Integrity Focus
Recent ICAC Cases
Oct 2024Private residential flat owner charged by ICAC with bribing property agent for avoiding commission
The ICAC today (October 30) charged a private residential flat owner for allegedly offering a bribe of $4,500 to a property agent who handled the leasing of her flat, requesting the latter not to report the transaction to the property agency in a bid to avoid paying an agency commission.
Chan Wing-tak, 46, faces one count of offering an advantage to an agent, contrary to section 9(2)(a) of the Prevention of Bribery Ordinance. She was released on ICAC bail, pending her appearance at the Kowloon City Magistrates’ Courts on Friday (November 1) for plea.
At the material time, the defendant was the owner of a private residential flat in Homantin. Since February 2023, the defendant had engaged various property agencies, including Hong Kong Property Services (Agency) Limited (Hong Kong Property), to lease the flat.
In general, for any tenancy transaction, both the flat owner and the tenant are each required to pay an agency commission to Hong Kong Property. The company prohibited its property agents from soliciting or accepting any advantage from anyone in connection with its business.
On August 13, 2023, a property agent of Hong Kong Property arranged a potential tenant to visit the defendant’s aforesaid flat. The potential tenant agreed to rent the flat at a monthly rent of $25,000.
It was alleged that the defendant had offered a bribe of $4,500 to the property agent, requesting the latter not to report the tenancy transaction of the flat to Hong Kong Property, in a bid to avoid paying the agency commission to Hong Kong Property by corrupt means. The property agent rejected the offer immediately and reported the matter to Hong Kong Property.
Hong Kong Property offered full assistance to the ICAC during its investigation.
An ICAC spokesperson stresses that offering advantage to an estate agent without the permission of the agent’s employer or principal is a serious bribery offence. The maximum penalty on conviction of the offence is a seven-year imprisonment and a fine of $500,000. Members of the public should immediately report suspected corruption to the ICAC. The ICAC 24-hour Report Corruption Hotline: 25 266 366.