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Ethical Decision MakingRecent ICAC Cases
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Apr 2024HZMB shuttle bus casual worker charged by ICAC for soliciting bribe from tourists over boarding during pandemicA casual worker of the Hong Kong-Zhuhai-Macao Bridge (HZMB) shuttle bus was charged by the ICAC on Wednesday (April 3) for allegedly soliciting a bribe for assisting two tourists to board a shuttle bus departing for Zhuhai from Hong Kong before the Chinese New Year’s Eve last year.Ng Kwong-lung, 35, then casual worker of Hong Kong-Zhuhai-Macao Bridge Shuttle Bus Company Limited (HZMBus), faces one count of agent soliciting an advantage and one count of agent accepting an advantage, contrary to Section 9(1)(a) of the Prevention of Bribery Ordinance. He was released on ICAC bail, pending his appearance at the West Kowloon Magistrates’ Courts next Monday (April 8) for plea.HZMBus operates the HZMB shuttle bus service which runs between Hong Kong and Zhuhai. At the material time, HZMB shuttle bus was allowed to carry a specific number of passengers daily from Hong Kong to Zhuhai in view of the Mainland anti-pandemic measures. Only passengers with valid tickets booked through online real-name reservation were allowed to board the shuttle bus.The defendant was tasked to assist passengers to board the shuttle bus at the Hong Kong Port of the HZMB, including verifying whether passengers at the check-in gate got valid tickets for that day.On January 20, 2023 the defendant allegedly solicited a bribe of $1,000 from two Mainland tourists for assisting them to board a HZMB shuttle bus heading to Zhuhai, and accepted a bribe of RMB 500 from one of the duo.The ICAC investigation arose from a corruption complaint. Enquiries revealed that the two tourists arrived at the Hong Kong Port of the HZMB in late evening of January 20, 2023, the day before the Chinese New Year’s Eve. They sought assistance from the defendant as they did not manage to secure any ticket for the day or the following day. ICAC investigation also revealed that one of them subsequently declined the defendant’s solicitation.HZMBus has rendered full assistance to the ICAC during its investigation into the case. 27
Mar 2024Ex-security supervisor of public housing estate charged by ICAC gets two months’ jail for receiving ‘laisees’ over duty arrangementA former security supervisor of a public housing estate, charged by the ICAC, was today (March 27) sentenced to two months’ imprisonment at the Kowloon City Magistrates’ Courts after admitting her receiving of “laisees” totalling $4,000 from a subordinate security guard for arranging a post the latter preferred. The subordinate security guard had also been earlier sentenced to a jail term of two months after pleading guilty to the offences concerned.Chan Sau-wan, 70, former security supervisor of Nice Property Management Limited (Nice Property), pleaded guilty to two counts of agent accepting an advantage, contrary to section 9(1)(b) of the Prevention of Bribery Ordinance.In sentencing, Magistrate Mr Peter Yu Chun-cheung remarked that the offences were serious in nature. He took a starting point of three months’ imprisonment and reduced the jail term by one-third to two months, having considered the defendant’s guilty plea.At the material time, Nice Property was engaged by the Housing Department (HD) to provide security services in Lok Fu Estate. Nice Property forbade its staff to offer or accept any advantages in relation to their duties.The court heard that Chan was a morning shift security supervisor of Lok Fu Estate. She was responsible for preparing daily duty roster of subordinate security guards, including Liang Jinlan.Chan admitted that between mid-November 2022 and late January 2023, after her birthday and during Chinese New Year, she had accepted two “laisees” totalling $4,000 offered by Liang for arranging the latter to work at the reception of a building in Lok Fu Estate.The ICAC investigation arose from a corruption complaint referred by the HD. The HD and Nice Property had rendered full assistance to the ICAC during its investigation into the case. The prosecution was today represented by ICAC officer Michael Lim.The former security guard of Nice Property, Liang, 49, was sentenced to two months’ imprisonment late last year after pleading guilty to two counts of offering bribes. 26
Mar 2024Funeral agent charged by ICAC for bribery over servicesA funeral agent was yesterday (March 25) charged by the ICAC for allegedly offering a bribe of $3,000 to a fellow church member of a deceased elderly person for securing the business of the latter’s after-death arrangements.Chak Kwok-hung, 42, sales agent of Endless Love Care Service Company Limited (Endless Love), faces one count of offering an advantage to an agent, contrary to section 9(2)(a) of the Prevention of Bribery Ordinance.The defendant was released on ICAC bail, pending his appearance at the Kowloon City Magistrates’ Courts on Thursday (March 28) for plea.On March 6, 2023, an elderly person residing in a private residential care home passed away. The elderly person had given several ten thousand dollars to two fellow church members and entrusted them to take care of his funeral services beforehand. After the duo found out that the funeral services had been passed to Endless Love unbeknown to them on the same day the deceased died, one of them visited Endless Love to make enquiries.The charge alleges that on March 6, 2023, the defendant offered $3,000 to the fellow church member visiting Endless Love for referring the funeral services for the deceased elderly person to the defendant or Endless Love.The church member rejected the defendant’s offer and left. 25
