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Ethical Decision MakingRecent ICAC Cases
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Aug 2024Ex-site team leader of Third Runway Project charged by ICAC jailed 6 months for briberyIn recent years, the ICAC has taken a series of enforcement actions against solicitation and acceptance of bribe payments from construction workers and launched a series of relevant publicity and education programmes. One more former site team leader of a sub-contractor of the Third Runway Project of the Hong Kong International Airport (Third Runway Project) was today (August 5) sentenced to six months’ imprisonment at the West Kowloon Magistrates’ Courts for soliciting and accepting bribes from two carpenters over their employment.Mok Pak-cheung, 64, former site team leader for carpentry works of MLife Engineering Limited (MEL), was earlier found guilty of 12 charges – three of agent soliciting an advantage; and nine of agent accepting an advantage, all contrary to section 9(1)(a) of the Prevention of Bribery Ordinance.In sentencing, Magistrate Mr Pang Leung-ting noted that the defendant had committed such offences continuously for 11 months. The defendant’s acts were not tolerated in a civilised society, and an immediate custodial sentence was inevitable. The defendant was also ordered to return the received bribes of $19,700 within seven days as restitution.The ICAC has so far charged 28 persons, most of whom were site team leaders of a sub-contractor, for collecting bribes totalling over $1.9 million from more than 130 workers of the Third Runway Project. Twenty-two defendants, including Mok, had pleaded guilty or were found guilty after trial, receiving sentences up to 16 months in jail. Another defendant is awaiting plea.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.The court heard that at the material time, MEL was a sub-contractor of the Third Runway Project responsible for recruiting construction workers to conduct various works. Mok was a site team leader leading a team of carpenters working at the project’s construction site.ICAC investigations revealed that on different occasions in early June 2021, two carpenters discussed with Mok about joining MEL, and Mok solicited from the duo bribes of $200 to $300 per working day so as to assist them to secure their employment with MEL. The duo’s daily wage was agreed at about $1,600 while one of them did not join MEL eventually.The court heard that after joining MEL in the same month, the aforesaid carpenter found that his actual daily wage was only $1,400 and hence requested Mok to follow up. Mok explained to the carpenter that the daily wage was lower than the original amount because the latter was not a skilled carpenter. Mok asked the carpenter to continue to pay him a bribe on each working day and reduced the bribe to $100 per day. The carpenter reluctantly acceded to Mok’s solicitation.ICAC enquiries found that on various occasions between July 2021 and March 2022, Mok received bribes totalling $19,700 from the carpenter to assist in continuing the latter’s employment with MEL. The carpenter believed that he would have been terminated by Mok if he had not paid the bribes to Mok.The Airport Authority Hong Kong, the relevant main contractor SAPR JV and MEL had rendered full assistance to the ICAC during its investigation into the cases.The prosecution was today represented by prosecuting counsel Eddie Sean, assisted by ICAC officer Ruby Cheung. 01
Aug 2024Merchant charged by ICAC gets two weeks’ jail for bribing bank staff for expediting account openingA merchant, charged by the ICAC, was today (August 1) sentenced at the Eastern Magistrates’ Courts to two weeks’ imprisonment after admitting that he had offered a bribe of $2,000 to a bank employee for expediting the process of opening personal bank account.Bian Weilong, 39, merchant, today pleaded guilty to one count of offering an advantage to an agent, contrary to section 9(2)(a) of the Prevention of Bribery Ordinance. Principal Magistrate Mr Don So Man-lung imposed a jail term of two weeks and a fine of $10,000 on Bian.The court heard that at the material time, Bian was a merchant operating duty-free shops in Southeast Asia. In early May 2023, Bian visited a branch of China Construction Bank (Asia) Corporation Limited (CCB (Asia)) in Central for opening a personal account. He was received by Law Tsz-hin, a then sales executive of the branch.Bian was later told by Law that due to a large number of account opening applications, it was estimated that the account opening process would take about a month. The next day after his visit to the branch of CCB (Asia), Bian offered a bribe of $2,000 to Law for expediting the account opening process at the bank.The ICAC investigation arose from a corruption complaint in relation to opening bank accounts. Enquiries revealed that Bian’s bank account was opened shortly after he had paid the bribe to Law.Law Tsz-hin, 31, the then branch sales executive of CCB (Asia), was also earlier charged by the ICAC for his role in the scam. In May this year, Law was sentenced to six weeks’ imprisonment after pleading guilty at the Eastern