Recent ICAC Cases


18
Aug 2023
Three former bank staff charged by ICAC jailed for bribery for divulging customer dataThree former employees of a bank, charged by the ICAC, were today (August 18) sentenced to jail terms ranging from 10 to 45 months for bribery and dishonest access to computer for conspiring together to accept bribes of over $200,000 so as to divulge confidential information of over 680 customers in the bank computer system to others for touting personal loan business.Yip Fai, 43, former treasures relationship manager of DBS Bank (Hong Kong) Limited (DBS Bank), was sentenced to 45 months’ imprisonment. Wong Hiu-yan, 38, and Shek Yin-yui, 35, both former direct sales representatives of DBS Bank; were jailed for 10 months and 13 months respectively.The sentencing of co-defendant Charlie Cha Cheuk-wang, formerly known as Cha Yu and Cha Lik, 34, former direct sales manager of DBS Bank, was adjourned to September 11, pending his community service order report.In sentencing, Deputy District Judge Mr Daniel Tang Siu-hung reprimanded the four defendants for committing the offences premeditatedly in an organised manner. The offences constituted a breach of trust, undermined the reputation of the bank and eventually affected the public’s confidence in the banking system.Yip was earlier found guilty of 37 charges – seven of conspiracy for agent to accept advantages, contrary to section 9(1)(a) of the Prevention of Bribery Ordinance and section 159A of the Crimes Ordinance; and 30 of access computer with criminal or dishonest intent, contrary to section 161(1)(c) of the Crimes Ordinance. Wong, Shek and Cha were all convicted after trial for five of the bribery charges.The offences took place between November 2015 and December 2016. At the material time, Yip was a treasures relationship manager of DBS Bank posted to the North Point Branch. He was responsible for handling customers who held assets over $1 million in the bank. Cha was a direct sales manager of DBS Bank’s unsecured lending department. A team of direct sales representatives was under his supervision to promote personal loan business.DBS Bank maintained a computer system storing customers’ confidential information. Yip was granted access to the system while staff members promoting personal loan business did not have access right to it.The court heard that Yip individually made an agreement with five staff members promoting personal loan business, including the three co-defendants, for Yip to provide confidential customer information obtained from the bank computer system for four of them, including Wong and Shek, to tout personal loan business. Should the four persons successfully procure any loan for a customer, they were required to pay a certain percentage of the net loan amount to Yip as rewards.Yip also instructed Shek to divulge the information obtained by him from the bank computer system to two other persons for touting personal loan business. The duo were a financial intermediary and an employee of another bank. They were required to pay a certain percentage of the net loan amount to Shek and Yip for successfully procuring any loan.ICAC enquiries revealed that at the material time, Yip obtained confidential information of over 680 customers from the bank computer system and divulged the information to others for touting personal loan business. As a result, Yip and Shek accepted illegal commissions totalling over $200,000.DBS Bank did not allow its staff members to accept an advantage in relation to its affairs or business, or to communicate its confidential customer information to any unauthorised party for the purpose of promoting loans.DBS Bank had rendered full assistance to the ICAC during its investigation into the two cases.The prosecution was today represented by Acting Senior Public Prosecutor Douglas Lau and prosecuting counsel Scottie Yan, assisted by ICAC officer Emily Cheung.An ICAC spokesperson noted that the ICAC attaches great importance to the integrity standard of the banking industry. Bank staff are reminded to uphold a high standard of integrity and abide by the laws. To promote probity culture in the banking sector, an Ethics Promotion Programme for the Banking Industry was launched to help managerial and other ranks of bank staff understand common corruption loopholes. In addition, the ICAC had earlier organised a two-day Professional Anti-Corruption Training in Banking Management and launched the “Corruption Prevention Guide for Banks” to assist banks in managing corruption risks in core operations.