Mar 2024Jail terms of 12 to 35 months for three insurance agents charged by ICAC over $2.7m fraud and money launderingThree former insurance agents, charged by the ICAC, were today (March 25) sentenced at the District Court to jail terms from 12 months to 35 months for conspiracy to defraud an insurer of commissions and bonuses totalling about $1.2 million by making false representations four insurance policies were handled by another insurance agent, and conspiracy to launder over $2.7 million in crime proceeds.Li Chung-hing, former assistant branch manager of AXA China Region Insurance Company Limited (AXA); and Kong Ho-chi, former insurance agent of AXA, both 36, were sentenced by Deputy Judge Mr Edward Wong Ching-yu to jail terms of 35 months and 32 months respectively.The duo were earlier found guilty of five charges after trial – four of conspiracy to defraud, contrary to the Common Law, and one of conspiracy to dealing 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 Section 159A of the Crimes Ordinance.Co-defendant Tang Maurice Moses, 38, former insurance agent of AXA, who had pleaded guilty to two of the conspiracy to defraud charges, was sentenced to 12 months’ imprisonment.At the material time between September 2015 and September 2017, Li was an assistant branch manager of AXA and also the up-line manager of Tang, Kong and another insurance agent referred by Kong to work at AXA.AXA insurance agents were required to personally meet their clients to explain the terms and conditions of insurance policies. Upon approval of an insurance policy application and receipt of the relevant premium, AXA would release commission to the handling insurance agent, and overriding commission to the relevant up-line manager and job referrer.In addition, various kinds of bonuses would be released to insurance agents should they meet specified sales targets or when the insurance agents referred by them to work at AXA successfully sell any insurance products.The court heard that Li either conspired with Tang and Kong to defraud AXA by falsely representing that the insurance agent referred by Kong had handled four insurance policy applications.Believing that the information contained in the insurance policy applications was genuine, AXA underwrote and issued those insurance policies, and paid commissions, bonuses, etc. totalling about $1.2 million in connection with the four insurance policies to Li, Kong and the insurance agent referred by Kong.The ICAC investigation arose from a corruption complaint alleging submission of false insurance policy applications by insurance agents. Enquiries revealed that the three defendants paid the premiums for the insurance policies in the present case. The insurance agent referred by Kong was never involved in the sale of those insurance policies which lapsed as premiums were subsequently not paid.ICAC enquiries also revealed that the insurance agent referred by Kong received commissions and bonuses totalling over $2.7 million from AXA at the material time even though he was not involved in the sale of any insurance policies. The sum was then transferred from his bank account to the personal bank accounts of Lee and Kong.AXA had rendered full assistance to the ICAC during its investigation into the case.The prosecution was today represented by prosecuting counsel Boey Chung, assisted by ICAC officer Allan Fong. 14
Mar 2024Ex-bank employee and intermediary charged by ICAC with bribery for expediting account openingA former bank employee and an intermediary were charged by the ICAC yesterday (March 13) for allegedly soliciting and accepting 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)), faces 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), faces the charge of conspiracy for an agent to accept advantages.The duo were released on ICAC bail, pending their appearance at the Eastern Magistrates’ Courts tomorrow (March 15) for plea.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.It is alleged that between late April and mid-May 2023, when Law was handling account opening matters, he 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.Law and Hu allegedly conspired together during the period for Law to accept bribes from Hu for expediting the account opening process of clients referred by Hu. It is alleged that bribes totalling $3,000 were involved for three clients referred to Law by Hu.CCB (Asia) has rendered full assistance to the ICAC during its investigation into the case.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.