Magistrates’ Courts to four bribery charges for soliciting and accepting bribes totalling $13,000 for expediting the process of opening personal bank accounts for six clients, including Bian.CCB (Asia) had rendered full assistance to the ICAC during its investigation into the case.The prosecution was today represented by ICAC officer Kiki Chu.The ICAC reminds the general public not to bribe bank staff in exchange for its services. Should anyone comes across any suspicion of corruption, he or she should report to the ICAC immediately. The ICAC has recently launched the “Corruption Prevention Guide for Banks” to enhance the corruption prevention capabilities of banks and assist banks in managing corruption risks in core operations including account opening and referral of client. To promote probity culture in the banking sector, an Ethics Promotion Programme for the Banking Industry was also launched to help managerial and other ranks of bank staff understand common corruption loopholes. 01
Aug 2024Man charged by ICAC convicted of conspiracy to launder $125m crime proceedsA former personal assistant of a businessman, charged by the ICAC, was today (August 1) convicted at the District Court of conspiring with the businessman to deal with crime proceeds totalling $125 million, being loans unlawfully obtained by the businessman from a listed company.Lam Chung-kan (also known as Lin Songgen), 50, was found guilty of five counts of conspiracy to deal with property known or believed to represent proceeds of an indictable offence, contrary to section 25(1) of the Organized and Serious Crimes Ordinance and sections 159A and 159C of the Crimes Ordinance.Judge Mr Clement Lee Hing-nin adjourned the case to August 16 for sentence. The defendant was remanded in the custody of the Correctional Services Department.The ICAC investigation arose from a corruption complaint referred by the Securities and Futures Commission (SFC), followed by an operation jointly mounted by the ICAC and the SFC in 2021.The court heard that at the material time, the defendant was a personal assistant of a businessman. In mid-2015, the businessman arranged the defendant and others to hold substantial amount of shares of publicly listed Sunway International Holdings Limited (Sunway). The businessman also arranged some individuals to take up senior executive posts of the listed company.In early 2016, Sunway started operating money lending business. Between July 2016 and September 2017, the businessman had obtained five loans totalling $125 million from the listed company via four local and offshore companies controlled by the businessman through the defendant and others, in an attempt to circumvent regulatory requirements to pretend that those companies were independent borrowers.ICAC inquiries revealed that after the above-mentioned local and offshore companies received the loans from Sunway, the defendant would dispose of the loan proceeds according to the instructions given by the businessman for the use of the businessman or the companies controlled by him. Repayments of over $80 million out of the five loans were defaulted.The SFC and the Hong Kong Exchanges & Clearing Limited rendered full assistance to the ICAC during its investigation.The prosecution was today represented by Senior Public Prosecutor Audrey Parwani and Public Prosecutor Alison Mo, assisted by ICAC officer Johnny Yiu. 30
Jul 2024Merchant charged by ICAC with bribing bank staff for expediting account openingThe ICAC today (July 30) charged a merchant with allegedly bribing a bank employee for expediting the process of opening his personal bank account.Bian Wei-long, 39, merchant, faces one count of offering an advantage to an agent, contrary to section 9(2)(a) of the Prevention of Bribery Ordinance. He was released on ICAC bail, pending his appearance at the Eastern Magistrates’ Courts on Thursday (August 1) for plea.At the material time, Bian was a merchant operating duty-free shops in Southeast Asia. In early May 2023, Bian visited a branch of China Construction Bank (Asia) Corporation Limited (CCB (Asia)) in Central for opening a personal account. He was received by a then sales executive of the branch.It is alleged that on the next day after his visit to the aforesaid branch of CCB (Asia), Bian offered a bribe of $2,000 to the then sales executive for expediting the account opening process at the bank.The ICAC investigation arose from a corruption complaint in relation to opening bank accounts. Enquiries revealed that Bian’s bank account was opened shortly after he had paid the bribe to the sales executive mentioned.Law Tsz-hin, the then sales executive of CCB (Asia), 31, was also earlier charged by the ICAC for his role in the scam. He was earlier sentenced to a jail term of six weeks after pleading guilty at the Eastern Magistrates’ Courts to four bribery charges for soliciting and accepting bribes totalling $13,000 for expediting the process of opening personal bank accounts for six clients, including Bian.CCB (Asia) has rendered full assistance to the ICAC during its investigation into the case.The ICAC reminds the general public not to bribe bank staff in exchange for its services. Should anyone comes across any suspicion of corruption, he or she should report to the ICAC immediately. The ICAC has recently launched the “Corruption Prevention Guide for Banks” to enhance the corruption prevention capabilities of banks and assist banks in managing corruption risks in core operations including account opening and referral of client. To promote probity culture in the banking sector, an Ethics Promotion Programme for the Banking Industry was also launched to help managerial and other ranks of bank staff understand common corruption loopholes. 23
