Recent ICAC Cases

18
Aug 2023
Three former bank staff charged by ICAC jailed for bribery for divulging customer data

Three former employees of a bank, charged by the ICAC, were today (August 18) sentenced to jail terms ranging from 10 to 45 months for bribery and dishonest access to computer for conspiring together to accept bribes of over $200,000 so as to divulge confidential information of over 680 customers in the bank computer system to others for touting personal loan business.

Yip Fai, 43, former treasures relationship manager of DBS Bank (Hong Kong) Limited (DBS Bank), was sentenced to 45 months’ imprisonment. Wong Hiu-yan, 38, and Shek Yin-yui, 35, both former direct sales representatives of DBS Bank; were jailed for 10 months and 13 months respectively.

The sentencing of co-defendant Charlie Cha Cheuk-wang, formerly known as Cha Yu and Cha Lik, 34, former direct sales manager of DBS Bank, was adjourned to September 11, pending his community service order report.

In sentencing, Deputy District Judge Mr Daniel Tang Siu-hung reprimanded the four defendants for committing the offences premeditatedly in an organised manner. The offences constituted a breach of trust, undermined the reputation of the bank and eventually affected the public’s confidence in the banking system.

Yip was earlier found guilty of 37 charges – seven of conspiracy for agent to accept advantages, contrary to section 9(1)(a) of the Prevention of Bribery Ordinance and section 159A of the Crimes Ordinance; and 30 of access computer with criminal or dishonest intent, contrary to section 161(1)(c) of the Crimes Ordinance. Wong, Shek and Cha were all convicted after trial for five of the bribery charges.

The offences took place between November 2015 and December 2016. At the material time, Yip was a treasures relationship manager of DBS Bank posted to the North Point Branch. He was responsible for handling customers who held assets over $1 million in the bank. Cha was a direct sales manager of DBS Bank’s unsecured lending department. A team of direct sales representatives was under his supervision to promote personal loan business.

DBS Bank maintained a computer system storing customers’ confidential information. Yip was granted access to the system while staff members promoting personal loan business did not have access right to it.

The court heard that Yip individually made an agreement with five staff members promoting personal loan business, including the three co-defendants, for Yip to provide confidential customer information obtained from the bank computer system for four of them, including Wong and Shek, to tout personal loan business. Should the four persons successfully procure any loan for a customer, they were required to pay a certain percentage of the net loan amount to Yip as rewards.

Yip also instructed Shek to divulge the information obtained by him from the bank computer system to two other persons for touting personal loan business. The duo were a financial intermediary and an employee of another bank. They were required to pay a certain percentage of the net loan amount to Shek and Yip for successfully procuring any loan.

ICAC enquiries revealed that at the material time, Yip obtained confidential information of over 680 customers from the bank computer system and divulged the information to others for touting personal loan business. As a result, Yip and Shek accepted illegal commissions totalling over $200,000.

DBS Bank did not allow its staff members to accept an advantage in relation to its affairs or business, or to communicate its confidential customer information to any unauthorised party for the purpose of promoting loans.

DBS Bank had rendered full assistance to the ICAC during its investigation into the two cases.

The prosecution was today represented by Acting Senior Public Prosecutor Douglas Lau and prosecuting counsel Scottie Yan, assisted by ICAC officer Emily Cheung.

An ICAC spokesperson noted that the ICAC attaches great importance to the integrity standard of the banking industry. Bank staff are reminded to uphold a high standard of integrity and abide by the laws. To promote probity culture in the banking sector, an Ethics Promotion Programme for the Banking Industry was launched to help managerial and other ranks of bank staff understand common corruption loopholes. In addition, the ICAC had earlier organised a two-day Professional Anti-Corruption Training in Banking Management and launched the “Corruption Prevention Guide for Banks” to assist banks in managing corruption risks in core operations.

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