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Ethical Decision MakingRecent ICAC Cases
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Oct 2024Trio charged by ICAC with bribery and fraud over referral of bank clients’ mortgage loan applicationsThe ICAC had charged two former employees of two banks and a mortgage loan referral agent in the past two days (October 15 and 16) for alleged bribery and fraud in relation to referral of loan applications of clients without the banks’ permission and swindling referral fees by making false representations to the banks. The bribe money and agent referral fees involved totally over $34,000.Amy Chow Bik-sum, 48, former assistant customer service manager of OCBC Bank (Hong Kong) Limited (formerly known as OCBC Wing Hang Bank Limited) (OCBC); Yip Man-yee, 46, sole proprietor of The Capital Property (TCP); and Mak Miu-ling, 55, former deputy manager of Industrial and Commercial Bank of China (Asia) Limited (ICBC (Asia)), jointly face one count of fraud, contrary to section 16A of the Theft Ordinance. Chow and Yip further face one count of conspiracy for an agent to accept an advantage, contrary to section 9(1)(a) of the Prevention of Bribery Ordinance and section 159A of the Crimes Ordinance.The trio were released on ICAC bail, pending their appearance at the Kowloon City Magistrates’ Courts tomorrow (October 18) for plea.OCBC and ICBC (Asia) would release agency referral fees to the banks’ appointed mortgage intermediaries for successful residential mortgage applications, but the banks would not release commissions or agency referral fees to their staff who handled such applications.Cybernetics Property Mortgage Limited (CPM) was an appointed mortgage intermediary of ICBC (Asia). CPM would release 95% of the agency referral fee received from ICBC (Asia) as a broker fee to their agents for each successful mortgage application procured.At the material time, Chow was an assistant customer service manager of OCBC posted to its Tsim Sha Tsui branch, while Mak was a deputy manager of ICBC (Asia) posted to its Ho Man Tin branch. Among their duties, both Chow and Mak were responsible for handling residential mortgage applications. Yip was the sole proprietor of TCP, a lending referral agency, which was CPM’s agent in mortgage referral business and was entitled to receive a broker fee from CPM for each successful mortgage application referred to a bank.Between August 2019 and March 2021, Chow allegedly referred two OCBC clients to Mak and Yip respectively for arranging the clients to apply to ICBC (Asia) for mortgage loans.It is alleged that between September 2019 and March 2020, the trio falsely represented to ICBC (Asia) that the mortgage loan application of the aforesaid first client was referred by CPM, and deceived ICBC (Asia) into paying a mortgage loan referral fee of $18,000 to CPM.It is also alleged that between January and August 2021, Chow accepted a bribe of over $16,000 from Yip for referring the aforesaid second client’s mortgage loan application to TCP.The ICAC investigation arose from a corruption complaint. Enquiries revealed that Chow, without obtaining a permission from OCBC, had allegedly referred the two clients to Mak and Yip respectively for arranging the clients to file mortgage loan applications with ICBC (Asia). Due to the aforesaid scam, TCP received two broker fees of about $17,000 and about $32,000 respectively from CPM. The ICAC probe also revealed that the aforesaid first client had never entrusted CPM and TCP to file his mortgage loan application with ICBC (Asia). Since both ICBC (Asia) and CPM had no knowledge of the relevant actual situation, they had eventually released the agent referral fee and broker fee to CPM and TCP separately.OCBC did not allow its employees to refer mortgage loan applications of the bank’s clients to other individuals or institutions, and the bank also prohibited its employees from soliciting or accepting advantages from others in relation to OCBC’s business.OCBC, ICAC (Asia) and CPM have rendered full assistance to the ICAC during its investigation into the case. 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”
Oct 2024Trio charged by ICAC with bribery and fraud over referral of bank clients’ mortgage loan applicationsThe ICAC had charged two former employees of two banks and a mortgage loan referral agent in the past two days (October 15 and 16) for alleged bribery and fraud in relation to referral of loan applications of clients without the banks’ permission and swindling referral fees by making false representations to the banks. The bribe money and agent referral fees involved totally over $34,000.Amy Chow Bik-sum, 48, former assistant customer service manager of OCBC Bank (Hong Kong) Limited (formerly known as OCBC Wing Hang Bank Limited) (OCBC); Yip Man-yee, 46, sole proprietor of The Capital Property (TCP); and Mak Miu-ling, 55, former deputy manager of Industrial and Commercial Bank of China (Asia) Limited (ICBC (Asia)), jointly face one count of fraud, contrary to section 16A of the Theft Ordinance. Chow and Yip further face one count of conspiracy for an agent to accept an advantage, contrary to section 9(1)(a) of the Prevention of Bribery Ordinance and section 159A of the Crimes Ordinance.The trio were released on ICAC bail, pending their appearance at the Kowloon City Magistrates’ Courts tomorrow (October 18) for plea.OCBC and ICBC (Asia) would release agency referral fees to the banks’ appointed mortgage intermediaries for successful residential mortgage applications, but the banks would not release commissions or agency referral fees to their staff who handled such applications.Cybernetics Property Mortgage Limited (CPM) was an appointed mortgage intermediary of ICBC (Asia). CPM would release 95% of the agency referral fee received from ICBC (Asia) as a broker fee to their agents for each successful mortgage application procured.At the material time, Chow was an assistant customer service manager of OCBC posted to its Tsim Sha Tsui branch, while Mak was a deputy manager of ICBC (Asia) posted to its Ho Man Tin branch. Among their duties, both Chow and Mak were responsible for handling residential mortgage applications. Yip was the sole proprietor of TCP, a lending referral agency, which was CPM’s agent in mortgage referral business and was entitled to receive a broker fee from CPM for each successful mortgage application referred to a bank.Between August 2019 and March 2021, Chow allegedly referred two OCBC clients to Mak and Yip respectively for arranging the clients to apply to ICBC (Asia) for mortgage loans.It is alleged that between September 2019 and March 2020, the trio falsely represented to ICBC (Asia) that the mortgage loan application of the aforesaid first client was referred by CPM, and deceived ICBC (Asia) into paying a mortgage loan referral fee of $18,000 to CPM.It is also alleged that between January and August 2021, Chow accepted a bribe of over $16,000 from Yip for referring the aforesaid second client’s mortgage loan application to TCP.The ICAC investigation arose from a corruption complaint. Enquiries revealed that Chow, without obtaining a permission from OCBC, had allegedly referred the two clients to Mak and Yip respectively for arranging the clients to file mortgage loan applications with ICBC (Asia). Due to the aforesaid scam, TCP received two broker fees of about $17,000 and about $32,000 respectively from CPM. The ICAC probe also revealed that the aforesaid first client had never entrusted CPM and TCP to file his mortgage loan application with ICBC (Asia). Since both ICBC (Asia) and CPM had no knowledge of the relevant actual situation, they had eventually released the agent referral fee and broker fee to CPM and TCP separately.OCBC did not allow its employees to refer mortgage loan applications of the bank’s clients to other individuals or institutions, and the bank also prohibited its employees from soliciting or accepting advantages from others in relation to OCBC’s business.OCBC, ICAC (Asia) and CPM have rendered full assistance to the ICAC during its investigation into the case. 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”