Recent ICAC Cases


21
Nov 2023
Ex-security duo of public housing estate charged by ICAC for receiving and giving ‘laisees’ over duty arrangementA former security supervisor of a public housing estate and her subordinate security guard were charged by the ICAC yesterday (November 20) for allegedly receiving and giving “laisees” for arranging the security guard to work at her preferred post.Chan Sau-wan, 70, former security supervisor of Nice Property Management Limited (Nice Property), faces two counts of agent accepting an advantage, contrary to Section 9(1)(b) of the Prevention of Bribery Ordinance (POBO); her subordinate Liang Jinlan, 48, former security guard of Nice Property, were charged with two counts of offering an advantage to an agent, contrary to Section 9(2)(b) of the POBO.The two defendants were released on ICAC bail, pending their appearance in the Kowloon City Magistrates’ Courts tomorrow (November 22) for plea.At the material time, Nice Property was engaged by the Housing Department (HD) to provide security services in Lok Fu Estate. Chan was a morning shift security supervisor of the estate. She was responsible for preparing daily duty roster of subordinate security guards, including Liang. Nice Property forbade its staff to offer or accept any advantages in relation to their duties.It is alleged that between mid-November 2022 and late January 2023, Chan accepted two “laisees” totalling $4,000 offered by Liang for showing favour to the latter in the assignment of security guard duties.The ICAC investigation arose from corruption complaints referred by the HD. Enquiries revealed that Chan allegedly accepted “laisees” from Liang after her birthday and during Chinese New Year for arranging Liang to work at the reception of a building in Lok Fu Estate.The HD and Nice Property have rendered full assistance to the ICAC during its investigation into the case.
21
Nov 2023
Director and senior sales manager of contractor charged by ICAC jailed for bribery over HK$34m Macao hotel air-conditioning maintenance contractsA 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.
15
Nov 2023
Government works consultant staff charged by ICAC faces two years’ jail for using false certificates in slope reportsThe ICAC earlier charged a former principal engineer of a government works consultant after a corruption investigation revealed that he had conspired to use false independent checking certificates and a false Ecological Appraisal Report in relation to three landslip prevention projects to deceive three government departments. The former principal engineer was today (November 15) sentenced at the District Court to two years’ imprisonment.Calvin Wong Ka-tsun, 48, former principal engineer of Jacobs China Limited (Jacobs China), was earlier found guilty of four counts of conspiracy to use false instruments after trial, contrary to sections 73 and 159A of the Crimes Ordinance.In sentencing, Judge Mr Eddie Yip Chor-man reprimanded the defendant for showing no remorse. The Judge noted that the defendant, who was an experienced engineer, should shoulder the responsibility to safeguard public safety and ecology. However, the defendant instructed his subordinates to use false certificates and reports, warranting an immediate jail term of two years.Since 2010, Jacobs China had been engaged by the Civil Engineering and Development Department (CEDD) and the Highways Department (HyD) as the consultant of three landslip prevention and mitigation projects. For each project, Jacobs China was required to conduct inspections by assessing the conditions of around 100 to 300 man-made slopes and around 20 natural hillside catchments, to prepare relevant upgrading and mitigation works designs, and to oversee the construction works conducted by relevant contractors.Under the projects, Jacobs China was required to submit reports supported by Independent Checking Certificates in respect of the proposed upgrading and mitigation works to the two departments. An Independent Checking Certificate endorsed by an independent checking engineer was required to certify that the design by Jacobs China was in the interest of public safety and did not pose any potential landslide hazards.In one of the CEDD projects, Jacobs China was also required to submit an Ecological Appraisal Report to the Agriculture, Fisheries and Conservation Department (AFCD) to confirm the impact on any species of conservation importance within the proposed works site.The offences took place between March 2015 and August 2017. At the material time, the defendant was a principal engineer of Jacobs China responsible for the daily operation and management of the aforesaid CEDD and HyD projects, including submission of reports to the departments.The court heard that the defendant had conspired with three subordinates to use eight false Independent Checking Certificates purportedly signed by an independent checking engineer to induce staff of the CEDD and the HyD to accept them as genuine.The defendant also conspired with one of the aforesaid subordinates to use a false Ecological Appraisal Report purportedly issued by an ecological consultancy to induce staff of the AFCD to accept it as genuine.The ICAC investigation arose from corruption complaints referred by the CEDD and the HyD. Enquiries revealed that the aforesaid independent checking engineer and ecological consultancy had never signed or issued the documents concerned.Enquiries also found that after the incident was revealed, the relevant government departments had reviewed all the landslip prevention projects concerned and did not identify any safety issues.The CEDD, the HyD, the AFCD and other involved companies had rendered full assistance to the ICAC during its investigation into the case.The prosecution was today represented by prosecuting counsel Eddie Sean and Jimmy Yip, assisted by ICAC officer Winnie Fung.
