Recent ICAC Cases

22
Aug 2023
Ex-insurance agent jailed for $750,000 commission fraud revealed in ICAC graft probe

A former insurance agent, charged by the ICAC, was today (August 22) sentenced to 30 weeks’ imprisonment at the Kowloon City Magistrates’ Courts for defrauding an insurer of commissions totalling about $750,000 by making false representations in five insurance policy applications about the occupations and monthly incomes of the applicants or the relevant handling agent. The illegal activities were revealed in the course of a corruption investigation.

Chow Tsz-sin, former known as Zhou Chuqian, 30, former insurance agent of Sun Life Hong Kong Limited (Sun Life), was earlier found guilty of four counts of agent using document with intent to deceive her principal, contrary to section 9(3) of the Prevention of Bribery Ordinance, and one count of fraud, contrary to section 16A of the Theft Ordinance.

In sentencing, Magistrate Mr Kestrel Lam Tsz-hong remarked that the defendant’s behaviour obviously constituted a breach of trust and it was the only option for the court to mete out a custodial sentence to the defendant.

Upon the defendant’s application, the magistrate granted her bail pending her appeal.

The court heard that Sun Life provided different insurance products to its clients. When processing an application for taking out an insurance policy, Sun Life would consider the client’s occupation and income, etc. At the material time, the defendant was an insurance agent of Sun Life. When an insurance product was sold, the defendant and her up-line manager would be entitled to a commission and an overriding commission respectively.

The court heard that between August 2016 and July 2018, the defendant, with intent to mislead Sun Life, made false representations in four insurance policy applications about the occupations and monthly incomes of the applicants. She also falsely represented that she was the handling agent of another insurance policy.

Believing the information stated on the application forms of the five insurance policies was genuine, Sun Life approved those insurance policy applications and paid commissions totalling about $750,000 to the defendant and her up-line manager.

The ICAC investigation arose from a corruption complaint. Investigation revealed that the defendant had paid part of the premiums for the policies. The insurance policies concerned eventually lapsed after subsequent premiums were not paid.

Sun Life had rendered full assistance to the ICAC during its investigation into the case.

The prosecution was today represented by Acting Senior Public Prosecutor Douglas Lau, assisted by ICAC officers William Leung and Gary Lam.

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