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Ethical Decision MakingRecent ICAC Cases
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Mar 2023Woman charged with conspiracy to commit money laundering revealed in ICAC probe into impersonation phone scamFollowing the receipt of a complaint alleging impersonation of ICAC officers in phone scams, the Commission concluded an investigation and revealed that a woman was suspected to have visited Hong Kong upon a friend’s request to open bank accounts, which were subsequently operated by others to handle payments in phone scams. The woman was charged by the ICAC with conspiracy to commit money laundering today (March 24) and the case will be brought to the Kowloon City Magistrates’ Courts for mention tomorrow (March 25).Hu Qingzhu, 39, was charged today upon her arrival in Hong Kong. She faces one count of conspiracy to deal with property known or reasonably 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.It is alleged that between November 2018 and March 2019, the defendant conspired with others to handle various sums of Hong Kong dollar and United States dollar, totalling about HK$600,000, in her bank accounts at Bank of China (Hong Kong) Limited (BOCHK).The investigation arose from a complaint filed with the Commission alleging impersonation of ICAC officers in phone scams. In November 2018, the defendant allegedly visited Hong Kong to open three bank accounts at BOCHK upon the request of a friend she came to know through a social media online platform, and let others operate them. During the account opening process, she allegedly made false representations about her educational level and employment status.Enquiries also revealed that scammers allegedly asked phone scam victims to deposit various sums of money into the defendant’s bank accounts, purportedly for asset clearance or investigation.An ICAC spokesperson stresses that the Commission would not request members of the public to make transfers to designated bank accounts for asset clearance or investigation. Should members of the public receive any transfer requests made by people claimed to be ICAC officers, they are urged not to follow such instructions and report the matter to the ICAC at its hotline: 25 266 366.BOCHK has rendered full assistance to the ICAC during its investigation into the case. 21
Mar 2023Ex-site team leader charged by ICAC jailed for wage fraud in Third Runway workers’ employment bribery caseA former site team leader of a sub-contractor of the Third Runway Project of the Hong Kong International Airport (Third Runway Project) was today (March 21) sentenced to three months’ imprisonment at the West Kowloon Magistrates’ Courts for deceiving the sub-contractor into paying higher daily wages to four summer job seekers by making false representations that they were experienced plumbers. The defendant was among 21 people charged by the ICAC with bribery over Third Runway Project workers’ employment arising from the relevant investigation.Lam Huang Chaofan, 53, former plumbing works site team leader of MLife Engineering Limited (MEL), earlier pleaded guilty to one count of fraud, contrary to Section 16A(1) of the Theft Ordinance.In sentencing, Magistrate Mr Jeffrey Sze Cho-yiu said that the Third Runway Project was involved in the case and the behavior of the defendant undermined the public confidence. The court had to mete out a deterrent punishment so that practitioners in the industry would be warned to stay vigilant against malpractices.The magistrate took a starting point of four and a half months imprisonment and reduced the jail term of the defendant to three months having considered his guilty plea.The court heard that MEL was a sub-contractor of the Third Runway Project responsible for recruiting construction workers to conduct various works. The defendant was employed by MEL as site team leader of a team of plumbers at the project’s construction site. In August 2021, he referred four people to join MEL as plumbers at a daily wage of $1,200, but MEL subsequently found that they had no plumbing experience.Upon receipt of corruption complaints, the ICAC had taken a series of enforcement actions against illicit acceptance of illegal rebates from construction workers of Third Runway Project since 2021. Enquiries revealed that the four people were summer job seekers who had just completed their secondary school studies. They were told by the defendant that their daily wage was $950, but they subsequently found that the daily wage shown on their contracts was $1,200 and the defendant had asked them to return the daily wage difference.Had MEL known the four people had no plumbing experience, it would not have employed them as plumbers at a daily wage $1,200 and would only employed them as general workers at a daily wage of $950. MEL had paid extra wages totaling $50,000 to the four people because of the defendant’s false representations.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 case.Among the 21 former employees of the main contractor and a sub-contractor of the Third Runway Project charged earlier, 11 had pleaded guilty or were found guilty after trial, receiving sentences up 10 months in jail. Nine others are awaiting trial, while the prosecution offered no evidence to the charge against a defendant.The prosecution was today represented by ICAC officer Cody Chung. 21