14
Nov 2023
Ex-employee of publishing firm charged by ICAC admits $380,000 service payments fraudA former employee of a publishing firm, charged by the ICAC with fraud and offences under the anti-bribery law, today (November 14) admitted at the District Court that he had deceived the firm into making service payments totalling about $380,000 to various contractors by fabricating invoices in relation to the republication of books and the relocation works of the firm. The offences were revealed in the course of a corruption investigation by the Commission.Hung Cheung-wai, 49, former employee of Chinese Baptist Press (International) Limited (CBP), pleaded guilty to eight charges – four of fraud, contrary to Section 16A of the Theft Ordinance; two of agent using document with intent to deceive his principal and two of conspiracy for agent to use document with intent to deceive his principal, contrary to Section 9(3) of the Prevention of Bribery Ordinance and section 159A of the Crimes Ordinance.Deputy District Judge Mr Newman Wong Hing-wai adjourned the case to December 1 for sentence. The defendant was remanded in the custody of the Correctional Services Department.The court heard that between February 2020 and June 2021, the defendant was an employee of CBP. He was responsible for arranging the production and republication of books, and placing printing and design orders with contractors.During the period, CBP records showed that there were 61 invoices in relation to 78 republished books which were issued to CBP by four contractors. The defendant falsely represented to CBP that the four contractors had completed the editing, typesetting, proofreading and design works of books. As a result, CBP made payments totalling about $340,000 to the four contractors.The court also heard that the defendant conspired with another contractor to use two sets of false invoices and payment request forms to mislead CBP that the contractor was entitled to service fees totalling $27,000 for completing the printing and typesetting works of three other books.At the material time, the defendant was also responsible for supervising CBP’s relocation works. He used two sets of false invoices to mislead CBP that one of the abovementioned contractors was entitled to service fees totalling $11,000 as it had conducted relocation works for CBP on two occasions.The ICAC investigation arose from a corruption complaint. Enquiries revealed that the five contractors did not conduct any republication or relocation works for CBP. The operators of four of the contractors were in fact a relative and three friends of the defendant.CBP had rendered full assistance to the ICAC during its investigation into the case.The prosecution was today represented by Senior Public Prosecutor Joey Lin, assisted by ICAC officer Rita Li.
13
Nov 2023
Businesswoman absconded for seven years gets 11 months’ jail for bribing vice president of bankOne of the two directors of a trading company, who had absconded after being charged by the ICAC in 2015, was today (November 13) sentenced to 11 months’ imprisonment at the Eastern Magistrates’ Courts after admitting conspiracy to bribe a vice president of a bank over the acceptance of a standby letter of credit (L/C) in the amount of 500 million euros as collateral for granting its credit facility application.Huang Wei, 54, director of Tianhe International Commerce (China) Holdings Limited (Tianhe), today pleaded guilty to one count of conspiracy to offer an advantage to an agent, contrary to section 9(2)(a) of the Prevention of Bribery Ordinance and section 159A of the Crimes Ordinance.Huang today also pleaded guilty to an additional charge of failing to surrender to custody without reasonable cause, contrary to section 9L(1) of the Criminal Procedure Ordinance.In sentencing, Principal Magistrate Miss Ivy Chui Yee-mei remarked that Hong Kong was a clean society which did not tolerate corruption. The present case involved a standby L/C in the amount of 500 million euros and a bribe of HK$10,000 per month. In view of the serious nature of the case, the defendant deserved an immediate custodial sentence.The court heard that at the material time, Huang and Pan Shancheng were directors of Tianhe. They were both the authorised signatories of Tianhe’s bank account held with The Hongkong and Shanghai Banking Corporation Limited (HSBC).In April 2015, Huang and Pan discussed the loan matter of Tianhe with a vice president of Commercial Banking Department of HSBC. The duo said Tianhe would receive a standby L/C in the amount of 500 million euros and requested HSBC to receive it as collateral for granting a credit facility to Tianhe.HSBC accepted standby L/Cs to be used as collateral for granting credit facilities to clients, but the duo failed to provide the required documents for the bank’s assessment. In May 2015, the duo met with the VP of HSBC twice and requested the latter to assist in causing the bank to accept the standby L/C for Tianhe, adding that they would offer a monthly payment of HK$10,000 in return. The offer was turned down by the VP of HSBC.Huang and Pan were subsequently arrested by the ICAC, and were charged with conspiracy to offer bribes in November 25, 2015. They pleaded not guilty to the charge and a pre-trial review was scheduled for January 8, 2016 at the Eastern Magistrates’ Courts. The duo failed to appear before court and warrants for their arrests were issued. After absconding for over seven years, Huang was arrested by ICAC officers upon arriving Hong Kong in late June 2023.HSBC had rendered full assistance to the ICAC during its investigation into the case.The prosecution was today represented by Senior Public Prosecutor Claudia Ng, assisted by ICAC officer Emily Cheung.

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