Recent ICAC Cases


30
May 2024
Ex-bank manager charged by ICAC jailed for 18 months for bribery over account openingA then manager of a bank, charged by the ICAC, was today (May 30) sentenced to 18 months’ imprisonment at the District Court for accepting bribes from various intermediary company representatives to assist non-domestic clients to open personal and corporate accounts with the bank, and using copies of false instruments to falsely represent that the clients were in Hong Kong when they made account opening applications.Lai Chee-wai, 40, then senior relationship manager of The Bank of East Asia, Limited (BEA), earlier pleaded guilty to seven charges – six of conspiracy for an agent to accept advantages, contrary to Section 9(1)(a) of the Prevention of Bribery Ordinance and Section 159A of the Crimes Ordinance; and one of conspiracy to use copies of false instruments, contrary to Sections 74 and 159A of the Crimes Ordinance.In sentencing, Deputy Judge Ms Katherine Lo Kit-yee said the defendant breached the trust placed in him as a bank officer. The complicated plot carried out by the defendant had undermined the stringent account opening policy of the bank. He was more culpable than other co-defendants and deserved a deterrent jail sentence.The offences took place between December 2018 and March 2021. At the material time, Lai was a senior relationship manager of BEA posted to its Admiralty Branch. His duties included opening accounts for clients. Hongkong Hechuang Business Secretary Limited (HKHBS) and Hong Kong Chiying Consulting Co., Limited (HKCC) were intermediary companies proving secretarial services to clients. Chen Baicai was a business consultant of HKHBS while Ke Yingying was an operator of HKCC.The court heard that in late 2019, Chen told Lai that he could refer clients to BEA for opening accounts and would reward Lai $3,000 to $4,000 for his assistance in each successful application. Lai agreed to Chen’s proposal.Chen then sought Lai’s assistance in opening a corporate account for a client and Lai received a reward of $12,000. Afterwards, Chen further asked Lai to open personal accounts for his clients. Lai would accept a reward from $10,000 to $15,000 in return for each successful application.Lai also met with three other operators or representatives of intermediary companies respectively, and agreed to assist clients referred by the trio in opening accounts at BEA. Lai then received a reward from $2,000 to $10,000 for each successful application, involving bribes totalling over $290,000.As BEA required corporate account applicants to attend its branches in person for due diligence purpose, Lai and Ke conspired together to submit to BEA eight copies of false landing slips purportedly issued by the Immigration Department to falsely represent that eight applicants were in Hong Kong when the applications were made. ICAC inquiries revealed that those applicants had not visited Hong Kong at the material time.Chen and Ke were also charged by the ICAC for their roles in the scam. On December 14, 2022, Chen and Ke respectively received a jail term of 12 months and four months after pleading guilty at the District Court to a total of six charges of bribery and using copies of false instruments.BEA had rendered full assistance to the ICAC during its investigation into the case.The prosecution was today represented by Acting Senior Public Prosecutor Jason Lau, assisted by ICAC officer Ken Choi.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.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. They should report to the ICAC immediately should they come across any suspicion of corruption in the organisations. ICAC 24-hour Report Corruption Hotline: 25 266 366.
21
May 2024
Ex-bank employee and intermediary charged by ICAC jailed for bribery for expediting account openingA former bank employee and an intermediary, charged by the ICAC, were today (May 21) sentenced to jail terms of six weeks and three weeks respectively at the Eastern Magistrates’ Courts for soliciting and accepting bribes totalling $13,000 to expedite the process of opening personal bank accounts for six clients.Law Tsz-hin, 31, former business sales executive of China Construction Bank (Asia) Corporation Limited (CCB (Asia)), received a jail term of six weeks; while Hu Yi, 39, sole director of Gangchen International Business Consulting (Shenzhen) Company Limited (Gangchen), was jailed for three weeks.Law earlier pleaded guilty to four charges – one of agent soliciting an advantage; two of agent accepting an advantage and one of conspiracy for an agent to accept advantages, contrary to section 9(1)(a) of the Prevention of Bribery Ordinance and section 159A of the Crimes Ordinance. Hu pleaded guilty to one count of conspiracy for an agent to accept advantages.In sentencing, Principal Magistrate Miss Ivy Chui Yee-mei remarked that the court had taken into account the defendants’ guilty plea, remorse and various mitigating factors.At the material time, Law was a business sales executive of the Central Branch of CCB (Asia). He was responsible for opening personal bank accounts and answering enquiries from clients. Gangchen was an intermediary company providing commercial secretarial and bank account opening services.The court heard that between late April and mid-May 2023, Law solicited a bribe of $5,000 from a client and accepted bribes totalling $5,000 from two other clients for expediting the trio’s account opening process.During the period, Law also solicited bribes totalling $3,000 from Hu for expediting the account opening process of three clients referred by the latter but he eventually accepted bribes totalling $2,000.CCB (Asia) had rendered full assistance to the ICAC during its investigation into the case.The prosecution was today represented by ICAC officer Gary Chan.
07
May 2024
Trading 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 2023
Security 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 2022
Two 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”

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