Recent ICAC Cases

21
Nov 2023
Director and senior sales manager of contractor charged by ICAC jailed for bribery over HK$34m Macao hotel air-conditioning maintenance contracts

A then director and a then senior sales manager of two air-conditioning maintenance contractors, charged by the ICAC, were today (November 21) respectively sentenced to two years and one and a half years in jail at the District Court for offering bribes of over HK$1 million to a then director of a hotel group for air-conditioning maintenance contracts of a hotel in Macao worth totalling around HK$34 million.

Woo Tak-hoi, 56, then director of Wai Luen Air-conditioning Limited (Wai Luen), was sentenced to two years’ imprisonment. He was earlier convicted of two counts of conspiracy to offer advantages to an agent, contrary to Section 9(2)(a) of the Prevention of Bribery Ordinance (POBO) and Section 159A of the Crimes Ordinance.

Li Kin-wang, 60, then senior sales manager of Oh Luen Air Conditioning Equipment Limited (Oh Luen), received a jail term of one and a half years. He earlier pleaded guilty to the above two bribery charges and three other counts of offering advantage to an agent, contrary to Section 9(2)(a) of the POBO.

In sentencing, Judge Mr Frankie Yiu Fun-che remarked that offering advantages to an agent was a serious offence and that the court would not tolerate any corrupt acts. The present case involved bribes of over HK$1 million offered over the span of two and a half years, hence custodial sentences were inevitable.

At the material time, Oh Luen and Wai Luen were companies respectively established in Macao and Hong Kong for providing air-conditioning installation and maintenance services to customers. Both companies were operated by the same proprietor. Li was responsible for Oh Luen’s daily operation including submitting quotations to other companies for sourcing businesses. Li was required to report to Woo about Oh Luen’s operational matters.

Since 2013, Oh Luen had been an approved supplier of Wynn Resorts (Macau) S.A. (Wynn), which operated hotels and casinos in Macao. Wynn prohibited its staff from soliciting or accepting advantages from suppliers / contractors when discharging their duties.

The court heard that Li got acquainted with a then director of Wynn in 2014. The then director solicited bribes from Li in exchange for the opportunities for Oh Luen to submit quotations or tenders to Wynn over air-conditioning system maintenance services. Both Woo and Li agreed to bribe the director in order to secure more businesses for Oh Luen.

Between June 2014 and July 2015, Li offered three bribes totalling over HK$450,000 to the director by cheque or bank transfer in Hong Kong. During the period, the businesses between Oh Luen and Wynn increased.

Between November 2016 and January 2017, Woo and Li, in Hong Kong, conspired to pay two bribes totalling HK$560,000 to the director.

Hong Kong ICAC enquiries revealed that between 2014 and 2017, Wynn had awarded numerous air-conditioning maintenance contracts worth around HK$34 million in total to Oh Luen.

Wynn had rendered full assistance to the Hong Kong ICAC during its investigation into the case. The Hong Kong ICAC was grateful to the Macao Commission Against Corruption for its invaluable assistance to the Commission during its investigation into the case, including arranging interviews with witnesses in Macao.

The prosecution was today represented by Acting Senior Public Prosecutor Douglas Lau, assisted by ICAC officer Leung Po-shan.

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