, said during a mitigation hearing earlier this month that those jobs did not provide Tse with a fixed monthly income.
At the sentencing, Magistrate David Cheung questioned why Tse had pleaded guilty if his case was that he had mistakenly believed he qualified for the welfare scheme after calculating and averaging his income by month.
Chan said there was no conflict between Tse's guilty plea and his case, and that the basis of his plea direction was recklessness, as he had not made precise calculations to check his eligibility for the scheme.
Legal aid application
A veteran activist, Tse has advocated on a host of issues relating to his social work profession and beyond, from environmental matters to columbaria.
The fraud case came to light after Tse applied for legal aid last August for his judicial review – a legal tool to challenge government policies – of the authorities' controversial plan to build the San Tin Technopole, a tech hub near the city's border with mainland China.
Tse, as well as other activists and green groups, has expressed concerns about the potential harm to wetland conservation efforts.
Legal aid applications are means-tested, meaning they are subject to the authorities' review of applicants' financial circumstances. Tse's application was left hanging for months, prompting the court to delay the judicial review.
Tse was arrested for fraud in January, and days later, his legal aid application was rejected.
The judicial review was dismissed in April, after a High Court judge barred former pro-democracy councillor Debby Chan from taking over the challenge from Tse.
During hearings related to the judicial review, Tse's lawyer said he and his family members had been on the receiving end of harassment due to his attempt to challenge the government.