Apr 2024HZMB shuttle bus casual worker charged by ICAC for soliciting bribe from tourists over boarding during pandemicA casual worker of the Hong Kong-Zhuhai-Macao Bridge (HZMB) shuttle bus was charged by the ICAC on Wednesday (April 3) for allegedly soliciting a bribe for assisting two tourists to board a shuttle bus departing for Zhuhai from Hong Kong before the Chinese New Year’s Eve last year.Ng Kwong-lung, 35, then casual worker of Hong Kong-Zhuhai-Macao Bridge Shuttle Bus Company Limited (HZMBus), faces one count of agent soliciting an advantage and one count of agent accepting an advantage, contrary to Section 9(1)(a) of the Prevention of Bribery Ordinance. He was released on ICAC bail, pending his appearance at the West Kowloon Magistrates’ Courts next Monday (April 8) for plea.HZMBus operates the HZMB shuttle bus service which runs between Hong Kong and Zhuhai. At the material time, HZMB shuttle bus was allowed to carry a specific number of passengers daily from Hong Kong to Zhuhai in view of the Mainland anti-pandemic measures. Only passengers with valid tickets booked through online real-name reservation were allowed to board the shuttle bus.The defendant was tasked to assist passengers to board the shuttle bus at the Hong Kong Port of the HZMB, including verifying whether passengers at the check-in gate got valid tickets for that day.On January 20, 2023 the defendant allegedly solicited a bribe of $1,000 from two Mainland tourists for assisting them to board a HZMB shuttle bus heading to Zhuhai, and accepted a bribe of RMB 500 from one of the duo.The ICAC investigation arose from a corruption complaint. Enquiries revealed that the two tourists arrived at the Hong Kong Port of the HZMB in late evening of January 20, 2023, the day before the Chinese New Year’s Eve. They sought assistance from the defendant as they did not manage to secure any ticket for the day or the following day. ICAC investigation also revealed that one of them subsequently declined the defendant’s solicitation.HZMBus has rendered full assistance to the ICAC during its investigation into the case. 27
Mar 2024Ex-security supervisor of public housing estate charged by ICAC gets two months’ jail for receiving ‘laisees’ over duty arrangementA former security supervisor of a public housing estate, charged by the ICAC, was today (March 27) sentenced to two months’ imprisonment at the Kowloon City Magistrates’ Courts after admitting her receiving of “laisees” totalling $4,000 from a subordinate security guard for arranging a post the latter preferred. The subordinate security guard had also been earlier sentenced to a jail term of two months after pleading guilty to the offences concerned.Chan Sau-wan, 70, former security supervisor of Nice Property Management Limited (Nice Property), pleaded guilty to two counts of agent accepting an advantage, contrary to section 9(1)(b) of the Prevention of Bribery Ordinance.In sentencing, Magistrate Mr Peter Yu Chun-cheung remarked that the offences were serious in nature. He took a starting point of three months’ imprisonment and reduced the jail term by one-third to two months, having considered the defendant’s guilty plea.At the material time, Nice Property was engaged by the Housing Department (HD) to provide security services in Lok Fu Estate. Nice Property forbade its staff to offer or accept any advantages in relation to their duties.The court heard that Chan was a morning shift security supervisor of Lok Fu Estate. She was responsible for preparing daily duty roster of subordinate security guards, including Liang Jinlan.Chan admitted that between mid-November 2022 and late January 2023, after her birthday and during Chinese New Year, she had accepted two “laisees” totalling $4,000 offered by Liang for arranging the latter to work at the reception of a building in Lok Fu Estate.The ICAC investigation arose from a corruption complaint referred by the HD. The HD and Nice Property had rendered full assistance to the ICAC during its investigation into the case. The prosecution was today represented by ICAC officer Michael Lim.The former security guard of Nice Property, Liang, 49, was sentenced to two months’ imprisonment late last year after pleading guilty to two counts of offering bribes. 26
Mar 2024Funeral agent charged by ICAC for bribery over servicesA funeral agent was yesterday (March 25) charged by the ICAC for allegedly offering a bribe of $3,000 to a fellow church member of a deceased elderly person for securing the business of the latter’s after-death arrangements.Chak Kwok-hung, 42, sales agent of Endless Love Care Service Company Limited (Endless Love), faces one count of offering an advantage to an agent, contrary to section 9(2)(a) of the Prevention of Bribery Ordinance.The defendant was released on ICAC bail, pending his appearance at the Kowloon City Magistrates’ Courts on Thursday (March 28) for plea.On March 6, 2023, an elderly person residing in a private residential care home passed away. The elderly person had given several ten thousand dollars to two fellow church members and entrusted them to take care of his funeral services beforehand. After the duo found out that the funeral services had been passed to Endless Love unbeknown to them on the same day the deceased died, one of them visited Endless Love to make enquiries.The charge alleges that on March 6, 2023, the defendant offered $3,000 to the fellow church member visiting Endless Love for referring the funeral services for the deceased elderly person to the defendant or Endless Love.The church member rejected the defendant’s offer and left. 25