Jul 2024Ex-manager of FEHD contractor charged by ICAC for extorting $38,000 in wages from cleaning workers by deceitThe ICAC today (July 23) charged a former manager of a cleaning service contractor of the Food and Environmental Hygiene Department (FEHD) for allegedly deceiving three subordinate cleaning workers into returning a wage difference totalling over $38,000 in a span of nearly two years, by falsely representing to them that the employer had miscalculated their wages.Choy Wai-hong, 50, former contract manager of Sparkle Environmental Services Limited (Sparkle), faces three counts of fraud, contrary to section 16A of the Theft Ordinance. He was released on ICAC bail, pending his appearance at the Kwun Tong Magistrates’ Courts on Thursday (July 25) for plea.At the material time, the defendant was a contract manager of Sparkle, a cleaning service contractor of the FEHD. He was responsible for supervising the company’s foremen and cleaning workers posted to Sai Kung District, and handling relevant matters of recruitment and employment contracts.The offences took place between August 2020 and July 2022. The defendant, without Sparkle’s authorisation, allegedly made false representations to the three cleaning workers concerned that they were employed and paid as casual workers. It is alleged that subsequently, the defendant falsely represented to the three workers that Sparkle had miscalculated their wages, and with intent to defraud, induced the trio to return part of their wages, totalling over $38,000, to the defendant.The ICAC investigation arose from a corruption complaint in relation to workers’ wages. Enquiries revealed that the trio were in fact Sparkle’s full-time employees who were entitled to higher pay rates, but the defendant allegedly made false representations to them that they were employed as casual cleaning workers at a daily wage of either $420 or $450 only. Meanwhile, the defendant had never returned to Sparkle the wages which he defrauded out of the trio.The FEHD and Sparkle rendered full assistance to the ICAC during its investigation into the case.
Aug 2024Ex-site team leader of Third Runway Project charged by ICAC jailed 6 months for briberyIn recent years, the ICAC has taken a series of enforcement actions against solicitation and acceptance of bribe payments from construction workers and launched a series of relevant publicity and education programmes. One more former site team leader of a sub-contractor of the Third Runway Project of the Hong Kong International Airport (Third Runway Project) was today (August 5) sentenced to six months’ imprisonment at the West Kowloon Magistrates’ Courts for soliciting and accepting bribes from two carpenters over their employment.Mok Pak-cheung, 64, former site team leader for carpentry works of MLife Engineering Limited (MEL), was earlier found guilty of 12 charges – three of agent soliciting an advantage; and nine of agent accepting an advantage, all contrary to section 9(1)(a) of the Prevention of Bribery Ordinance.In sentencing, Magistrate Mr Pang Leung-ting noted that the defendant had committed such offences continuously for 11 months. The defendant’s acts were not tolerated in a civilised society, and an immediate custodial sentence was inevitable. The defendant was also ordered to return the received bribes of $19,700 within seven days as restitution.The ICAC has so far charged 28 persons, most of whom were site team leaders of a sub-contractor, for collecting bribes totalling over $1.9 million from more than 130 workers of the Third Runway Project. Twenty-two defendants, including Mok, had pleaded guilty or were found guilty after trial, receiving sentences up to 16 months in jail. Another defendant is awaiting plea.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.The court heard that at the material time, MEL was a sub-contractor of the Third Runway Project responsible for recruiting construction workers to conduct various works. Mok was a site team leader leading a team of carpenters working at the project’s construction site.ICAC investigations revealed that on different occasions in early June 2021, two carpenters discussed with Mok about joining MEL, and Mok solicited from the duo bribes of $200 to $300 per working day so as to assist them to secure their employment with MEL. The duo’s daily wage was agreed at about $1,600 while one of them did not join MEL eventually.The court heard that after joining MEL in the same month, the aforesaid carpenter found that his actual daily wage was only $1,400 and hence requested Mok to follow up. Mok explained to the carpenter that the