Recent ICAC Cases


13
Nov 2024
Works subcontractor charged by ICAC over $330,000 wage fraud and perversion over graft probeThe ICAC today (November 13) charged a works subcontractor and a worker for allegedly conspiring together to defraud a glass facade contractor of overpaid wages totalling over $330,000 by making false representations about workers’ attendance records. The subcontractor was also charged with perversion for allegedly instructing workers to falsely claim the latter’s attendance.Poon Tat-chun, 29, operator of Ocean Crown Enterprise Ltd (OCL); and Law Ka-ming, 29, then worker of OCL, jointly face one count of conspiracy to defraud, contrary to the Common Law. Poon further faces one count of doing an act tending and intended to pervert the course of public justice, contrary to the Common Law.The duo were released on ICAC bail, pending their appearance at the Eastern Magistrates’ Courts on Friday (November 15) for mention. An application will be later lodged by the prosecution for transferring the case to the District Court for plea.At the material time, Poon was the operator of OCL engaged by a glass facade contractor to provide workers to conduct glass installation works at the construction site of a private residential estate on Lantau Island. OCL employed some 10 workers, including Law, to work at the construction site at a daily wage each ranged from $1,050 to $1,400.It is alleged that between February and April 2021, Poon and Law conspired with another OCL worker to overstate the number of working days of some workers and falsely represent to the contractor that the attendance records submitted by OCL were genuine to deceive the contractor into overpaying wages totalling over $330,000 to OCL.The ICAC investigation arose from a corruption complaint. Enquiries revealed that Poon had allegedly instructed Law and other workers to make false representations about their attendance records, and requested the workers to return the overpaid wages to him each month.In addition, Poon allegedly perverted the course of public justice in the course of the ICAC investigation into the scheme. It is alleged that in late April 2022, Poon requested one of the OCL workers to pass a message to three other workers, asking them to falsely tell ICAC officers that they had signed the workers’ attendance records concerned, and to reply all questions asked by ICAC officers by saying “no idea”.ICAC enquiries revealed that the worker found Poon’s instruction improper, and did not follow the instruction which requested other workers to tell lies in the ICAC investigation.The glass facade contractor rendered full assistance to the ICAC during its investigation into the case.
13
Nov 2024
Ex-general manager of pharmaceutical wholesaler among three charged by ICAC over $1.1m service fees fraud and money launderingA then general manager of a pharmaceutical wholesaler and his subordinate were charged by the ICAC yesterday (November 12) for making false representation about consultancy and other services provided by a secretarial services company operated by the subordinate to defraud the pharmaceutical wholesaler of service fees totalling over $1.1 million. Meanwhile, a business partner of the subordinate was charged with money laundering.Watson Yau Wei-ching, 54, then general manager of Kingworld Medicine Healthcare Limited (Kingworld Medicine); and Alen Yu Yuen-to, 43, then marketing officer of Kingworld Medicine, jointly face two counts of fraud, contrary to section 16A(1) of the Theft Ordinance. Yau further faces another count of fraud.Co-defendant Chau Pak-ho, 40, director cum shareholder of Asia Great Services Limited (Asia Great), faces one count of dealing with property known or believed to represent proceeds of an indictable offence (commonly known as money laundering), contrary to section 25(1) of the Organized and Serious Crimes Ordinance.The three defendants were released on ICAC bail, pending their appearance at the Eastern Magistrates’ Courts tomorrow (November 14) for mention. The prosecution will later apply for transferring the case to the District Court for plea.Between February 2017 and September 2023, Kingworld Medicine was a distributor and wholesaler of pharmaceuticals and healthcare products in Hong Kong and the Mainland. Yau oversaw sales and marketing of Kingworld’s products, while Yu was his subordinate. Yu and Chau were also directors and shareholders of Asia Great which provided secretarial services to clients.Hong Kong Ling Feng Advertising Company Limited (Ling Feng Advertising) was a contractor of Kingworld Medicine responsible for promoting its products. Kingworld Medicine would pay the contract sum to Ling Feng Advertising in advance for deduction of the product promotion costs.The charge alleges that Yau and Yu had falsely represented to Kingworld Medicine that seven invoices issued by Asia Great were genuine, and with intent to defraud, induced Kingworld Medicine to pay Asia Great consultancy services fees totalling over $530,000. Yau, with intend to defraud, also allegedly induced Kingworld Medicine to pay Asia Great print and design services fees in a sum of $62,000 by similar means.It is also alleged that the duo had falsely represented to Ling Feng Advertising that six invoices issued by Asia Great were genuine, and with intent to defraud, induced Ling Feng Advertising to pay consultancy services fees totalling over $540,000 to Asia Great on behalf of Kingworld Medicine, and deduct an amount of over $580,000 from the contract sum of an annual advertising contract between Kingworld Medicine and Ling Feng Advertising.The ICAC investigation arose from a corruption complaint. Enquiries revealed that Asia Great had never provided Kingworld Medicine with the services stated in the invoices concerned.Meanwhile, co-defendant Chau is alleged to have dealt with a sum of about $180,000 in the bank account of Asia Great, knowing or having reasonable grounds to believe that it, in whole or in part, directly or indirectly represented proceeds of an indictable offence.Kingworld Medicine and Ling Feng Advertising rendered full assistance to the ICAC during its investigation into the case.