Mar 2023Works Supervisor of HD charged by ICAC with soliciting and accepting bribes and unauthorised loans from sub-contractors’ staffA Works Supervisor of the Housing Department (HD) was charged by the ICAC today (March 21) for allegedly soliciting and accepting bribes and unauthorised loans totalling over $90,000 from six staff of three sub-contractors of a public housing construction site in Tai Po over works inspection. Also charged in the case were two sub-contractor staff who offered bribes and loans to the Works Supervisor.Wong To, 30, Works Supervisor I (Construction) of the HD, faces 15 charges – 10 of public servant accepting or soliciting an advantage, and five of prescribed officer accepting or soliciting an advantage.Lee Pang-kin, 30, former bar-bending works leader of Profit Smart Construction Engineering Limited (Profit Smart), and Lam Wai-kit, 38, works foreman of Wo Fat Construction Work Company Limited (Wo Fat), face two counts of offering an advantage to a public servant and three counts of offering an advantage to a prescribed officer respectively.The three defendants were released on ICAC bail, pending their appearance at the Shatin Magistrates’ Courts for plea on Thursday (March 23).Between January 2021 and April 2022, Wong, HD’s Works Supervisor, was posted to a construction site for building eight blocks of public housing in Tai Po. He was responsible for monitoring the quality and progress of the construction works of one of the blocks. He could request workers of the contractor and sub-contractors to rectify any substandard works, and was required to submit the relevant inspection forms to the HD.Profit Smart was the bar-bending sub-contractor of the abovementioned block in the construction site. Its bar-bending works leader, Lee, was under the supervision of Wong. Wong allegedly solicited and accepted two bribes totalling $2,500 offered by Lee for showing favour to Lee during the inspection of the works performed by Profit Smart. Wong also allegedly solicited six bribes totalling $44,300 from Lee and two other bar-benders of Profit Smart for the same purpose, but the solicitations were rejected by the trio.Wo Fat was another sub-contractor of the construction site responsible for excavation works. Wong allegedly solicited and accepted from Lam, Wo Fat’s works foreman, three loans totalling $25,500 without the permission of the Chief Executive (CE). Meanwhile, Lam allegedly offered the three loans to Wong while having dealings with the HD.In addition, Wong was alleged to have solicited two bribes totalling $6,000 from a cement sand mortar works foreman of a third sub-contractor for showing favour to the latter during the inspection of the works performed by the sub-contractor. It is further alleged that Wong solicited a loan of $3,000 and accepted a loan of $10,000 from an iron works worker of the sub-contractor who had worked in the construction site without the permission of the CE.The ICAC investigation arose from a corruption complaint referred by the HD. Enquiries revealed that at the material time, Wong had submitted to the HD over 220 inspection forms in relation to Profit Smart’s bar-bending works and over 160 inspection forms concerning the third sub-contractor’s cement sand mortar works.It was also revealed that Wong had never sought the permission for soliciting and accepting loans pursuant to the relevant government regulation, the Acceptance of Advantages (CE’s Permission) Notice, when he borrowed money from the sub-contractor staff concerned.The HD and the three sub-contractors concerned have rendered full assistance to the ICAC during its investigation into the case.The ICAC reminds civil servants who are responsible for supervising contractors of the Government to perform their supervisory functions dutifully to ensure that the contractual requirements are met in order to safeguard the public interest. Civil servants should never abuse their official capacity to solicit or accept advantages. 20
Mar 2023Ex-employee of publishing firm charged by ICAC with $380,000 payments fraud revealed in graft probeIn the course of a corruption investigation by the ICAC, it was revealed that a former employee of a publishing firm had deceived the firm into making 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 former employee was charged by the Commission with fraud and offences under the anti-bribery law last Friday (March 17).Hung Cheung-wai, 48, former employee of Chinese Baptist Press (International) Limited (CBP), faces eight charges – four of fraud, contrary to Section 16A of the Theft Ordinance; and 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.The defendant was released on ICAC bail. He would appear in the Eastern Magistrates’ Courts tomorrow (March 21) for mention, pending the prosecution’s application for transferring the case to the District Court.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 involving payments totalling about $340,000 in relation to 78 republished books which were issued to CBP by four contractors.It is alleged that the defendant falsely represented to CBP that the four contractors had completed the editing, typesetting, proofreading and design works of books to induce CBP to pay for those works.The defendant also allegedly 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.It is also alleged that the defendant used two sets of false invoices to mislead CBP that one of the contractors had conducted relocation works for CBP on two occasions and was entitled to service fees totalling $11,000.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 has rendered full assistance to the ICAC during its investigation into the case. 16
