Recent ICAC Cases


25
Sep 2023
Duo charged as ICAC probe reveals construction machines rental fraud amount to $7.3mA former supervisor and a former engineer of a construction company were charged by the ICAC last Friday (September 22) after a corruption investigation revealed that the duo allegedly defrauded the construction company of machinery rental payments amount to $7.3 million by submitting false invoices with inflated amount.Mo Po-tai, 59, former supervisor of Right Lead Construction Co Ltd (Right Lead), faces two counts of fraud, contrary to section 16A of the Theft Ordinance. Mo and So Kwun-piu, 37, former engineer of Right Lead, further jointly face one count of conspiracy to defraud, contrary to Common Law.The duo were released on ICAC bail to appear at the Eastern Magistrates’ Courts tomorrow (September 26) for transferring the case to the District Court.At the material time, Mo was a supervisor of Right Lead responsible for overseeing its works at various construction sites. He also operated Sunny Wealth Engineering Ltd (Sunny Wealth) which engaged in machinery rental business. So was an engineer of Right Lead tasked to monitor the progress of subcontractors of Right Lead at site.In June 2019, Right Lead was awarded the construction works for the ventilation adit of a carriageway and Mo was responsible for supervising the works, which would use cranes and involve drilling. Mo suggested Right Lead to hire cranes and source drilling subcontractors in the name of Sunny Wealth as it was better known in the field. Right Lead agreed to Mo’s suggestion and instructed him to source the relevant suppliers.Mo subsequently engaged a crane subcontractor and two drill works subcontractors for the works. He was required to submit to Right Lead the original invoices issued by the subcontractors to show the actual amounts involved.It is alleged that between March 2020 and May 2021, Mo falsely represented to Right Lead 24 invoices and a quotation worth about $5.2 million purportedly issued to Sunny Wealth by two of the contractors, and with intent to defraud, induced Right Lead to settle payments with Sunny Wealth.Mo and So also allegedly conspired together between February and March 2020 to defraud Right Lead by submitting two invoices purportedly issued to Sunny Wealth by the remaining contractor totalling over $2.1 million, causing Right Lead to settle payments.The ICAC investigation arose from a corruption complaint. Enquiries revealed that the invoices and quotation concerned were false and they were not issued by the three contractors. The total invoice and quotation sum was inflated by over $3.1 million.Right Lead and the three contractors concerned has rendered full assistance to the ICAC during its investigation into the case.
14
Sep 2023
Ex-contract assistant of TD charged as ICAC probe reveals dishonest access to computer over license renewalsA then contract customer service assistant of an employment agency posted to the Transport Department (TD) was charged by the ICAC yesterday (September 13) after a corruption investigation revealed that the defendant allegedly accessed to a computer system of the TD dishonestly to process 15 applications for license renewal and other services for a friend during the pandemic.Ng Yuen-ting, 29, faces one count of obtaining access to computer with dishonest intent, contrary to section 161(1)(c) of the Crimes Ordinance. The defendant was released on ICAC bail, pending her appearance in the Shatin Magistrates’ Courts tomorrow (September 15) for plea.At the material time, the defendant was posted to TD’s Sha Tin Licensing Office, which provided licensing counter services, including applications for license renewal, transfer of vehicle ownership and printing duplicate copy of vehicle license. She was required to access the computer system maintained by the TD for processing those applications.Between February and April 2022, Sha Tin Licensing Office only provided counter services for applicants who had made prior online appointments with the TD due to the COVID-19 pandemic. Contract customer service assistants were not authorised to access TD’s computer system for processing applications by applicants who had not made any online appointments.The charge alleges that on March 15, 2022, the defendant obtained access to a computer of the TD with a view to dishonest gain for herself or another.ICAC’s investigation arose from a complaint referred by the TD. Enquiries revealed that the defendant accessed TD’s computer system on the abovementioned date to process 15 applications for license renewal and other services for a friend who had not made any online appointment.The TD and the employment agency have rendered full assistance to the ICAC during its investigation into the case.
