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Ethical Decision MakingRecent ICAC Cases
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Sep 2024Woman charged by ICAC gets four weeks’ jail for offering RMB 2000 bribe to bank staff for reactivating accountA woman charged by the ICAC was today (September 20) sentenced to four weeks’ imprisonment at the West Kowloon Magistrates’ Courts after admitting that she had offered a bribe of RMB 2,000 to a bank employee for assistance in reactivating her company’s bank account.Li Rong, 38, director and shareholder of Zhong Sheng Technology (Hongkong) Co. Limited (Zhong Sheng Technology), 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.In sentencing, Principal Magistrate Miss Ivy Chui Yee-mei remarked that bribery was a serious offence which warranted an immediate custodial sentence to serve as a deterrent and convey a proper message to the public. The principal magistrate took a starting point of six months’ imprisonment and reduced the jail term by one-third having considered the defendant’s guilty plea.The court heard that in 2013, the defendant opened a Business Integrated Account for Zhong Sheng Technology which she owned at the Hongkong and Shanghai Banking Corporation Limited (HSBC). As there were no transactions in the account for over 10 consecutive months since 2015, the account was turned “dormant” in HSBC’s system.In July 2019, the defendant, through phone enquiry, learnt that the bank account was in “dormant” status. She then visited HSBC’s Business Centre in Tsim Sha Tsui to reactivate the account. Since the defendant could not provide the required company documents, the procedures could not be completed on the same day. The defendant left the bank after exchanging contact information with the bank staff concerned, and later left Hong Kong.The court heard that on August 5, 2019, the defendant, through a communication application, offered a bribe of RMB 2,000 to the aforesaid bank staff for assisting in the procedures to reactivate the account of Zhong Sheng Technology. The bank staff did not accept the offer and immediately reported the matter to her supervisor.The defendant was arrested in August 2024 when she came to Hong Kong again, and was charged by the ICAC on September 2, 2024.HSBC rendered full assistance to the ICAC during its investigation into the case.The prosecution was today represented by ICAC officer Benny Chang.The ICAC reminds members of the public that bribery is a serious crime which they should avoid committing. The maximum penalty on conviction of the offence is a seven-year imprisonment and a fine of $500,000. Should anyone come across any suspicion of corruption, he or she should immediately report to the ICAC’s 24-hour Report Corruption Hotline 25 266 366. The ICAC collaborates closely with the banking industry and would take swift enforcement actions to uphold the public and stakeholders’ trust in Hong Kong’s banking system. The Community Relations Department has also produced a new educational video on bank account opening, which is being broadcast on different media platforms to remind members of the public not to breach the law. 19
Sep 2024Three years and eight months’ jail for ex-clerk of stationery company charged by ICAC over $7.2m fraud in reselling raw materials with false quotations for personal gainA former staff of a stationery company, charged by the ICAC earlier, was today (September 19) sentenced at the District Court to three years and eight months’ imprisonment for fraud by falsifying quotations, secretly purchasing plastic pellets at lower prices and reselling them to the stationery company at $7.2 million and pocketed inflated amounts totalling about $1.7 million. The offence was revealed in the course of a corruption investigation.Au Yeung Yin-tung, 40, former shipping clerk of Creative Wealth International Limited (Creative Wealth), was earlier convicted with one count of fraud, contrary to section 16A(1) of the Theft Ordinance.In sentencing, Deputy Judge Ms Veronica Heung Shuk-han reprimanded the defendant for breaching the trust her employer placed on her and showing no remorse. The judge added that the crime lasted about two and a half years, hence warranted a custodial sentence.At the material time, the defendant was a shipping clerk of Creative Wealth, a stationery manufacturer and supplier. She was assigned to procure raw materials, including plastics pellets, for a factory of Creative Wealth. For each purchase, the defendant was required to obtain quotations from various suppliers and make recommendation on the supplier to be selected.The court heard that on various occasions between December 2015 and May 2018, the defendant falsely represented to Creative Wealth that the prices of plastic pellets