Mar 2023Ex-site team leader charged by ICAC guilty of soliciting and accepting bribes from public hospital expansion project workersA former site team leader of a subcontractor of an expansion project of the United Christian Hospital, charged by the ICAC, was today (March 16) convicted at the Eastern Magistrates’ Courts of soliciting and accepting illegal rebates totalling over $14,000 from three carpenters and bar benders for securing their employment with the subcontractor and being favourably disposed to them at work.Tsoi Wai-tung, 45, former site team leader of Star Power Engineering Limited (Star Power), was found guilty of two counts of conspiracy for an agent to accept advantages and one count of agent soliciting an advantage, contrary to sections 9(1)(a) and 9(1)(b) of the Prevention of Bribery Ordinance and section 159A of the Crimes Ordinance.Magistrate Mr Lam Tsz-kan adjourned the case to March 29 for sentence, pending the defendant’s background report. The defendant was remanded in the custody of the Correctional Services Department.The offences took place between January and May 2021. At the material time, Star Power was a subcontractor for carpentry and bar bending works of the expansion project of the United Christian Hospital and the defendant was a then site team leader of Star Power. During the period, he referred a number of workers to work at the construction site under his supervision at a daily wage ranging from about $1,300 to $1,400.The court heard that the defendant requested three of the workers to pay him illegal rebates of $100 or $200 per working day for securing and continuing their employment with Star Power. One of the workers, who rejected to pay any illegal rebate to the defendant, was assigned to take up difficult tasks. The worker resigned four days later.The remaining two workers acceded to the defendant’s requests to secure their jobs. The defendant subsequently accepted illegal rebates of $5,600 and $8,600 respectively, totalling over $14,000, from the duo. One of them was terminated by the defendant after he asked the defendant to lower the amount of the illegal rebate.An ICAC spokesperson urges construction workers not to tolerate corruption. Should they be asked to pay illegal rebates in exchange for their employment, they should report to the ICAC immediately. Report corruption hotline: 25 266 366.In order to strengthen the corruption prevention capabilities of the construction industry and to tackle possible illegal conducts in recruitment, the ICAC has produced the “Corruption Prevention Checklist on Recruitment of Construction Workers”. The construction industry and its frontline workers could also refer to the dedicated webpage tailor-made for the industry.Star Power had rendered full assistance to the ICAC during its investigation into the case.The prosecution was today represented by prosecuting counsel Mark Wei, assisted by ICAC officer Edison Lieh.
Mar 2023Woman charged with conspiracy to commit money laundering revealed in ICAC probe into impersonation phone scamFollowing the receipt of a complaint alleging impersonation of ICAC officers in phone scams, the Commission concluded an investigation and revealed that a woman was suspected to have visited Hong Kong upon a friend’s request to open bank accounts, which were subsequently operated by others to handle payments in phone scams. The woman was charged by the ICAC with conspiracy to commit money laundering today (March 24) and the case will be brought to the Kowloon City Magistrates’ Courts for mention tomorrow (March 25).Hu Qingzhu, 39, was charged today upon her arrival in Hong Kong. She faces one count of conspiracy to deal with property known or reasonably 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.It is alleged that between November 2018 and March 2019, the defendant conspired with others to handle various sums of Hong Kong dollar and United States dollar, totalling about HK$600,000, in her bank accounts at Bank of China (Hong Kong) Limited (BOCHK).The investigation arose from a complaint filed with the Commission alleging impersonation of ICAC officers in phone scams. In November 2018, the defendant allegedly visited Hong Kong to open three bank accounts at BOCHK upon the request of a friend she came to know through a social media online platform, and let others operate them. During the account opening process, she allegedly made false representations about her educational level and employment status.Enquiries also revealed that scammers allegedly asked phone scam victims to deposit various sums of money into the defendant’s bank accounts, purportedly for asset clearance or investigation.An ICAC spokesperson stresses that the Commission would not request members of the public to make transfers to designated bank accounts for asset clearance or investigation. Should members of the public receive any transfer requests made by people claimed to be ICAC officers, they are urged not to follow such instructions and report the matter to the ICAC at its hotline: 25 266 366.BOCHK has rendered full assistance to the ICAC during its investigation into the case. 21