daily wage was lower than the original amount because the latter was not a skilled carpenter. Mok asked the carpenter to continue to pay him a bribe on each working day and reduced the bribe to $100 per day. The carpenter reluctantly acceded to Mok’s solicitation.ICAC enquiries found that on various occasions between July 2021 and March 2022, Mok received bribes totalling $19,700 from the carpenter to assist in continuing the latter’s employment with MEL. The carpenter believed that he would have been terminated by Mok if he had not paid the bribes to Mok.The Airport Authority Hong Kong, the relevant main contractor SAPR JV and MEL had rendered full assistance to the ICAC during its investigation into the cases.The prosecution was today represented by prosecuting counsel Eddie Sean, assisted by ICAC officer Ruby Cheung. 01
Aug 2024Merchant charged by ICAC gets two weeks’ jail for bribing bank staff for expediting account openingA merchant, charged by the ICAC, was today (August 1) sentenced at the Eastern Magistrates’ Courts to two weeks’ imprisonment after admitting that he had offered a bribe of $2,000 to a bank employee for expediting the process of opening personal bank account.Bian Weilong, 39, merchant, today pleaded guilty to one count of offering an advantage to an agent, contrary to section 9(2)(a) of the Prevention of Bribery Ordinance. Principal Magistrate Mr Don So Man-lung imposed a jail term of two weeks and a fine of $10,000 on Bian.The court heard that at the material time, Bian was a merchant operating duty-free shops in Southeast Asia. In early May 2023, Bian visited a branch of China Construction Bank (Asia) Corporation Limited (CCB (Asia)) in Central for opening a personal account. He was received by Law Tsz-hin, a then sales executive of the branch.Bian was later told by Law that due to a large number of account opening applications, it was estimated that the account opening process would take about a month. The next day after his visit to the branch of CCB (Asia), Bian offered a bribe of $2,000 to Law for expediting the account opening process at the bank.The ICAC investigation arose from a corruption complaint in relation to opening bank accounts. Enquiries revealed that Bian’s bank account was opened shortly after he had paid the bribe to Law.Law Tsz-hin, 31, the then branch sales executive of CCB (Asia), was also earlier charged by the ICAC for his role in the scam. In May this year, Law was sentenced to six weeks’ imprisonment after pleading guilty at the Eastern Magistrates’ Courts to four bribery charges for soliciting and accepting bribes totalling $13,000 for expediting the process of opening personal bank accounts for six clients, including Bian.CCB (Asia) had rendered full assistance to the ICAC during its investigation into the case.The prosecution was today represented by ICAC officer Kiki Chu.The ICAC reminds the general public not to bribe bank staff in exchange for its services. Should anyone comes across any suspicion of corruption, he or she should report to the ICAC immediately. The ICAC has recently launched the “Corruption Prevention Guide for Banks” to enhance the corruption prevention capabilities of banks and assist banks in managing corruption risks in core operations including account opening and referral of client. To promote probity culture in the banking sector, an Ethics Promotion Programme for the Banking Industry was also launched to help managerial and other ranks of bank staff understand common corruption loopholes. 01
Aug 2024Man charged by ICAC convicted of conspiracy to launder $125m crime proceedsA former personal assistant of a businessman, charged by the ICAC, was today (August 1) convicted at the District Court of conspiring with the businessman to deal with crime proceeds totalling $125 million, being loans unlawfully obtained by the businessman from a listed company.Lam Chung-kan (also known as Lin Songgen), 50, was found guilty of five counts of conspiracy to deal with property known or believed to represent proceeds of an indictable offence, contrary to section 25(1) of the Organized and Serious Crimes Ordinance and sections 159A and 159C of the Crimes Ordinance.Judge Mr Clement Lee Hing-nin adjourned the case to August 16 for sentence. The defendant was remanded in the custody of the Correctional Services Department.The ICAC investigation arose from a corruption complaint referred by the Securities and Futures Commission (SFC), followed by an operation jointly mounted by the ICAC and the SFC in 2021.The court heard that at the material time, the defendant was a personal assistant of a businessman. In mid-2015, the businessman arranged the defendant and others to hold substantial amount of shares of publicly listed Sunway International Holdings Limited (Sunway). The businessman also arranged some individuals to take up senior executive posts of the listed company.In early 2016, Sunway started operating money lending business. Between July 2016 and September 2017, the businessman had obtained five loans totalling $125 million from the listed company via four local and offshore companies controlled by the businessman through the defendant and others, in an attempt to circumvent regulatory requirements to pretend that those companies were independent borrowers.ICAC inquiries revealed that after the above-mentioned local and offshore companies received the loans from Sunway, the defendant would dispose of the loan proceeds according to the instructions given by the businessman for the use of the businessman or the companies controlled by him. Repayments of over $80 million out of the five loans were defaulted.The SFC and the Hong Kong Exchanges & Clearing Limited rendered full assistance to the ICAC during its investigation.The prosecution was today represented by Senior Public Prosecutor Audrey Parwani and Public Prosecutor Alison Mo, assisted by ICAC officer Johnny Yiu. 30