offered by Golden Dragon Consultants Limited (Golden Dragon) were the lowest amongst suppliers. During the period, upon her recommendation, Creative Wealth placed a total of 34 purchase orders with Golden Dragon for plastics pellets at over $7.2 million.ICAC investigation revealed that some of the suppliers had never provided any quotation to the defendant. In fact, the defendant had purchased the plastic pellets concerned from other suppliers at lower prices, inflated the prices by about $1.7 million in total and sold them to Creative Wealth through Golden Dragon.ICAC investigation revealed that Golden Dragon was in fact owned by the defendant’s husband. Some of the payments were eventually transferred from the bank account of Golden Dragon to the defendant’s bank accounts. However, the defendant had never declared to Creative Wealth her relationship with Golden Dragon.Creative Wealth had rendered full assistance to the ICAC during its investigation into the case.The prosecution was today represented by Public Prosecutor Katie Fong, assisted by ICAC officer Ann Sin. 07
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. 09
Feb 2023Security supervisor jailed for soliciting bribes from subordinateA security supervisor, charged by the ICAC, was today (February 7) sentenced to five months’ imprisonment at the Shatin Magistrates’ Courts for soliciting bribes of over $10,000 from a subordinate security guard for assisting the latter to get promoted to assistant security supervisor.Luk Pui-suet, 54, supervisor of Hong Kong Guards Limited (HKGL), was earlier found guilty of two counts of agent soliciting an advantage, contrary to Section 9(1)(a) of the Prevention of Bribery Ordinance (POBO).In sentencing, Magistrate Mr Pang Leung-ting reprimanded Luk for showing no remorse. The offences involved were serious in nature since Luk solicited advantages from a subordinate in her capacity as a direct supervisor so as to exert influence over the subordinate’s promotion. The magistrate took a starting point of six months’ imprisonment and reduced Luk’s jail term by one month after taking into account various mitigating factors.The court heard that at the material time, Luk was an assistant supervisor of HKGL posted to Shui Chuen O Estate, a public housing estate in Shatin. She was one of the three assistant supervisors of the estate responsible for assisting to manage about 40 security guards.In November 2020, one of the security guards Tang Kam-ngau asked Luk about his chance of promotion. Tang believed that Luk would succeed the then supervisor after the latter’s retirement in mid-December 2020, leading to an assistant supervisor vacant post.Afterwards, Luk told Tang on two occasions that she would assume the post of supervisor and solicited two bribes, one of $5,000 to $8,000 and another of at least $5,000, from Tang for assisting him to get promoted to assistant supervisor.Tang gave Luk a red packet containing $2,000 cash, but Luk did not accept the red packet as the amount did not meet $5,000.HKGL prohibited its staff members from soliciting and accepting advantages in relation to their official duties. HKGL had rendered full assistance to the ICAC during its investigation into the case.Tang Kam-ngau, the security guard concerned, was earlier charged by the ICAC with bribery in a separate case. He pleaded guilty to three counts of offering an advantage to an agent and sentencing was adjourned to this Friday (February 10).The prosecution was today represented by Senior Public Prosecutor Rosa Lo, assisted by ICAC officer Jeff Ng. 08
Aug 2022Two ex-insurance agents charged by ICAC sentenced for $700,000 commission and compensation fraudTwo former insurance agents, charged by the ICAC, were respectively sentenced to 18 months’ jail and 160 hours of community service at the District Court today (August 5) for deceiving an insurer into releasing commissions and compensation totalling about $700,000 by making false representations on the occupations and incomes of nine insurance policy applicants, and falsely representing that they were injured after the insurance policies were successfully taken out.Leung King-kei 36, former insurance agent of AIA International Limited (AIA), was sentenced to 18 months’ imprisonment. He earlier pleaded guilty to five counts of fraud, contrary to Section 16A of the Theft Ordinance; and four counts of conspiracy to defraud, contrary to Common Law.Co-defendant Yu Shing-yin, 36, former insurance agent of AIA, who earlier pleaded guilty to one count of conspiracy to defraud jointly charged with Leung, was today ordered to perform 160 hours of community service.Judge Mr Gary Lam Kar-yan reprimanded the defendants for their breach of trust. In sentencing Leung, the judge said he took a starting point of 