Recent ICAC Cases


07
Sep 2023
Ex-flight attendants charged by ICAC jailed for accepting HK$90,000 bribes over staff travel benefitsThree former flight attendants of an airline company, charged by the ICAC, were today (September 7) sentenced to jail terms ranging from five to six months at the District Court for accepting bribes totalling about HK$90,000 for assisting others to enjoy staff benefits to purchase air tickets at concessionary rates.Lau Ching-man, 36, former flight purser of Cathay Pacific Airways Limited (Cathay Pacific), was sentenced to six months’ imprisonment. Lee Chung-fai, 28, and Wong Oi-ting, 33, both former flight attendants of Cathay Pacific, were both jailed for five months.Judge Mr Anthony Kwok Kai-on also ordered the three defendants to pay a total of around US$11,500 (about HK$90,000), equivalent to the amount of bribes involved, as restitution to Cathay Pacific.Lau earlier pleaded guilty to three counts of conspiracy for an agent to accept advantage, while Lee and Wong were each found guilty of one count of conspiracy for an agent to accept advantage, all contrary to section 9(1)(a) of the Prevention of Bribery Ordinance and section 159A of the Crimes Ordinance.The court heard that at the material time, Lau was a flight purser of Cathay Pacific, while Lee and Wong were its flight attendants. Under the “Companion Travel Scheme” (the Scheme), each employee of Cathay Pacific was allowed to nominate a partner, sibling, family member or friend to be a travelling companion who would be able to purchase air tickets of Cathay Pacific and its partner airlines at concessionary rates.In 2018, Lau started to discuss her travelling companion nomination with an overseas fashion designer she got to know online. She subsequently accepted bribes totalling at least US$1,500 (about HK$12,000) for nominating the fashion designer as her travelling companion. As a result, the fashion designer purchased 20 sectors of air tickets at concessionary rates, involving a price difference totalling at least about HK$330,000.Between late 2018 and early 2019, Lau and the fashion designer contacted again to discuss how to arrange Lau’s colleagues to nominate two friends of the fashion designer as their travelling companions. Lau then contacted Lee and Wong to discuss the nomination arrangements.Afterwards, Lau, Lee and Wong respectively accepted bribes of about US$1,500 (about HK$12,000), about US$5,000 (about HK$39,000) and about US$3,500 (about HK$27,000) for nominating the two friends of the fashion designer as Lee and Wong’s travelling companions. The two friends subsequently purchased 29 sectors of air tickets at concessionary rates, involving a price difference totalling at least about HK$530,000.Cathay Pacific prohibited its staff from receiving advantages for nominating others as their travelling companions. Had Cathay Pacific known that the three defendants received advantages in relation to their travelling companion nominations, it would not have approved the nominations and issued the concessionary flight tickets.Cathay Pacific had rendered full assistance to the ICAC during its investigation into the case.The prosecution was today represented by Senior Public Prosecutor Fergus Chau, assisted by ICAC officer Anthony Chan.
30
Aug 2023
Court orders to confiscate crime proceeds from plumbing subcontractor over wage fraud revealed in ICAC probeTwo third-tier subcontractors of the construction projects of the Hong Kong Children’s Hospital and a private residential estate were earlier jailed for 15 months and 27 months after ICAC’s corruption probe revealed that they had defrauded two second-tier subcontractors of wage payments by overstating daily wages of plumbers. The District Court today (August 30) ordered to confiscate crime proceeds of over $570,000 from one of the defendants.On July 27 this year, Sze Kin-chung, 50, pleaded guilty to three counts of fraud, contrary to section 16A of the Theft Ordinance; and one count of conspiracy to defraud, contrary to Common Law. He was sentenced to 27 months’ imprisonment and the relevant confiscation hearing was scheduled for today.Judge Mr Ernest Lin Kam-hung today approved the prosecution’s application and ordered to confiscate crime proceeds of over $570,000 from Sze, who is required to satisfy the confiscation order within six months, failing which he is to serve a term of 19 months in default.An ICAC spokesperson notes that the Commission has established a dedicated unit in 2010 to deal with restraint, disclosure and confiscation of criminal assets. The Asset Recovery Office of the Operations Department will continue to pursue confiscation of ill-gotten gains and apply for confiscation orders to deprive criminals of benefiting from crime connected with bribery and related offences.The offences took place between November 2016 and September 2018. At the material time, Kin Win Engineering Limited (Kin Win) and Onplus Plumbing Engineering Limited (Onplus) took part in two construction projects respectively involving