Integrity Focus

The ICAC had earlier cracked down a corruption syndicate which allegedly engaged in bribery and fraudulent means to assist Mandatory Provident Fund (MPF) scheme members to apply for early withdrawal of their MPF with false documents and statutory declarations. After conducting intensive investigations, the ICAC today (April 30) charged an insurance agent, who was also an MPF intermediary, and four of his MFP clients with conspiracy to defraud and using false instruments.

Wong Kam-fai, 34, then insurance agent of FWD Life Insurance Company (Bermuda) Limited (FWD), faces a total of seven charges – four of conspiracy to defraud, contrary to the Common Law; and three of using a false instrument, contrary to section 73 of the Crimes Ordinance.

The four MPF scheme members are Mak Kwok-pui, 50; Ngan Hon-wai, 51; Ho Yuen-man, 42; and Li Chi-kwan, 49. Mak jointly faces a charge of conspiracy to defraud with Wong while each of the three co-defendants jointly faces one count of using a false instrument with Wong.

All defendants were released on ICAC bail, pending their appearance at the Eastern Magistrates’ Courts on Thursday (May 2) for mention.

Sun Life Trustee Company Limited (Sun Life) is an MPF trustee in Hong Kong. According to the strategic partnership between FWD and Sun Life, insurance agents of FWD would promote Sun Life’s MPF schemes.

At the material time, Wong was an insurance agent cum MPF intermediary of FWD. Between July 2021 and August 2023, Wong helped a number of clients to open MPF accounts with Sun Life and transferred their MPF to Sun Life. Since then, Wong became the MPF intermediary of those clients, including the four co-defendants.

The MPF Schemes Ordinance stipulates that members of MPF schemes may apply for early withdrawal of their MPF on grounds of “permanent departure from Hong Kong”. Applicants are required to submit to the MPF trustee concerned a statutory declaration and relevant supporting documents to support their applications.

The investigation arose from corruption complaints filed with the ICAC alleging MPF intermediaries of accepting bribes for assisting MPF scheme members to apply for early withdrawal of their MPF by making false representations.

Enquiries revealed that Wong allegedly conspired with various clients, including Mak, separately to defraud Sun Life by dishonestly falsely representing to Sun Life in their applications for early withdrawal of MPF that those clients would permanently depart from Hong Kong and settle in Mainland China or Africa, and submitted erroneous supporting documents to cause Sun Life to approve their applications. Enquiries revealed that those clients never had the intention to migrate to the Mainland of China or Africa.

In the applications of Ngan, Ho and Li for early withdrawal of MPF, Wong, together with each of the trio, allegedly used three false statutory declarations with the intention of inducing Sun Life to accept them as genuine. The statutory declarations concerned were purportedly signed before a local solicitor although enquiries revealed that the solicitor had never administered any declaration for them.

ICAC enquiries also revealed that Wong allegedly accepted payments ranging from several thousand dollars to several ten thousand dollars from each of the clients, and successfully assisted them to withdraw their MPF totalling about $4.6 million.

The MPF Schemes Authority, FWD and Sun Life have rendered full assistance to the ICAC during its investigation into the case.

An ICAC spokesperson reminds members of the public that bribery, using false instruments and false statutory declarations, etc. are serious crimes which they should avoid committing.