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Ethical Decision MakingRecent ICAC Cases
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May 2024Trading company duo charged by ICAC for offering over HK$1m bribes to vice president of bank over receipt of fundA director and a representative of a trading company were charged by the ICAC today (May 6) for allegedly offering bribes totalling HK$1.02 million to a vice president of a bank for assisting the company to receive an investment fund claimed to amount to $200 billion euros through its account held with the bank.Wammy Ngan Wang-lai and Jiang Jiaxin, respectively sole director cum shareholder and representative of Hong Kong Chinese Reserve International Company Limited (Chinese Reserve), both 55, jointly face two charges – one of conspiracy to offer an advantage to an agent and one of offering an advantage to an agent, contrary to Section 9(2)(a) of the Prevention of Bribery Ordinance (POBO) and Section 159A of the Crimes Ordinance.The two defendants were released on ICAC bail, pending their appearance in the Eastern Magistrates’ Courts on Wednesday (May 8) for mention. The prosecution will apply for transferring the case to the District Court for plea.At the material time, Chinese Reserve held a bank account with DBS Bank (Hong Kong) Limited (DBS Bank), which required its customers to provide supporting documents in respect of large transactions for verification for due diligence purpose.It is alleged that between July and August 2023, the defendants conspired together to offer two bribe payments of HK$1 million and HK$20,000 respectively to a vice president of DBS Bank for assisting Chinese Reserve to re-activate its dormant bank account held with DBS Bank in order to receive an investment fund through the account.The vice president rejected the defendants’ offers and reported the matter to the bank. The ICAC subsequently received a corruption complaint and conducted an investigation. Enquiries revealed that Ngan claimed that Chinese Reserve had to receive an investment fund of $200 billion euros through its bank account held with DBS Bank and allegedly provided false documents to the bank.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. Should anyone comes across any suspicion of corruption, he or she should report to the ICAC immediately. ICAC 24-hour Report Corruption Hotline: 25 266 366.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.DBS Bank has rendered full assistance to the ICAC during its investigation into the case. 30
Apr 2024MPF intermediary and four clients charged by ICAC with conspiracy to defraud and using false instruments over early MPF withdrawalThe 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. 29
Apr 2024Ex-bank employee and intermediary charged by ICAC admit bribery for expediting account openingA former bank employee and an intermediary, charged by the ICAC, today (April 29) admitted at the Eastern Magistrates’ Courts that they had solicited and accepted bribes totalling $13,000 for expediting the process of opening personal bank accounts for six clients.Law Tsz-hin, 30, former business sales executive of China Construction Bank (Asia) Corporation Limited (CCB (Asia)), pleaded guilty to four charges – one of agent soliciting an advantage; two of agent accepting an advantage and one 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.Hu Yi, 39, sole director of Gangchen International Business Consulting (Shenzhen) Company Limited (Gangchen), pleaded guilty to one count of conspiracy for an agent to accept advantages.Principal Magistrate Miss Ivy Chui Yee-mei adjourned the case to May 21 for sentence, pending the background reports of the defendants. The duo were remanded in custody of the Correctional Services Department.At the material time, Law was a business sales executive of the Central Branch of CCB (Asia). He was responsible for opening personal bank accounts and answering enquiries from clients. Gangchen was an intermediary company providing commercial secretarial and bank account opening services.The court heard that between late April and mid-May 2023, Law solicited a bribe of $5,000 from a client and accepted bribes totalling $5,000 from two other clients for expediting the trio’s account opening process.During the period, Law also solicited bribes totalling $3,000 from Hu for expediting the account opening process of three clients referred by the latter but he eventually accepted bribes totalling $2,000.CCB (Asia) had rendered full assistance to the ICAC during its investigation into the case.The prosecution was today represented by ICAC officer Gary Chan.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. 24