the Hong Kong Children’s Hospital and a private residential estate in Ma On Shan as second-tier subcontractors. Kin Win and Onplus subcontracted the plumbing work of the two projects to two third-tier subcontractors – Sze and Chu Cheuk-wah.According to the subcontracting agreements, Sze and Chu were required to supply plumbers for the two projects and report the exact daily wages of the plumbers for wage calculation.The court heard that Sze alone or together with Chu employed four plumbers. Their daily wages stated in their contracts were either $1,400 or $1,500. It was however agreed between the two defendants and the plumbers that their respective daily wages only ranged from $750 to $1,100. In addition, the two defendants had asked the plumbers to return the wage difference to them after receiving their monthly wages from Kin Win and Onplus.The ICAC investigation arose from a corruption complaint. Enquiries revealed that wages of the four plumbers were overstated by over $660,000.Co-defendant, Chu, 59, was sentenced to 15 months’ imprisonment at the District Court on January 18 this year upon conviction of two counts of conspiracy to defraud after trial.The Hospital Authority, Kin Win and Onplus had rendered full assistance to the ICAC during its investigation into the case.The prosecution was today represented by Assistant Director of Public Prosecutions Betty Fu, assisted by ICAC officer Keith Kwok.
29
Aug 2023
Joint press release: SFC and ICAC conduct joint operation against suspected market manipulation syndicate and Restriction Notices issued by the SFC to six brokers to freeze client accountsThe Securities and Futures Commission (SFC) and the Independent Commission Against Corruption (ICAC) conducted a joint operation today involving two companies listed on The Stock Exchange of Hong Kong Limited on suspicion that their shares were being manipulated from December 2022 to August 2023 (Note 1).The SFC and the ICAC searched 14 premises suspected of links to the market manipulation case. In the joint operation, the ICAC also arrested one core member of the suspected syndicate under the Prevention of Bribery Ordinance.The investigation revealed that an extremely well-organised syndicate was suspected of orchestrating a scheme to ramp up the share prices of the two aforesaid listed companies, thus breaching relevant provisions of the Securities and Futures Ordinance (SFO). The SFC suspected that the ultimate purpose of the scheme was to inflate the market capitalisation of the two listed companies to facilitate their selection as constituents of major market indices and for the syndicate to make a profit by selling their shares of the listed companies to index tracking funds at inflated prices.To facilitate the operation of the scheme, the arrested core syndicate member was suspected to have bribed two senior executives of one of the two listed companies into disseminating false and misleading information about the company.In connection with the joint operation, the SFC has issued restriction notices to six brokers, prohibiting them from dealing with or processing assets held in eight trading accounts which are related to suspected market manipulation of the shares of one of the two listed companies (Note 2).The six brokerages are: Fulbright Securities Limited; Futu Securities International (Hong Kong) Limited; Grand China Securities Limited; Lee Go Securities Limited; Valuable Capital Limited; and Zinvest Global Limited.The SFC is not investigating the six brokers, and all of them have cooperated with the SFC’s investigation. The restriction notices do not affect their operations or their other clients.The SFC considers that the issue of the restriction notices is desirable in the interest of the investing public or in the public interest.The restriction notices prohibit the six brokers, without the SFC’s prior written consent, from disposing of or dealing with, or assisting, counselling or procuring another person to dispose of or deal with, any assets in any way in the trading accounts up to a certain amount, including: (i) entering into transactions in respect of any securities; (ii) processing any withdrawals or transfers of securities and/or cash on the instructions of any authorised person of the accounts or by any person acting on their behalf; (iii) disposing of or dealing with any securities and/or cash on the instructions of any authorised person of the accounts or by any person acting on their behalf; and/or (iv) assisting another person to dispose of any relevant property or deal with any relevant property in a specified manner. The brokers are also required to notify the SFC if they receive any of these instructions.No further comment will be made as investigations are ongoing.Notes:1. The joint operation was conducted under the arrangement of the Memorandum of Understanding signed between the SFC and the ICAC. Please see the websites of the SFC and the ICAC.2. The SFC issued the restriction notices pursuant to sections 204 and 205 of the SFO.
