Recent ICAC Cases


29
Jul 2021
Duo guilty of fraud over $290,000 government green fundingA director and an employee of an air-conditioning system supplier, charged by the ICAC, were today (July 29) convicted of conspiracy to defraud the government of funding of $290,000 by submitting false quotations in relation to the installation of an environmental-friendly air-conditioning system for a printing company.Tsui Wai-man, 46, then director-cum-shareholder of now defunct Tomi Fuji. E.T. Limited (Tomi Fuji); and Wong Tsui-ting, 33, then assistant of Tomi Fuji, were found guilty of one count of conspiracy to defraud, contrary to Common Law.After delivering her verdict, Ms Amy Chan Wai-mun, sitting as Deputy District Judge, adjourned the case to August 18 for mitigation. The defendants were remanded in the custody of the Correctional Services Department.The case arose from a corruption complaint. Subsequent ICAC enquiries revealed the above offence.The court heard that in April 2008, the Environmental Protection Department launched the Cleaner Production Partnership Programme (the Programme) providing funding to encourage and facilitate Hong Kong-owned factories in Guangdong and Hong Kong to adopt clean production technologies and practices. The Hong Kong Productivity Council (HKPC) was the implementation agent for the Programme.Applicants for funding under the Programme must comply with the relevant procurement guidelines. Written quotations from at least five suppliers should be obtained if the aggregate value of a procurement project exceeded $50,000 but remained within $1.43 million.At the material time, Tsui was a director-cum-shareholder of Tomi Fuji, an air-conditioning system supplier. Wong was an assistant of the company.Upon Tsui’s recommendation, a printing company in Hong Kong engaged Tomi Fuji to install an environmental-friendly air-conditioning system and apply for funding under the Programme with the HKPC. In July 2014, the HKPC received an application of the printing company filed via Wong’s email for a funding of $300,000.In October 2014, Tsui instructed another employee of Tomi Fuji to submit a quotation of Tomi Fuji and four false quotations of four other engineering companies to the HKPC. The price quoted by Tomi Fuji was the lowest in comparison with those shown in the false quotations.Believing that the printing company had complied with the relevant procurement guidelines to obtain five written quotations, the HKPC approved the printing company’s funding application in December 2014. After Tomi Fuji completed the installation of the air-conditioning system, the HKPC released funding of $290,000 to the printing company in August 2016.ICAC enquiries revealed that the four engineering companies had never prepared and issued the four quotations submitted to the HKPC. The false quotations were in fact prepared by Wong and the aforesaid employee of Tomi Fuji upon Tsui’s instruction.The HKPC, the printing company and the four engineering companies concerned had rendered full assistance to the ICAC during its investigation into the case.The prosecution was today represented by Senior Public Prosecutor Anthea Kwok, assisted by ICAC officer Eric Siu.
29
Jul 2021
Logistics company operator charged after ICAC graft probe reveals scam to defraud NGO over transport service order worth $140,000The operator of a logistics company was charged by the ICAC yesterday (July 28) with conspiracy to defraud a welfare non-governmental organisation (NGO) by submitting quotations from three companies under his control for a transport service order worth over $140,000.The ICAC investigation arose from a corruption complaint. After seeking legal advice from the Department of Justice, Butt Wai-lun, 53, operator of Ruming Logistics (Hong Kong) Company Limited (Ruming Logistics), was charged with one count of conspiracy to defraud, contrary to Common Law.The defendant has been released on ICAC bail. He will appear in the Kowloon City Magistrates’ Courts tomorrow (July 30) for plea.At the material time, The Salvation Army Hong Kong and Macau Command (The Salvation Army), a welfare NGO, ran a Recycle Programme under which clothing and goods donated by the public would be distributed to its shops for sale.In early 2019, The Salvation Army conducted a quotation exercise for a transport service in relation to the Recycle Programme, and received three quotations submitted by Ruming Logistics operated by the defendant and two other companies.The charge alleges that on or about March 1, 2019, the defendant conspired together with an employee of Ruming Logistics and other persons to defraud The Salvation Army by dishonestly falsely representing that the quotations submitted by Ruming Logistics and the aforesaid two companies for the transport service concerned were genuinely competitive ones and prepared separately from and independently of each other, thereby deceiving The Salvation Army into granting the service order to Ruming Logistics.ICAC enquiries revealed that the aforesaid two companies were respectively set up by the mother-in-law and a friend of the defendant. The transport service order worth over $140,000 was eventually awarded to Ruming Logistics.The Salvation Army has rendered full assistance to the ICAC during its investigation into the case.