Mar 2023Ex-site team leader charged by ICAC jailed for wage fraud in Third Runway workers’ employment bribery caseA former site team leader of a sub-contractor of the Third Runway Project of the Hong Kong International Airport (Third Runway Project) was today (March 21) sentenced to three months’ imprisonment at the West Kowloon Magistrates’ Courts for deceiving the sub-contractor into paying higher daily wages to four summer job seekers by making false representations that they were experienced plumbers. The defendant was among 21 people charged by the ICAC with bribery over Third Runway Project workers’ employment arising from the relevant investigation.Lam Huang Chaofan, 53, former plumbing works site team leader of MLife Engineering Limited (MEL), earlier pleaded guilty to one count of fraud, contrary to Section 16A(1) of the Theft Ordinance.In sentencing, Magistrate Mr Jeffrey Sze Cho-yiu said that the Third Runway Project was involved in the case and the behavior of the defendant undermined the public confidence. The court had to mete out a deterrent punishment so that practitioners in the industry would be warned to stay vigilant against malpractices.The magistrate took a starting point of four and a half months imprisonment and reduced the jail term of the defendant to three months having considered his guilty plea.The court heard that MEL was a sub-contractor of the Third Runway Project responsible for recruiting construction workers to conduct various works. The defendant was employed by MEL as site team leader of a team of plumbers at the project’s construction site. In August 2021, he referred four people to join MEL as plumbers at a daily wage of $1,200, but MEL subsequently found that they had no plumbing experience.Upon receipt of corruption complaints, the ICAC had taken a series of enforcement actions against illicit acceptance of illegal rebates from construction workers of Third Runway Project since 2021. Enquiries revealed that the four people were summer job seekers who had just completed their secondary school studies. They were told by the defendant that their daily wage was $950, but they subsequently found that the daily wage shown on their contracts was $1,200 and the defendant had asked them to return the daily wage difference.Had MEL known the four people had no plumbing experience, it would not have employed them as plumbers at a daily wage $1,200 and would only employed them as general workers at a daily wage of $950. MEL had paid extra wages totaling $50,000 to the four people because of the defendant’s false representations.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 case.Among the 21 former employees of the main contractor and a sub-contractor of the Third Runway Project charged earlier, 11 had pleaded guilty or were found guilty after trial, receiving sentences up 10 months in jail. Nine others are awaiting trial, while the prosecution offered no evidence to the charge against a defendant.The prosecution was today represented by ICAC officer Cody Chung. 21
Mar 2023Works Supervisor of HD charged by ICAC with soliciting and accepting bribes and unauthorised loans from sub-contractors’ staffA Works Supervisor of the Housing Department (HD) was charged by the ICAC today (March 21) for allegedly soliciting and accepting bribes and unauthorised loans totalling over $90,000 from six staff of three sub-contractors of a public housing construction site in Tai Po over works inspection. Also charged in the case were two sub-contractor staff who offered bribes and loans to the Works Supervisor.Wong To, 30, Works Supervisor I (Construction) of the HD, faces 15 charges – 10 of public servant accepting or soliciting an advantage, and five of prescribed officer accepting or soliciting an advantage.Lee Pang-kin, 30, former bar-bending works leader of Profit Smart Construction Engineering Limited (Profit Smart), and Lam Wai-kit, 38, works foreman of Wo Fat Construction Work Company Limited (Wo Fat), face two counts of offering an advantage to a public servant and three counts of offering an advantage to a prescribed officer respectively.The three defendants were released on ICAC bail, pending their appearance at the Shatin Magistrates’ Courts for plea on Thursday (March 23).Between January 2021 and April 2022, Wong, HD’s Works Supervisor, was posted to a construction site for building eight blocks of public housing in Tai Po. He was responsible for monitoring the quality and progress of the construction works of one of the blocks. He could request workers of the contractor and sub-contractors to rectify any substandard works, and was required to submit the relevant inspection forms to the HD.Profit Smart was the bar-bending sub-contractor of the abovementioned block in the construction site. Its bar-bending works leader, Lee, was under the supervision of Wong. Wong allegedly solicited and accepted two bribes totalling $2,500 offered by Lee for showing favour to Lee during the inspection of the works performed by Profit Smart. Wong also allegedly solicited six bribes totalling $44,300 from Lee and two other bar-benders of Profit Smart for the same purpose, but the solicitations were rejected by the trio.Wo Fat was another sub-contractor of the construction site responsible for excavation works. Wong allegedly solicited and accepted from Lam, Wo Fat’s works foreman, three loans totalling $25,500 without the permission of the Chief Executive (CE). Meanwhile, Lam allegedly offered the three loans to Wong while having dealings with the HD.In addition, Wong was alleged to have solicited two bribes totalling $6,000 from a cement sand mortar works foreman of a third sub-contractor for showing favour to the latter during the inspection of the works performed by the sub-contractor. It is further alleged that Wong solicited a loan of $3,000 and accepted a loan of $10,000 from an iron works worker of the sub-contractor who had worked in the construction site without the permission of the CE.The ICAC investigation arose from a corruption complaint referred by the HD. Enquiries revealed