10
Aug 2023
Four charged by ICAC for concealing conflict of interest over telecom company’s fibre installation service ordersAn assistant manager of a telecommunications company and three others were charged by the ICAC yesterday (August 9) for allegedly concealing the assistant manager’s interest in a contractor to secure fibre installation service orders of the telecommunications company worth totalling $180,000.Chan Chun-kin, 43, assistant manager of Technical & Service Support Department of i-CABLE Communications Limited (i-CABLE); his girlfriend Fok Yuen-kei, 44; his personal friend Lo Lok-hei, 43, sole director cum shareholder of Lokkin Engineering Limited (Lokkin); and Chan Hau-leung, 35, technician of a contractor of i-CABLE, jointly face three counts of obtaining pecuniary advantage by deception, contrary to section 18(1) of the Theft Ordinance.The defendants were released on ICAC bail, pending their appearance at the West Kowloon Magistrates’ Courts tomorrow (August 11) for plea.At the material time, Chan Chun-kin was an assistant manager of Technical & Service Support Department of i-CABLE. He was responsible for monitoring and evaluating the service quality of contractors engaged by the department to conduct networking installation and maintenance works at customers’ premises and to make recommendation on the engagement of contractors.The policies of i-CABLE stipulated that all employees should avoid actual or potential conflict of interest and employees should declare their conflict of interest in writing to the management.The charges allege that between May and August 2022, the four defendants dishonestly obtained for Lokkin opportunities to earn remuneration in respect of three service orders regarding fibre installation at three residential estates by concealing from i-CABLE that Chan Chun-kin was the beneficial owner and operator of Lokkin.The ICAC investigation arose from a corruption investigation. Enquiries revealed that upon Chan Chun-kin’s recommendation, Lokkin was engaged by i-CABLE as a contractor for fibre installation works.ICAC enquiries revealed that Chan Chun-kin allegedly instructed his friend Lo to set up Lokkin in 2021 with a view to taking up networking installation and maintenance works of i-CABLE, and open bank accounts for Lokkin. Meanwhile, Chan Chun-kin’s girlfriend Fok assisted in arranging documents for Lokkin’s incorporation and opening of bank accounts.On the supplier registration form prepared by Chan Chun-kin and signed by Lo, it was declared that Lo was the sole director-cum-shareholder of Lokkin without disclosing Chan Chun-kin’s beneficial interest in the company.It is alleged that on Chan Chun-kin’s instruction, a technician of another contractor of i-CABLE Chan Hau-leung submitted to i-CABLE three quotations in the name of Lokkin. Lokkin was subsequently awarded the abovementioned three service orders of fibre installation worth totalling $180,000.i-CABLE has rendered full assistance to the ICAC during its investigation into the case.The ICAC encourages public and private organisations to establish clear guidelines and systems of declaration on conflict of interest. Staff should avoid conflict of interest and make declarations in strict adherence to internal guidelines. Concealing any conflict of interest in relation to one’s official duties to benefit himself or his associates may contravene the criminal law, such as the Prevention of Bribery Ordinance if offering or accepting of bribes is involved.
08
Aug 2023
Ex-manager of interior design firm charged by ICAC jailed for 48 months for $3.5m fraud and theftA former manager of an interior design and renovation company, charged by the ICAC, was today (August 8) sentenced to 48 months’ imprisonment at the District Court for fraud and theft involving a total of over $3.5 million. The offences were revealed in the course of a corruption investigation by the Commission.Amy Mak Man-yee, 45, former administration and account manager of Hei Design Limited (Hei Design), earlier pleaded guilty to a total of 18 charges – eight of fraud and 10 of theft, respectively contrary to section 16A and section 9 of the Theft Ordinance.In sentencing, Judge Ms Kathie Cheung Kit-yee reprimanded the defendant for her breach of trust, noting that the offences had lasted a long period and involved a considerable sum of money, warranting an immediate custodial sentence. The Judge took a starting point of 64 months’ imprisonment and reduced the jail term by one-fourth in view of the defendant’s guilty plea.Hei Design was an interior design and renovation company. At the material time, the defendant was responsible for the company’s daily accounting work, including preparing cheques for her employer to sign so as to arrange payments to its suppliers and contractors.The court heard that between April 2017 and April 2019, the defendant had falsely represented to her employer on eight occasions that 20 cheques prepared by her were payable to a furniture supplier and two decoration contractors of Hei Design.As a result, the defendant’s employer signed on the 20 cheques involving sums totalling about $1.8 million. ICAC investigation revealed that the cheques were subsequently deposited into the defendant’s own bank accounts or used to pay decoration and furniture purchase fees for her two companies.In addition, during the above period, the defendant had also stolen 10 sums of money totalling over $1.7 million from Hei Design by depositing 10 other cheques into her bank account. ICAC enquiries revealed that the defendant’s employer was the sole signatory of all bank accounts of the company, but the 10 cheques were not signed by him.Hei Design had rendered full assistance to the ICAC during its investigation into the case.The prosecution was today represented by prosecuting counsel Wong Hay-yiu, assisted by ICAC officer Andy Yip.
