Recent ICAC Cases

30
May 2024
Ex-bank manager charged by ICAC jailed for 18 months for bribery over account opening

A then manager of a bank, charged by the ICAC, was today (May 30) sentenced to 18 months’ imprisonment at the District Court for accepting bribes from various intermediary company representatives to assist non-domestic clients to open personal and corporate accounts with the bank, and using copies of false instruments to falsely represent that the clients were in Hong Kong when they made account opening applications.

Lai Chee-wai, 40, then senior relationship manager of The Bank of East Asia, Limited (BEA), earlier pleaded guilty to seven charges – six of conspiracy for an agent to accept advantages, contrary to Section 9(1)(a) of the Prevention of Bribery Ordinance and Section 159A of the Crimes Ordinance; and one of conspiracy to use copies of false instruments, contrary to Sections 74 and 159A of the Crimes Ordinance.

In sentencing, Deputy Judge Ms Katherine Lo Kit-yee said the defendant breached the trust placed in him as a bank officer. The complicated plot carried out by the defendant had undermined the stringent account opening policy of the bank. He was more culpable than other co-defendants and deserved a deterrent jail sentence.

The offences took place between December 2018 and March 2021. At the material time, Lai was a senior relationship manager of BEA posted to its Admiralty Branch. His duties included opening accounts for clients. Hongkong Hechuang Business Secretary Limited (HKHBS) and Hong Kong Chiying Consulting Co., Limited (HKCC) were intermediary companies proving secretarial services to clients. Chen Baicai was a business consultant of HKHBS while Ke Yingying was an operator of HKCC.

The court heard that in late 2019, Chen told Lai that he could refer clients to BEA for opening accounts and would reward Lai $3,000 to $4,000 for his assistance in each successful application. Lai agreed to Chen’s proposal.

Chen then sought Lai’s assistance in opening a corporate account for a client and Lai received a reward of $12,000. Afterwards, Chen further asked Lai to open personal accounts for his clients. Lai would accept a reward from $10,000 to $15,000 in return for each successful application.

Lai also met with three other operators or representatives of intermediary companies respectively, and agreed to assist clients referred by the trio in opening accounts at BEA. Lai then received a reward from $2,000 to $10,000 for each successful application, involving bribes totalling over $290,000.

As BEA required corporate account applicants to attend its branches in person for due diligence purpose, Lai and Ke conspired together to submit to BEA eight copies of false landing slips purportedly issued by the Immigration Department to falsely represent that eight applicants were in Hong Kong when the applications were made. ICAC inquiries revealed that those applicants had not visited Hong Kong at the material time.

Chen and Ke were also charged by the ICAC for their roles in the scam. On December 14, 2022, Chen and Ke respectively received a jail term of 12 months and four months after pleading guilty at the District Court to a total of six charges of bribery and using copies of false instruments.

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

The prosecution was today represented by Acting Senior Public Prosecutor Jason Lau, assisted by ICAC officer Ken Choi.

The ICAC has been actively promoting corruption prevention services to banks and enhancing banking practitioners’ knowledge on the anti-corruption laws. The newly launched “Corruption Prevention Guide for Banks” assists banks in managing corruption risks in core operations, including accounts opening. An Ethics Promotion Programme for the Banking Industry was also launched to help bank staff to understand common corruption loopholes.

The ICAC reminds members of the public not to bribe bank staff in exchange for its services, otherwise it may constitute breaches of the POBO. They should report to the ICAC immediately should they come across any suspicion of corruption in the organisations. ICAC 24-hour Report Corruption Hotline: 25 266 366.

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