08
Nov 2024
Yuen Long small house ‘Ding Rights’ cases: Two applicants charged by ICAC admit conspiracy to defraud Lands DepartmentThe ICAC had earlier charged 11 people, including the operator of a small house developer, a village representative and small house applicants, for allegedly conspiring to deceive the Lands Department into granting various building licenses for a small house estate development project in Yuen Long by transferring the “Ding Rights” concerned. Two of the small house applicants today (November 8) admitted their roles in the scam at the Tuen Mun Magistrates’ Courts.Small house applicants Choi Wai-sang, 63, and Jimmy Tang Kiu-chin, 74, each pleaded guilty to one count of conspiracy to defraud, contrary to the Common Law. Acting Principal Magistrate Mr Daniel Tang Siu-hung adjourned the case to November 29 for sentence, pending the duo’s background reports, and remanded them in the custody of the Correctional Services Department.Under the New Territories Small House Policy, every male indigenous inhabitant of the New Territories aged 18 or above may exercise his “Ding Right” once and apply to the Lands Department for building a small house within a recognised village of the New Territories for his own occupation. A “Ding Right” is not transferrable.Choi and Tang admitted that between February and June 2006, they each made an application to the Lands Department for building a small house in Shui Tsiu San Tsuen in Yuen Long for their own occupation. The duo claimed to the department that they were respectively the sole legal and registered owner of the lots of land concerned; and that they had never entered into any agreements with others to transfer or otherwise deal with their lots of land or relevant interests; and that they had no intention to sell their “Ding Rights” to other individuals or developers.Believing that the information stated in the applications was genuine, the Lands Department granted the duo building licenses.The ICAC investigation arose from a corruption complaint. Enquiries revealed that since November 1991, a number of individuals, including Choi and Tang, had applied for building small houses in Shui Tsiu San Tsuen. The small houses were subsequently sold to members of the public by a developer under the name of a private estate and each small house was sold at market price ranging from $9 to $13 million. The developer concerned received over $1,000 million for the sale of 115 small houses in the private estate.ICAC enquiries also revealed that since the 1990s, an indigenous inhabitant representative and other middlemen started the development of the estate project in Shui Tsiu San Tsuen by purchasing “Ding Rights” from indigenous inhabitants of Yuen Long. Choi and Tang had conspired with the middlemen to sell their “Ding Rights” at $100,000 each, totalling $200,000.Later in about March 2005, a developer entered into an agreement with the indigenous inhabitant representative and appointed the latter as its trustee to jointly develop the small house project. The indigenous inhabitant representative and the middlemen then continued to purchase more “Ding Rights” from indigenous inhabitants and arranged for them to apply for building licences to build small houses in Shui Tsiu San Tsuen.The Lands Department offered full assistance to the ICAC during its investigation into the cases. The prosecution was today represented by ICAC officer Astor Yu.Meanwhile, other individuals allegedly involved in the same scam, namely Edward Wong Kwong-wing, 75, operator of Wing Smart Construction Limited, and Ching Chan-ming, 67, indigenous inhabitant representative of Shui Tsiu San Tsuen, were earlier jointly charged by the ICAC in a separate case with one count of conspiracy to defraud. They pleaded not guilty to the charge in December 2023. The case is set for trial at the District Court on February 10, 2025.The remaining seven small house applicants charged by the ICAC in separate cases are Wong Kwun-sing, Chan Chi-ming, Chan Wing-kin, Leung Kam-yick, Lung Fok-ye, Yeung Kai-kwong and Lok Tin-lung, aged between 43 and 74. They did not enter plea when they appeared at the Tuen Mun Magistrates’ Courts today. The case of Wong Kwun-sing and Chan Chi-ming was adjourned to December 6 for mention, while the case of the remaining five defendants was adjourned to January 17 next year for plea.