13
Sep 2023
Woman charged as ICAC probe reveals using false instrument in broker firm’s Responsible Officer application with IAThe ICAC today (September 13) charged a woman for allegedly using a false job reference letter in her application to the Insurance Authority (IA) as the Responsible Officer of a broker company.Funnie Lau Ngar-yee, 37, director of ESS Insurance Brokers Limited (ESS), faces one count of using a copy of a false instrument, contrary to Section 74 of the Crimes Ordinance. She was released on ICAC bail to appear at the Eastern Magistrates’ Courts on Friday (September 15) for plea.In accordance with the Insurance Ordinance, licensed insurance companies or broker companies should appoint a Responsible Officer to discharge the relevant responsibilities in relation to regulated business. A Responsible Officer should have at least five years’ experience in the insurance industry, including two years’ management experience. Prior approval of the IA is required for appointing a Responsible Officer.At the material time, the defendant was a director of ESS, as well as a sales and marketing assistant manager of Mpfsupermart Company Limited (Mpfsupermart), a licensed broker company. On March 8, 2021, ESS applied to the IA for appointing the defendant as its Responsible Officer.In the application, the defendant allegedly used a copy of a job reference letter of Mpfsupermart, which she knew was a false instrument, with the intention of inducing the IA to accept it as a copy of a genuine instrument.The ICAC investigation arose from a corruption complaint. Enquiries revealed that in the job reference letter, the defendant was said to be a marketing director of Mpfsupermart but the company did not have such a post.Had the IA known that the application contained false information, it would not have approved the defendant’s application.The IA has rendered full assistance to the ICAC during its investigation into the case.
12
Sep 2023
Duo charged by ICAC with bribery for RMB 500,000 purchase order of semiconductor companyA then director of a semiconductor manufacturer and a sales representative of a supplier were charged by the ICAC today (September 12) with bribery for allegedly facilitating the supplier to obtain a purchase order for items used in manufacturing semiconductors worth over RMB 500,000.Stephen Ho Chi-hoi, 55, former director of engineering department of Nexperia (China) Ltd (Nexperia); and James Gin Yiu-chung, 71, sales representative of Corbest Development Limited (Corbest) and its subsidiary Dong Guan Sun Honest Microelectronics Equipment Limited (Sun Honest), jointly face one count 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.The defendants were released on ICAC bail, pending their appearance at the Shatin Magistrates’ Courts on Thursday (September 14) for plea.At the material time, Ho was the person-in-charge of engineering department of Nexperia. He was responsible for supervising the department to assess technical capabilities of suppliers and recommending vendors to Nexperia. Gin was a sales representative of Corbest and Sun Honest, which were both suppliers of Nexperia.In around February 2017, Nexperia started to select a supplier for two items, namely mold chase and cavity bar, which were used to manufacture semiconductors. Nexperia invited Gin and two other suppliers to provide quotations for its evaluation.It is alleged that between February 2017 and June 2019, Ho and Gin conspired together for Ho to accept a bribe of over HK$16,000 from Gin for Ho to facilitate the selection of Sun Honest as Nexperia’s supplier of the two items.ICAC enquiries revealed that during the period, Nexperia placed a purchase order for the two items with Sun Honest and settled payment sum totalling over RMB 500,000. The bribe paid to Ho was allegedly calculated based on the relevant commission received by Gin.Nexperia has rendered full assistance to the ICAC during its investigation into the case.
11
Sep 2023
Sales manager of contractor admits offering HK$1m bribes for air-conditioning maintenance contracts of Macao hotelThe Hong Kong ICAC had earlier charged two representatives of two air-conditioning maintenance contractors for allegedly offering bribes of over HK$1 million to a then director of a hotel group for maintenance contracts of a hotel in Macao involving a total of around HK$34 million. One of the duo today (September 11) admitted bribery at the District Court.Li Kin-wang, 59, senior sales manager of Oh Luen Air Conditioning Equipment Limited (Oh Luen), pleaded guilty to five charges – three of offering advantage to an agent and two of conspiracy to offer advantages to an agent, contrary to Section 9(2)(a) of the Prevention of Bribery Ordinance and Section 159A of the Crimes Ordinance. His four other charges of offering advantages to an agent were left on file at the District Court.Judge Mr Frankie Yiu Fun-che adjourned the case to September 18 for mention and granted Li bail.At the material time, Oh Luen and Wai Luen Air-conditioning Limited (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.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 when discharging their duties.Li admitted that since 2014, he started to pay bribes to a then director of Wynn upon solicitation for obtaining the opportunities for Oh Luen to submit quotations or tenders to Wynn over air-conditioning system maintenance services.Facts admitted by Li revealed that he offered three bribes totalling over HK$450,000 to the director by cheque or bank transfer between June 2014 and July 2015. During the period, the businesses between Oh Luen and Wynn increased.Between November 2016 and January 2017, Li also conspired with a then director of Wai Luen 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.The then director of Wai Luen concerned pleaded not guilty to two counts of conspiracy to offer advantages to an agent. The trial against him commenced at the District Court today.The Macao Commission Against Corruption and Wynn had rendered full assistance to the Hong Kong ICAC during its investigation into the case.The prosecution was today represented by Acting Senior Public Prosecutor Douglas Lau, assisted by ICAC officer Leung Po-shan.

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