30 months’ imprisonment and reduced the jail term to 18 months having considered Leung’s guilty plea and repayment to his former employer. A community service order was imposed on Yu in view of the relatively minor role he played in the scam.The court heard that AIA provided different insurance products to its clients. When processing an application for taking out an insurance policy, AIA would consider the client’s occupation, annual income and medical history, etc.The offences took place between July 2016 and July 2018. At the material time, Leung was an insurance agent of AIA. After being promoted to unit manager in December 2017, he was entitled to receive overriding commissions. Yu was Leung’s down-line insurance agent.The court heard that Leung had alone or conspired together with Yu, another down-line insurance agent and four policyholders to defraud AIA by making false representations on the occupations of the policyholders and monthly incomes of nine policyholders in nine insurance policy applications.AIA approved the nine insurance policy applications and paid commissions totalling about $95,000 to Leung and his down-line insurance agents.ICAC investigation revealed that false representations were made on the policyholders’ injuries in the relevant insurance claims, causing AIA to release insurance compensations totalling about $600,000 to the policyholders.The investigation arose from a corruption complaint filed with the ICAC. Upon completion of the investigation, the ICAC sought legal advice from the Department of Justice, which advised charging Leung and Yu. Some of the above policyholders and down-line insurance agents were earlier charged by the ICAC in separate cases and pleaded guilty to their respective charges. Their cases are adjourned to mid-August for sentence.AIA had rendered full assistance to the ICAC during its investigation.The prosecution was today represented by Public Prosecutor Caddy Mo, assisted by ICAC officer Keaton Ma.The ICAC will continue to join hands with the industry to promote integrity and anti-corruption messages to insurers and insurance practitioners. In collaboration with the industry, the Commission had produced a guidebook which assisted insurers to strengthen their corruption prevention capabilities in key operational areas such as verification of commissions and claims.ICAC’s dedicated webpage tailor-made for the insurance industry“Corruption Prevention Guide for Insurance Companies”
Sep 2024Woman charged by ICAC gets four weeks’ jail for offering RMB 2000 bribe to bank staff for reactivating accountA woman charged by the ICAC was today (September 20) sentenced to four weeks’ imprisonment at the West Kowloon Magistrates’ Courts after admitting that she had offered a bribe of RMB 2,000 to a bank employee for assistance in reactivating her company’s bank account.Li Rong, 38, director and shareholder of Zhong Sheng Technology (Hongkong) Co. Limited (Zhong Sheng Technology), 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.In sentencing, Principal Magistrate Miss Ivy Chui Yee-mei remarked that bribery was a serious offence which warranted an immediate custodial sentence to serve as a deterrent and convey a proper message to the public. The principal magistrate took a starting point of six months’ imprisonment and reduced the jail term by one-third having considered the defendant’s guilty plea.The court heard that in 2013, the defendant opened a Business Integrated Account for Zhong Sheng Technology which she owned at the Hongkong and Shanghai Banking Corporation Limited (HSBC). As there were no transactions in the account for over 10 consecutive months since 2015, the account was turned “dormant” in HSBC’s system.In July 2019, the defendant, through phone enquiry, learnt that the bank account was in “dormant” status. She then visited HSBC’s Business Centre in Tsim Sha Tsui to reactivate the account. Since the defendant could not provide the required company documents, the procedures could not be completed on the same day. The defendant left the bank after exchanging contact information with the bank staff concerned, and later left Hong Kong.The court heard that on August 5, 2019, the defendant, through a communication application, offered a bribe of RMB 2,000 to the aforesaid bank staff for assisting in the procedures to reactivate the account of Zhong Sheng Technology. The bank staff did not accept the offer and immediately reported the matter to her supervisor.The defendant was arrested in August 2024 when she came to Hong Kong again, and was charged by the ICAC on September 2, 2024.HSBC rendered full assistance to the ICAC during its investigation into the case.The prosecution was today represented by ICAC officer Benny Chang.The ICAC reminds members of the public that bribery is a serious crime which they should avoid committing. The maximum penalty on conviction of the offence is a seven-year imprisonment and a fine of $500,000. Should anyone come across any suspicion of corruption, he or she should immediately report to the ICAC’s 24-hour Report Corruption Hotline 25 266 366. The ICAC collaborates closely with the banking industry and would take swift enforcement actions to uphold the public and stakeholders’ trust in Hong Kong’s banking system. The Community Relations Department has also produced a new educational video on bank account opening, which is being broadcast on different media platforms to remind members of the public not to breach the law. 19