04
Aug 2023
Ex-property manager and wife charged by ICAC for stealing $530,000 minor works payments of public housing estateA then senior property manager of a property management company and his wife were today (August 4) brought to the Kowloon City Magistrates’ Courts after being charged by the ICAC with stealing minor works payments of a public housing estate totalling over $530,000. The offence was revealed in the course of a corruption investigation by the Commission.Lee Ho-yin, 44, former senior property manager of Easy Living Consultant Limited (Easy Living), and his wife Bianca Ho Sin-wan, 42, were yesterday (August 3) jointly charged with one count of theft, contrary to section 9 of the Theft Ordinance.No plea was taken today. Principal Magistrate Mr Don So Man-lung adjourned the case to November 3 for mention. The defendants were granted bail.At the material time, Easy Living provided property management services to Lower Wong Tai Sin (2) Estate, a public housing estate. Lee was a senior property manager of Easy Living posted to the estate in charge of the services provided there.Easy Living operated a bank account for settling maintenance works and recurring expenses for the estate. To withdraw funds less than $60,000 from the bank account, joint signatures of two authorised signatories of the company were required. Lee was one of the authorised signatories.It was alleged that between September 2019 and September 2021, Lee and Ho stole sums totalling over $530,000 from the bank account.ICAC enquires revealed that during the abovementioned period, Easy Living issued 14 cheques payable to two contractors to settle various minor works payments. The 14 cheques in the sum ranging from about $14,000 to $50,000 each were eventually deposited into the personal bank accounts of the couple.Easy Living had rendered full assistance to the ICAC during its investigation into the case.The prosecution was today represented by ICAC officer Patrick Yu.The ICAC makes efforts to promote integrity to property management companies and practitioners, such as launching a multi-year programme on professional ethics and Integrity, and producing educational materials to enhance practitioners’ awareness on corruption prevention. The Commission also provides tailor-made corruption prevention advice to property management companies so as to reduce risks of corruption and malpractices in their businesses. Property management companies could also refer to the toolkit on building financial management produced by the ICAC.
04
Aug 2023
Ex-clerk charged by ICAC jailed for accepting $400,000 bribes from money exchange duo over $120m remittanceA then clerk of a handbag manufacturer, charged by the ICAC, was today (August 4) sentenced to eight months’ imprisonment at the West Kowloon Magistrates’ Courts for accepting bribes totalling over $400,000 from two employees of a currency exchange company for causing the manufacturer to remit $120 million via the currency exchange company.Kung Hoi, 55, former clerk of Creaton Enterprises Limited (Creaton), earlier pleaded guilty to 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.In sentencing, Acting Principal Magistrate Miss Veronica Heung Shuk-han said she took a starting point of 12 months’ imprisonment and reduced the jail term of the defendant by one-third in view of his guilty plea. She also ordered the defendant to repay over $400,000, equivalent to the amount of bribes involved, as restitution to Creaton.The court heard that at the material time, the defendant was a clerk of Creaton, a handbag manufacturer. Among his duties was remitting funds to mainland bank accounts via currency exchange companies for Creaton’s business operation. Between May 2016 and August 2018, the defendant had conducted over 430 remittances involving a total of $120 million on behalf of Creaton through a branch of Hui’s Brothers Foreign Currency Exchange Company Limited (Hui’s Brothers).ICAC investigations revealed that remittances concerned were processed by a branch manager and a cashier of the above branch of Hui’s Brothers. The duo would arrange cash deposits, ranging from over $200 to over $20,000 each and totalling over $400,000, be made into the defendant’s bank account after handling a remittance for Creaton. The matter was revealed when Hui’s Brothers checked the books.Creaton did not allow its employees to accept advantages in relation to its business or affairs.Creaton and Hui’s Brothers had rendered full assistance to the ICAC during its investigation into the case. As the relevant corruption investigation is continuing, the ICAC does not rule out further law enforcement actions.The prosecution was today represented by ICAC officer Johnny Yiu.

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