Jul 2024Merchant charged by ICAC with bribing bank staff for expediting account openingThe ICAC today (July 30) charged a merchant with allegedly bribing a bank employee for expediting the process of opening his personal bank account.Bian Wei-long, 39, merchant, faces one count of offering an advantage to an agent, contrary to section 9(2)(a) of the Prevention of Bribery Ordinance. He was released on ICAC bail, pending his appearance at the Eastern Magistrates’ Courts on Thursday (August 1) for plea.At the material time, Bian was a merchant operating duty-free shops in Southeast Asia. In early May 2023, Bian visited a branch of China Construction Bank (Asia) Corporation Limited (CCB (Asia)) in Central for opening a personal account. He was received by a then sales executive of the branch.It is alleged that on the next day after his visit to the aforesaid branch of CCB (Asia), Bian offered a bribe of $2,000 to the then sales executive for expediting the account opening process at the bank.The ICAC investigation arose from a corruption complaint in relation to opening bank accounts. Enquiries revealed that Bian’s bank account was opened shortly after he had paid the bribe to the sales executive mentioned.Law Tsz-hin, the then sales executive of CCB (Asia), 31, was also earlier charged by the ICAC for his role in the scam. He was earlier sentenced to a jail term of six weeks after pleading guilty at the Eastern Magistrates’ Courts to four bribery charges for soliciting and accepting bribes totalling $13,000 for expediting the process of opening personal bank accounts for six clients, including Bian.CCB (Asia) has rendered full assistance to the ICAC during its investigation into the case.The ICAC reminds the general public not to bribe bank staff in exchange for its services. Should anyone comes across any suspicion of corruption, he or she should report to the ICAC immediately. The ICAC has recently launched the “Corruption Prevention Guide for Banks” to enhance the corruption prevention capabilities of banks and assist banks in managing corruption risks in core operations including account opening and referral of client. To promote probity culture in the banking sector, an Ethics Promotion Programme for the Banking Industry was also launched to help managerial and other ranks of bank staff understand common corruption loopholes. 23
Jul 2024Ex-manager of FEHD contractor charged by ICAC for extorting $38,000 in wages from cleaning workers by deceitThe ICAC today (July 23) charged a former manager of a cleaning service contractor of the Food and Environmental Hygiene Department (FEHD) for allegedly deceiving three subordinate cleaning workers into returning a wage difference totalling over $38,000 in a span of nearly two years, by falsely representing to them that the employer had miscalculated their wages.Choy Wai-hong, 50, former contract manager of Sparkle Environmental Services Limited (Sparkle), faces three counts of fraud, contrary to section 16A of the Theft Ordinance. He was released on ICAC bail, pending his appearance at the Kwun Tong Magistrates’ Courts on Thursday (July 25) for plea.At the material time, the defendant was a contract manager of Sparkle, a cleaning service contractor of the FEHD. He was responsible for supervising the company’s foremen and cleaning workers posted to Sai Kung District, and handling relevant matters of recruitment and employment contracts.The offences took place between August 2020 and July 2022. The defendant, without Sparkle’s authorisation, allegedly made false representations to the three cleaning workers concerned that they were employed and paid as casual workers. It is alleged that subsequently, the defendant falsely represented to the three workers that Sparkle had miscalculated their wages, and with intent to defraud, induced the trio to return part of their wages, totalling over $38,000, to the defendant.The ICAC investigation arose from a corruption complaint in relation to workers’ wages. Enquiries revealed that the trio were in fact Sparkle’s full-time employees who were entitled to higher pay rates, but the defendant allegedly made false representations to them that they were employed as casual cleaning workers at a daily wage of either $420 or $450 only. Meanwhile, the defendant had never returned to Sparkle the wages which he defrauded out of the trio.The FEHD and Sparkle rendered full assistance to the ICAC during its investigation into the case.