29
Aug 2023
Ex-district manager of insurer and downline trio charged by ICAC over $750,000 commissions fraudA former district manager of an insurer and three downline agents of different tiers were today (August 29) charged by the ICAC for allegedly conspiring together to defraud the insurer of commissions, overriding commissions and bonuses totalling over $750,000 by making false representations that the lowest tier agent had handled various insurance policy applications. The illegal activities were revealed in the course of a corruption investigation.Hui Ngai-hing, 59, former district manager of FTLife Insurance Company Limited (FTLife); Monica Wong Fung-yee, 64, and Yee Sheung-wai, 38, both former agency managers of FTLife; and Chau Ching-man, 31, former insurance agent of FTLife; jointly face one count of conspiracy to defraud, contrary to the Common Law.The four defendants were released on ICAC bail to appear at the Eastern Magistrates’ Courts on Thursday (August 31) for mention, pending the prosecution’s application for transferring the case to the District Court.At the material time, Hui was a district manager of insurer FTLife. Wong, Yee and Chau were her downline agents working in different tiers in descending order. When an insurance product was successfully sold by Chau, she and her upline managers, including Yee, Wong and Hui, would respectively receive commission and overriding commissions. They would also be entitled to bonuses when sales targets were achieved.It is alleged that between July and September 2020, the four defendants conspired together to defraud FTLife by dishonestly falsely representing that 32 insurance policy applications in which Chau was named as the handling agent were genuinely made by the relevant policyholders, causing FTLife to approve the applications and release wage payments, commissions and bonuses.The ICAC investigation arose from a corruption complaint. Investigation revealed that Chau was not in Hong Kong when the insurance policies were taken out. In addition, most of the policyholders had no knowledge of the insurance policies and they did not take them out. Those insurance policies eventually lapsed due to default payment of premiums.Had FTLife known that Chau was not the actual handling agent of the 32 applications or the applications contained false information, it would not have approved them and released the commissions, overriding commissions and bonuses totalling over $750,000 to the defendants.FTLife has rendered full assistance to the ICAC during its investigation into the case.The ICAC will continue to collaborate with the industry in providing integrity training to practitioners of the insurance industry and tips on managing staff integrity for managerial staff. For more information, please visit the Ethics Promotion Website for the Insurance Industry produced by the Hong Kong Business Ethics Development Centre.
22
Aug 2023
Ex-insurance agent jailed for $750,000 commission fraud revealed in ICAC graft probeA former insurance agent, charged by the ICAC, was today (August 22) sentenced to 30 weeks’ imprisonment at the Kowloon City Magistrates’ Courts for defrauding an insurer of commissions totalling about $750,000 by making false representations in five insurance policy applications about the occupations and monthly incomes of the applicants or the relevant handling agent. The illegal activities were revealed in the course of a corruption investigation.Chow Tsz-sin, former known as Zhou Chuqian, 30, former insurance agent of Sun Life Hong Kong Limited (Sun Life), was earlier found guilty of four counts of agent using document with intent to deceive her principal, contrary to section 9(3) of the Prevention of Bribery Ordinance, and one count of fraud, contrary to section 16A of the Theft Ordinance.In sentencing, Magistrate Mr Kestrel Lam Tsz-hong remarked that the defendant’s behaviour obviously constituted a breach of trust and it was the only option for the court to mete out a custodial sentence to the defendant.Upon the defendant’s application, the magistrate granted her bail pending her appeal.The court heard that Sun Life provided different insurance products to its clients. When processing an application for taking out an insurance policy, Sun Life would consider the client’s occupation and income, etc. At the material time, the defendant was an insurance agent of Sun Life. When an insurance product was sold, the defendant and her up-line manager would be entitled to a commission and an overriding commission respectively.The court heard that between August 2016 and July 2018, the defendant, with intent to mislead Sun Life, made false representations in four insurance policy applications about the occupations and monthly incomes of the applicants. She also falsely represented that she was the handling agent of another insurance policy.Believing the information stated on the application forms of the five insurance policies was genuine, Sun Life approved those insurance policy applications and paid commissions totalling about $750,000 to the defendant and her up-line manager.The ICAC investigation arose from a corruption complaint. Investigation revealed that the defendant had paid part of the premiums for the policies. The insurance policies concerned eventually lapsed after subsequent premiums were not paid.Sun Life had rendered full assistance to the ICAC during its investigation into the case.The prosecution was today represented by Acting Senior Public Prosecutor Douglas Lau, assisted by ICAC officers William Leung and Gary Lam.

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