Apr 2024Then electrician charged by ICAC admits bribery over workers’ employment at Community Isolation Facility construction siteA then electrician employed by a subcontractor of the construction site of a Community Isolation Facility in Yuen Long during the COVID-19 pandemic, charged by the ICAC, today (April 24) pleaded guilty at the Tuen Mun Magistrates’ Courts to his solicitation and acceptance of bribes from five fellow workers over their employment.Fung Sui-tuen, 37, former electrician of Perfect City Engineering Limited (Perfect City), pleaded guilty to five charges – two of agent accepting an advantage and three of agent soliciting an advantage, contrary to section 9(1)(a) of the Prevention of Bribery Ordinance.Deputy Magistrate Mr Tobias Cheng Yun-chung ordered the defendant to pay $600 being the bribes involved in the present case as restitution to Perfect City. The defendant was granted bail until May 21 for sentence.When the offences took place between March and April 2022, the defendant was employed by Perfect City as a night shift electrician to conduct urgent fire service installation works at the construction site of a Community Isolation Facility in Yuen Long. Another worker referred by him to work at the site subsequently introduced four other workers to join the team. The wage of the workers, including the defendant, was $2,700 per shift.The defendant admitted his acceptance of bribes totalling $600 from two of the workers for assisting them to be employed by Perfect City. He also admitted his solicitation of bribes totalling at least $800 from the three other workers for the same purpose. But the solicitation was rejected.Perfect City did not allow its workers to solicit or accept any advantage from any person for referring them to be employed by the company. The company had rendered full assistance to the ICAC during its investigation.The prosecution was today represented by Public Prosecutor Douglas Lau, assisted by ICAC officer Derek So.An ICAC spokesperson urges construction workers not to tolerate corruption. Should they be asked to pay bribes in exchange for their employment, they should reject and report to the ICAC immediately. ICAC’s report corruption hotline: 25 266 366.The ICAC calls on construction companies to adopt the Integrity Risk Management (IRM) Toolkit on recruitment of workers produced by the ICAC to formulate and implement control measures to mitigate integrity risks on recruitment of workers, uplift the integrity management capability and uphold professionalism of the construction industry. IRM Toolkit on recruitment of workers is available at cpas.icac.hk/EN/Info/TP_Library?cate_id=10027. 23
Apr 2024Ex-employee of Chinese restaurant charged by ICAC jailed for theft over revised billsA former employee of a Chinese restaurant, charged by the ICAC, was today (April 23) given a jail term of four months and three weeks at the Eastern Magistrates’ Courts for stealing over $23,000 from the restaurant by revising the relevant records in the computer system of the restaurant after customers had paid the bills.Leung Tsz-ying, 35, former clerk cum substitute cashier of Lei Garden Restaurant, earlier pleaded guilty to five counts of theft, contrary to Section 9 of the Theft Ordinance.In sentencing, Principal Magistrate Miss Ivy Chui Yee-mei said the defendant deserved an immediate custodial sentence for breaching the trust placed in her and committing a crime which was serious in nature.When the case took place between December 2019 and December 2021, the defendant was a clerk cum substitute cashier of a branch of Lei Garden Restaurant in Central. She was authorised to revise or cancel customer orders in the computer system of the restaurant.The court heard that the defendant deleted the number of dishes ordered and served in the computer systems after three customers had paid their bills totalling over $20,000, misleading Lei Garden Restaurant that their bills added up to about $15,000 in total, to facilitate the defendant’s pocketing of the difference of about $5,000.In addition, the defendant stole $13,300 maintained in the meal expenses deposit account of a customer of Lei Garden Restaurant. In order to cover up her misappropriation, she deposited about $5,200 into the account after stealing the sum from another customer by the same fraudulent means of cancelling orders in the computer system.The ICAC investigation arose from a corruption complaint. Subsequent enquiries revealed the theft offences committed by the defendant. Lei Garden Restaurant had rendered full assistance to the ICAC during its investigation into the case.The prosecution was today represented by ICAC officer Jackie Lam.