05
Nov 2024
Then listed company deputy general manager gains AUS$2.9m in investment opportunity, charged by ICAC with bribery over overseas property projectsA then deputy general manager of a listed company and his mother were charged by the ICAC yesterday (November 4) for allegedly conspiring with an Australian businessman to accept an investment opportunity from the latter for the then deputy general manager to show favour to the businessman in relation to the listed company’s investments in overseas property development projects.Ng Wai, 45, then deputy general manager of Beijing Capital Land Limited (BCL); and his mother Han Shang-min, 74, jointly face one count of conspiracy for an agent to accept advantage, contrary to section 9(1)(b) of the Prevention of Bribery Ordinance and section 159A of the Crimes Ordinance. The duo were released on ICAC bail, pending their appearance at the Eastern Magistrates’ Courts tomorrow (November 6) for mention.BCL was listed on the Hong Kong Exchanges and Clearing Limited from 2003 to 2021. At the material time, Ng was the deputy general manager of BCL, as well as the general manager of BCL’s branch in Australia.Upon Ng’s recommendations, BCL made investments to various property development projects in Australia since 2014. Most of the projects were developed by companies associated with an Australian businessman.The charge alleges that between June 2014 and November 2021, Ng and his mother, Han, accepted from the Australian businessman an advantage – an investment opportunity – for Ng to show favour to the Australian businessman and his associated companies in relation to the business of BCL.The ICAC investigation arose from a corruption complaint. Enquiries revealed that Ng invested AUS$6 million in the investment opportunity offered to him and received a repayment of about AUS$8.9 million, making a profit of about AUS$2.9 million out of the investment. Meanwhile, Han allegedly participated in the corrupt dealings and dealt with the payments concerned.
04
Nov 2024
Then manager of printing company charged by ICAC admits $420,000 wage fraud over mother’s serviceA then manager of a printing company, charged by the ICAC, today (November 4) admitted at the Eastern Magistrates’ Courts that he had arranged his mother to serve as a temporary staff member and made false representations about her working hours to swindle wages totalling over $420,000 in 18 months.Fong Lung, 39, then service delivery management manager of FUJIFILM Business Innovation Hong Kong Limited (FUJIFILM), today pleaded guilty to 18 counts of fraud, contrary to section 16(A) of the Theft Ordinance. The aforesaid 18 charges against his mother Cheung Lai-lin, 67, were withdrawn.Acting Chief Magistrate Mr Don So Man-lung adjourned the case to November 25 for sentence, pending Fong’s background report, and remanded Fong in the custody of the Correctional Services Department.The court heard that at the material time, Fong was a service delivery management manager of FUJIFILM and was authorised to engage temporary staff to tackle a manpower shortage, through a human resources agency engaged by FUJIFILM.In August 2021, Fong arranged Cheung to be employed by the human resources agency at an hourly rate of $75 so as to deploy Cheung to work in FUJIFILM. According to Cheung’s working hours, the human resources agency would charge FUJILFILM fees, including wages of its staff.The ICAC investigation arose from a corruption complaint. Enquiries revealed that in 18 consecutive months between August 2021 and February 2023, Fong falsely represented Cheung’s working hours when he submitted Cheung’s working timesheets to the human resources agency each month. Meanwhile, when the agency issued relevant consolidated timesheets and invoices to FUJIFILM for fees, Fong confirmed the accuracy of the content for on 17 occasions during the aforesaid period.The ICAC investigation revealed that within the period, Fong falsely represented that Cheung had worked in FUJIFILM for 5,700 hours, and hence deceived the two companies into releasing relevant wage payments totalling over $420,000 to Cheung. However, Cheung had never performed any duties in FUJIFILM at the material time.FUJIFILM and the aforesaid human resources agency rendered full assistance to the ICAC during its investigation into the case.The prosecution was today represented by ICAC officer Chase Wong.

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