that at the material time, Wong had submitted to the HD over 220 inspection forms in relation to Profit Smart’s bar-bending works and over 160 inspection forms concerning the third sub-contractor’s cement sand mortar works.It was also revealed that Wong had never sought the permission for soliciting and accepting loans pursuant to the relevant government regulation, the Acceptance of Advantages (CE’s Permission) Notice, when he borrowed money from the sub-contractor staff concerned.The HD and the three sub-contractors concerned have rendered full assistance to the ICAC during its investigation into the case.The ICAC reminds civil servants who are responsible for supervising contractors of the Government to perform their supervisory functions dutifully to ensure that the contractual requirements are met in order to safeguard the public interest. Civil servants should never abuse their official capacity to solicit or accept advantages. 20
Mar 2023Ex-employee of publishing firm charged by ICAC with $380,000 payments fraud revealed in graft probeIn the course of a corruption investigation by the ICAC, it was revealed that a former employee of a publishing firm had deceived the firm into making 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 former employee was charged by the Commission with fraud and offences under the anti-bribery law last Friday (March 17).Hung Cheung-wai, 48, former employee of Chinese Baptist Press (International) Limited (CBP), faces eight charges – four of fraud, contrary to Section 16A of the Theft Ordinance; and 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.The defendant was released on ICAC bail. He would appear in the Eastern Magistrates’ Courts tomorrow (March 21) for mention, pending the prosecution’s application for transferring the case to the District Court.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 involving payments totalling about $340,000 in relation to 78 republished books which were issued to CBP by four contractors.It is alleged that the defendant falsely represented to CBP that the four contractors had completed the editing, typesetting, proofreading and design works of books to induce CBP to pay for those works.The defendant also allegedly 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.It is also alleged that the defendant used two sets of false invoices to mislead CBP that one of the contractors had conducted relocation works for CBP on two occasions and was entitled to service fees totalling $11,000.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 has rendered full assistance to the ICAC during its investigation into the case. 16
Mar 2023Ex-site team leader charged by ICAC guilty of soliciting and accepting bribes from public hospital expansion project workersA former site team leader of a subcontractor of an expansion project of the United Christian Hospital, charged by the ICAC, was today (March 16) convicted at the Eastern Magistrates’ Courts of soliciting and accepting illegal rebates totalling over $14,000 from three carpenters and bar benders for securing their employment with the subcontractor and being favourably disposed to them at work.Tsoi Wai-tung, 45, former site team leader of Star Power Engineering Limited (Star Power), was found guilty of two counts of conspiracy for an agent to accept advantages and one count of agent soliciting an advantage, contrary to sections 9(1)(a) and 9(1)(b) of the Prevention of Bribery Ordinance and section 159A of the Crimes Ordinance.Magistrate Mr Lam Tsz-kan adjourned the case to March 29 for sentence, pending the defendant’s background report. The defendant was remanded in the custody of the Correctional Services Department.The offences took place between January and May 2021. At the material time, Star Power was a subcontractor for carpentry and bar bending works of the expansion project of the United Christian Hospital and the defendant was a then site team leader of Star Power. During the period, he referred a number of workers to work at the construction site under his supervision at a daily wage ranging from about $1,300 to $1,400.The court heard that the defendant requested three of the workers to pay him illegal rebates of $100 or $200 per working day for securing and continuing their employment with Star Power. One of the workers, who rejected to pay any illegal rebate to the defendant, was assigned to take up difficult tasks. The worker resigned four days later.The remaining two workers acceded to the defendant’s requests to secure their jobs. The defendant subsequently accepted illegal rebates of $5,600 and $8,600 respectively, totalling over $14,000, from the duo. One of them was terminated by the defendant after he asked the defendant to lower the amount of the illegal rebate.An ICAC spokesperson urges construction workers not to tolerate corruption. Should they be asked to pay illegal rebates in exchange for their employment, they should report to the ICAC immediately. Report corruption hotline: 25 266 366.In order to strengthen the corruption prevention capabilities of the construction industry and to tackle possible illegal conducts in recruitment, the ICAC has produced the “Corruption Prevention Checklist on Recruitment of Construction Workers”. The construction industry and its frontline workers could also refer to the dedicated webpage tailor-made for the industry.Star Power had rendered full assistance to the ICAC during its investigation into the case.The prosecution was today represented by prosecuting counsel Mark Wei, assisted by ICAC officer Edison Lieh.