May 2024Trading company duo charged by ICAC for offering over HK$1m bribes to vice president of bank over receipt of fundA director and a representative of a trading company were charged by the ICAC today (May 6) for allegedly offering bribes totalling HK$1.02 million to a vice president of a bank for assisting the company to receive an investment fund claimed to amount to $200 billion euros through its account held with the bank.Wammy Ngan Wang-lai and Jiang Jiaxin, respectively sole director cum shareholder and representative of Hong Kong Chinese Reserve International Company Limited (Chinese Reserve), both 55, jointly face two charges – one of conspiracy to offer an advantage to an agent and one of offering an advantage to an agent, contrary to Section 9(2)(a) of the Prevention of Bribery Ordinance (POBO) and Section 159A of the Crimes Ordinance.The two defendants were released on ICAC bail, pending their appearance in the Eastern Magistrates’ Courts on Wednesday (May 8) for mention. The prosecution will apply for transferring the case to the District Court for plea.At the material time, Chinese Reserve held a bank account with DBS Bank (Hong Kong) Limited (DBS Bank), which required its customers to provide supporting documents in respect of large transactions for verification for due diligence purpose.It is alleged that between July and August 2023, the defendants conspired together to offer two bribe payments of HK$1 million and HK$20,000 respectively to a vice president of DBS Bank for assisting Chinese Reserve to re-activate its dormant bank account held with DBS Bank in order to receive an investment fund through the account.The vice president rejected the defendants’ offers and reported the matter to the bank. The ICAC subsequently received a corruption complaint and conducted an investigation. Enquiries revealed that Ngan claimed that Chinese Reserve had to receive an investment fund of $200 billion euros through its bank account held with DBS Bank and allegedly provided false documents to the bank.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. Should anyone comes across any suspicion of corruption, he or she should report to the ICAC immediately. ICAC 24-hour Report Corruption Hotline: 25 266 366.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.DBS Bank has rendered full assistance to the ICAC during its investigation into the case. 30
Apr 2024MPF intermediary and four clients charged by ICAC with conspiracy to defraud and using false instruments over early MPF withdrawalThe 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. 29
Apr 2024Ex-bank employee and intermediary charged by ICAC admit bribery for expediting account openingA former bank employee and an intermediary, charged by the ICAC, today (April 29) admitted at the Eastern Magistrates’ Courts that they had solicited and accepted bribes totalling $13,000 for expediting the process of opening personal bank accounts for six clients.Law Tsz-hin, 30, former business sales executive of China Construction Bank (Asia) Corporation Limited (CCB (Asia)), pleaded guilty to four charges – one of agent soliciting an advantage; two of agent accepting an advantage and one 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.Hu Yi, 39, sole director of Gangchen International Business Consulting (Shenzhen) Company Limited (Gangchen), pleaded guilty to one count of conspiracy for an agent to accept advantages.Principal Magistrate Miss Ivy Chui Yee-mei adjourned the case to May 21 for sentence, pending the background reports of the defendants. The duo were remanded in custody of the Correctional Services Department.At the material time, Law was a business sales executive of the Central Branch of CCB (Asia). He was responsible for opening personal bank accounts and answering enquiries from clients. Gangchen was an intermediary company providing commercial secretarial and bank account opening services.The court heard that between late April and mid-May 2023, Law solicited a bribe of $5,000 from a client and accepted bribes totalling $5,000 from two other clients for expediting the trio’s account opening process.During the period, Law also solicited bribes totalling $3,000 from Hu for expediting the account opening process of three clients referred by the latter but he eventually accepted bribes totalling $2,000.CCB (Asia) had rendered full assistance to the ICAC during its investigation into the case.The prosecution was today represented by ICAC officer Gary Chan.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. 24