Sep 2024Three years and eight months’ jail for ex-clerk of stationery company charged by ICAC over $7.2m fraud in reselling raw materials with false quotations for personal gainA former staff of a stationery company, charged by the ICAC earlier, was today (September 19) sentenced at the District Court to three years and eight months’ imprisonment for fraud by falsifying quotations, secretly purchasing plastic pellets at lower prices and reselling them to the stationery company at $7.2 million and pocketed inflated amounts totalling about $1.7 million. The offence was revealed in the course of a corruption investigation.Au Yeung Yin-tung, 40, former shipping clerk of Creative Wealth International Limited (Creative Wealth), was earlier convicted with one count of fraud, contrary to section 16A(1) of the Theft Ordinance.In sentencing, Deputy Judge Ms Veronica Heung Shuk-han reprimanded the defendant for breaching the trust her employer placed on her and showing no remorse. The judge added that the crime lasted about two and a half years, hence warranted a custodial sentence.At the material time, the defendant was a shipping clerk of Creative Wealth, a stationery manufacturer and supplier. She was assigned to procure raw materials, including plastics pellets, for a factory of Creative Wealth. For each purchase, the defendant was required to obtain quotations from various suppliers and make recommendation on the supplier to be selected.The court heard that on various occasions between December 2015 and May 2018, the defendant falsely represented to Creative Wealth that the prices of plastic pellets offered by Golden Dragon Consultants Limited (Golden Dragon) were the lowest amongst suppliers. During the period, upon her recommendation, Creative Wealth placed a total of 34 purchase orders with Golden Dragon for plastics pellets at over $7.2 million.ICAC investigation revealed that some of the suppliers had never provided any quotation to the defendant. In fact, the defendant had purchased the plastic pellets concerned from other suppliers at lower prices, inflated the prices by about $1.7 million in total and sold them to Creative Wealth through Golden Dragon.ICAC investigation revealed that Golden Dragon was in fact owned by the defendant’s husband. Some of the payments were eventually transferred from the bank account of Golden Dragon to the defendant’s bank accounts. However, the defendant had never declared to Creative Wealth her relationship with Golden Dragon.Creative Wealth had rendered full assistance to the ICAC during its investigation into the case.The prosecution was today represented by Public Prosecutor Katie Fong, assisted by ICAC officer Ann Sin. 07
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. 09
Feb 2023Security supervisor jailed for soliciting bribes from subordinateA security supervisor, charged by the ICAC, was today (February 7) sentenced to five months’ imprisonment at the Shatin Magistrates’ Courts for soliciting bribes of over $10,000 from a subordinate security guard for assisting the latter to get promoted to assistant security supervisor.Luk Pui-suet, 54, supervisor of Hong Kong Guards Limited (HKGL), was earlier found guilty of two counts of agent soliciting an advantage, contrary to Section 9(1)(a) of the Prevention of Bribery Ordinance (POBO).In sentencing, Magistrate Mr Pang Leung-ting reprimanded Luk for showing no remorse. The offences involved were serious in nature since Luk solicited advantages from a subordinate in her capacity as a direct supervisor so as to exert influence over the subordinate’s promotion. The magistrate took a starting point of six months’ imprisonment and reduced Luk’s jail term by one month after taking into account various mitigating factors.The court heard that at the material time, Luk was an assistant supervisor of HKGL posted to Shui Chuen O Estate, a public housing estate in Shatin. She was one of the three assistant supervisors of the estate responsible for assisting to manage about 40 security guards.In November 2020, one of the security guards Tang