28
Jul 2021
Duo charged with bribery and fraud over carpark space leasingThe ICAC yesterday (July 27) charged a former employee of a property agency with bribery and a former employee of a property management company with fraud in relation to carpark space leasing matters in an industrial building.The ICAC investigation arose from a corruption complaint. Upon legal advice sought from the Department of Justice, the two defendants were charged in separate cases.At the material time, Wah Sing Property Management Limited (Wah Sing Property Management) provided property management services to Veristrong Industrial Centre which had over 100 carpark spaces.In July 2018, a tenant of the industrial centre approached the management office for renting a carpark space.In the first case, Mann Gavin Quentin, 64, former area superintendent of Wah Sing Property Management, and person-in-charge of the management office of Veristrong Industrial Centre at the material time, faces one count of fraud, contrary to Section 16A of the Theft Ordinance.The charge alleges that between July 1, 2018 and June 30, 2019, Mann falsely represented to the aforesaid tenant that he was authorised by the owner of a carpark space in the industrial building to handle all its leasing related matters, and with intent to defraud, induced the tenant to pay him rental and related payment totalling $36,000, which resulted in benefit to him or in prejudice to the tenant.In the second case, Lam Wai-ping, 68, former sales officer of Wah Ha Enterprises Limited (Wah Ha Enterprises), who was responsible for leasing another 10 odds carpark spaces in Veristrong Industrial Centre, faces one count of agent soliciting an advantage, contrary to Section 9(1)(b) of the Prevention of Bribery Ordinance.The charge alleges that on an unknown day in August 2019, Lam, without lawful authority or reasonable excuse, solicited $3,000 from the aforesaid tenant, as an inducement to or reward for showing favour to the tenant in relation to the leasing of a carpark space in the industrial building.The defendants have been released on ICAC bail, pending their court appearance in the Shatin Magistrates’ Courts tomorrow (July 29) for plea.Wah Sing Property Management and Wah Ha Enterprises have rendered full assistance to the ICAC during its investigation into the cases.
23
Jul 2021
Duo guilty of bribery over air conditioning works contractsA former technical manager of a property management company and the proprietor of a works contractor, charged by the ICAC, were today (July 23) convicted at the West Kowloon Magistrates’ Courts of bribery involving illegal rebates totalling over $18,000 for securing air conditioning works contracts of a private residential building.Ng Chun-ming, 40, former assistant technical manager of Hang Lung Real Estate Agency Limited (Hang Lung), was found guilty of one count of agent accepting an advantage, contrary to Section 9(1)(a) of the Prevention of Bribery Ordinance (POBO).Co-defendant Tam Chung-cheong, 60, proprietor of Hop Luen (Hong Kong) Engineering Co. Limited (Hop Luen), was convicted of one count of offering an advantage to an agent, contrary to Section 9(2)(a) of the POBO.Deputy Magistrate Ms Vivian Ho Wai-han adjourned the case to August 6 for sentence, pending background reports. The defendants were remanded in the custody of the Correctional Services Department.At the material time, Hang Lung was the management services provider of The Summit, a residential building in Wan Chai District. Ng was an assistant technical manager of Hang Lung, responsible for handling and supervising maintenance works of the building. Tam was the proprietor of Hop Luen, a contractor of Hang Lung, which engaged in air conditioning system maintenance works.The court heard that on September 16, 2019, Tam handed over an envelope to Ng. The envelope contained $18,100 in cash which was an inducement to or reward for Ng to facilitate the award of contracts of works by Hang Lung to Hop Luen.The envelope also contained a paper listing out 14 air conditioning system maintenance works of The Summit and various sums totalling $18,090. Ng was responsible for 13 of the 14 works. All 13 works were awarded to Hop Luen upon his recommendation.Hang Lung had rendered full assistance to the ICAC during its investigation into the cases.The prosecution was today represented by prosecuting counsel Priscilia Lam, assisted by ICAC officer Frankie Chow.
09
Jul 2021
Ex-insurance agent charged as bribery probe reveals deceptionA former insurance agent was charged by the ICAC yesterday (July 8) with obtaining an opportunity to earn commissions in an employment with an insurance agency by making false representation of her education background.The ICAC investigation arose from a corruption complaint. Upon legal advice sought from the Department of Justice, Wu Huali, 38, former insurance agent of AIA international Limited (AIA), was charged with one count of obtaining pecuniary advantage by deception, contrary to Section 18(1) of the Theft Ordinance.The defendant, who has been released on ICAC bail, will appear in the Eastern Magistrates’ Courts next Monday (July 12) for plea.All newly recruited insurance agents are required to register with the Hong Kong Federation of Insurers (HKFI) via their respective insurance companies before they are qualified to sell insurance products. As required by the HKFI, insurance agents must attain education of Form 5 level or equivalent.The charge alleges that on or about August 1, 2018, the defendant, by deception, dishonestly obtained for herself a pecuniary advantage by falsely representing that she had studied in a technical college in the Mainland from September 2001 to July 2004 and had graduated from it with a diploma; and the graduation certificate purportedly issued to her by the college was true, correct and complete.It is alleged that the defendant thus obtained an opportunity to earn remuneration containing commissions totalling over $34,000 in an employment with AIA as an insurance agent.AIA has rendered full assistance to the ICAC during its investigation into the case.

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