Apr 2024Then electrician charged by ICAC admits bribery over workers’ employment at Community Isolation Facility construction siteA then electrician employed by a subcontractor of the construction site of a Community Isolation Facility in Yuen Long during the COVID-19 pandemic, charged by the ICAC, today (April 24) pleaded guilty at the Tuen Mun Magistrates’ Courts to his solicitation and acceptance of bribes from five fellow workers over their employment.Fung Sui-tuen, 37, former electrician of Perfect City Engineering Limited (Perfect City), pleaded guilty to five charges – two of agent accepting an advantage and three of agent soliciting an advantage, contrary to section 9(1)(a) of the Prevention of Bribery Ordinance.Deputy Magistrate Mr Tobias Cheng Yun-chung ordered the defendant to pay $600 being the bribes involved in the present case as restitution to Perfect City. The defendant was granted bail until May 21 for sentence.When the offences took place between March and April 2022, the defendant was employed by Perfect City as a night shift electrician to conduct urgent fire service installation works at the construction site of a Community Isolation Facility in Yuen Long. Another worker referred by him to work at the site subsequently introduced four other workers to join the team. The wage of the workers, including the defendant, was $2,700 per shift.The defendant admitted his acceptance of bribes totalling $600 from two of the workers for assisting them to be employed by Perfect City. He also admitted his solicitation of bribes totalling at least $800 from the three other workers for the same purpose. But the solicitation was rejected.Perfect City did not allow its workers to solicit or accept any advantage from any person for referring them to be employed by the company. The company had rendered full assistance to the ICAC during its investigation.The prosecution was today represented by Public Prosecutor Douglas Lau, assisted by ICAC officer Derek So.An ICAC spokesperson urges construction workers not to tolerate corruption. Should they be asked to pay bribes in exchange for their employment, they should reject and report to the ICAC immediately. ICAC’s report corruption hotline: 25 266 366.The ICAC calls on construction companies to adopt the Integrity Risk Management (IRM) Toolkit on recruitment of workers produced by the ICAC to formulate and implement control measures to mitigate integrity risks on recruitment of workers, uplift the integrity management capability and uphold professionalism of the construction industry. IRM Toolkit on recruitment of workers is available at cpas.icac.hk/EN/Info/TP_Library?cate_id=10027. 23
Apr 2024Ex-employee of Chinese restaurant charged by ICAC jailed for theft over revised billsA former employee of a Chinese restaurant, charged by the ICAC, was today (April 23) given a jail term of four months and three weeks at the Eastern Magistrates’ Courts for stealing over $23,000 from the restaurant by revising the relevant records in the computer system of the restaurant after customers had paid the bills.Leung Tsz-ying, 35, former clerk cum substitute cashier of Lei Garden Restaurant, earlier pleaded guilty to five counts of theft, contrary to Section 9 of the Theft Ordinance.In sentencing, Principal Magistrate Miss Ivy Chui Yee-mei said the defendant deserved an immediate custodial sentence for breaching the trust placed in her and committing a crime which was serious in nature.When the case took place between December 2019 and December 2021, the defendant was a clerk cum substitute cashier of a branch of Lei Garden Restaurant in Central. She was authorised to revise or cancel customer orders in the computer system of the restaurant.The court heard that the defendant deleted the number of dishes ordered and served in the computer systems after three customers had paid their bills totalling over $20,000, misleading Lei Garden Restaurant that their bills added up to about $15,000 in total, to facilitate the defendant’s pocketing of the difference of about $5,000.In addition, the defendant stole $13,300 maintained in the meal expenses deposit account of a customer of Lei Garden Restaurant. In order to cover up her misappropriation, she deposited about $5,200 into the account after stealing the sum from another customer by the same fraudulent means of cancelling orders in the computer system.The ICAC investigation arose from a corruption complaint. Subsequent enquiries revealed the theft offences committed by the defendant. Lei Garden Restaurant had rendered full assistance to the ICAC during its investigation into the case.The prosecution was today represented by ICAC officer Jackie Lam.