Mar 2024Jail terms of 12 to 35 months for three insurance agents charged by ICAC over $2.7m fraud and money launderingThree former insurance agents, charged by the ICAC, were today (March 25) sentenced at the District Court to jail terms from 12 months to 35 months for conspiracy to defraud an insurer of commissions and bonuses totalling about $1.2 million by making false representations four insurance policies were handled by another insurance agent, and conspiracy to launder over $2.7 million in crime proceeds.Li Chung-hing, former assistant branch manager of AXA China Region Insurance Company Limited (AXA); and Kong Ho-chi, former insurance agent of AXA, both 36, were sentenced by Deputy Judge Mr Edward Wong Ching-yu to jail terms of 35 months and 32 months respectively.The duo were earlier found guilty of five charges after trial – four of conspiracy to defraud, contrary to the Common Law, and one of conspiracy to dealing 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 Section 159A of the Crimes Ordinance.Co-defendant Tang Maurice Moses, 38, former insurance agent of AXA, who had pleaded guilty to two of the conspiracy to defraud charges, was sentenced to 12 months’ imprisonment.At the material time between September 2015 and September 2017, Li was an assistant branch manager of AXA and also the up-line manager of Tang, Kong and another insurance agent referred by Kong to work at AXA.AXA insurance agents were required to personally meet their clients to explain the terms and conditions of insurance policies. Upon approval of an insurance policy application and receipt of the relevant premium, AXA would release commission to the handling insurance agent, and overriding commission to the relevant up-line manager and job referrer.In addition, various kinds of bonuses would be released to insurance agents should they meet specified sales targets or when the insurance agents referred by them to work at AXA successfully sell any insurance products.The court heard that Li either conspired with Tang and Kong to defraud AXA by falsely representing that the insurance agent referred by Kong had handled four insurance policy applications.Believing that the information contained in the insurance policy applications was genuine, AXA underwrote and issued those insurance policies, and paid commissions, bonuses, etc. totalling about $1.2 million in connection with the four insurance policies to Li, Kong and the insurance agent referred by Kong.The ICAC investigation arose from a corruption complaint alleging submission of false insurance policy applications by insurance agents. Enquiries revealed that the three defendants paid the premiums for the insurance policies in the present case. The insurance agent referred by Kong was never involved in the sale of those insurance policies which lapsed as premiums were subsequently not paid.ICAC enquiries also revealed that the insurance agent referred by Kong received commissions and bonuses totalling over $2.7 million from AXA at the material time even though he was not involved in the sale of any insurance policies. The sum was then transferred from his bank account to the personal bank accounts of Lee and Kong.AXA had rendered full assistance to the ICAC during its investigation into the case.The prosecution was today represented by prosecuting counsel Boey Chung, assisted by ICAC officer Allan Fong. 14
Mar 2024Ex-bank employee and intermediary charged by ICAC with bribery for expediting account openingA former bank employee and an intermediary were charged by the ICAC yesterday (March 13) for allegedly soliciting and accepting 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)), faces 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), faces the charge of conspiracy for an agent to accept advantages.The duo were released on ICAC bail, pending their appearance at the Eastern Magistrates’ Courts tomorrow (March 15) for plea.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.It is alleged that between late April and mid-May 2023, when Law was handling account opening matters, he 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.Law and Hu allegedly conspired together during the period for Law to accept bribes from Hu for expediting the account opening process of clients referred by Hu. It is alleged that bribes totalling $3,000 were involved for three clients referred to Law by Hu.CCB (Asia) has rendered full assistance to the ICAC during its investigation into the case.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.