Kam-ngau asked Luk about his chance of promotion. Tang believed that Luk would succeed the then supervisor after the latter’s retirement in mid-December 2020, leading to an assistant supervisor vacant post.Afterwards, Luk told Tang on two occasions that she would assume the post of supervisor and solicited two bribes, one of $5,000 to $8,000 and another of at least $5,000, from Tang for assisting him to get promoted to assistant supervisor.Tang gave Luk a red packet containing $2,000 cash, but Luk did not accept the red packet as the amount did not meet $5,000.HKGL prohibited its staff members from soliciting and accepting advantages in relation to their official duties. HKGL had rendered full assistance to the ICAC during its investigation into the case.Tang Kam-ngau, the security guard concerned, was earlier charged by the ICAC with bribery in a separate case. He pleaded guilty to three counts of offering an advantage to an agent and sentencing was adjourned to this Friday (February 10).The prosecution was today represented by Senior Public Prosecutor Rosa Lo, assisted by ICAC officer Jeff Ng. 08
Aug 2022Two ex-insurance agents charged by ICAC sentenced for $700,000 commission and compensation fraudTwo former insurance agents, charged by the ICAC, were respectively sentenced to 18 months’ jail and 160 hours of community service at the District Court today (August 5) for deceiving an insurer into releasing commissions and compensation totalling about $700,000 by making false representations on the occupations and incomes of nine insurance policy applicants, and falsely representing that they were injured after the insurance policies were successfully taken out.Leung King-kei 36, former insurance agent of AIA International Limited (AIA), was sentenced to 18 months’ imprisonment. He earlier pleaded guilty to five counts of fraud, contrary to Section 16A of the Theft Ordinance; and four counts of conspiracy to defraud, contrary to Common Law.Co-defendant Yu Shing-yin, 36, former insurance agent of AIA, who earlier pleaded guilty to one count of conspiracy to defraud jointly charged with Leung, was today ordered to perform 160 hours of community service.Judge Mr Gary Lam Kar-yan reprimanded the defendants for their breach of trust. In sentencing Leung, the judge said he took a starting point of 30 months’ imprisonment and reduced the jail term to 18 months having considered Leung’s guilty plea and repayment to his former employer. A community service order was imposed on Yu in view of the relatively minor role he played in the scam.The court heard that AIA provided different insurance products to its clients. When processing an application for taking out an insurance policy, AIA would consider the client’s occupation, annual income and medical history, etc.The offences took place between July 2016 and July 2018. At the material time, Leung was an insurance agent of AIA. After being promoted to unit manager in December 2017, he was entitled to receive overriding commissions. Yu was Leung’s down-line insurance agent.The court heard that Leung had alone or conspired together with Yu, another down-line insurance agent and four policyholders to defraud AIA by making false representations on the occupations of the policyholders and monthly incomes of nine policyholders in nine insurance policy applications.AIA approved the nine insurance policy applications and paid commissions totalling about $95,000 to Leung and his down-line insurance agents.ICAC investigation revealed that false representations were made on the policyholders’ injuries in the relevant insurance claims, causing AIA to release insurance compensations totalling about $600,000 to the policyholders.The investigation arose from a corruption complaint filed with the ICAC. Upon completion of the investigation, the ICAC sought legal advice from the Department of Justice, which advised charging Leung and Yu. Some of the above policyholders and down-line insurance agents were earlier charged by the ICAC in separate cases and pleaded guilty to their respective charges. Their cases are adjourned to mid-August for sentence.AIA had rendered full assistance to the ICAC during its investigation.The prosecution was today represented by Public Prosecutor Caddy Mo, assisted by ICAC officer Keaton Ma.The ICAC will continue to join hands with the industry to promote integrity and anti-corruption messages to insurers and insurance practitioners. In collaboration with the industry, the Commission had produced a guidebook which assisted insurers to strengthen their corruption prevention capabilities in key operational areas such as verification of commissions and claims.ICAC’s dedicated webpage tailor-made for the insurance industry“Corruption Prevention Guide for Insurance Companies”