Recent ICAC Cases


27
Jul 2023
Twenty-seven months in jail for plumbing subcontractor charged by ICAC over $660,000 wage fraudTwo third-tier subcontractors of the construction projects of the Hong Kong Children’s Hospital and a private residential estate in Ma On Shan were earlier charged by the ICAC as it was revealed in the course of a corruption probe that they had defrauded two second-tier subcontractors of wage payments by overstating daily wages of plumbers. One of the duo was earlier jailed upon conviction. Another defendant was today (July 27) sentenced to 27 months’ imprisonment following his guilty plea at the District Court.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. Four similar charges against him were left on file at the District Court.In sentencing, Judge Mr Ernest Lin Kam-hung reprimanded Sze for his fraudulent acts which had deprived workers of their hard-earned rewards. The court had to mete out a deterrent custodial sentence as Sze committed the offences in an organised and continuous manner for a long time. The four offences warranted a total of 50 months’ imprisonment. Having considered Sze’s guilty plea and mitigating factors, including his leg injury, his jail term was reduced to 27 months.The Judge also approved the prosecution’s application for a confiscation order and adjourned the relevant hearing to August 30.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 Senior Public Prosecutor Douglas Lau, assisted by ICAC officers Ruby Cheung and Cody Chung.
27
Jul 2023
Mortgage loan applicant charged by ICAC jailed for eight months over $3.8m fraudA mortgage loan applicant, charged by the ICAC, was today (July 27) sentenced to eight months’ imprisonment at the Eastern Magistrates’ Courts for having deceived a financial services company into granting her a mortgage loan of about $3.8 million by making false representations about her occupation and salary. The illegal activities were revealed in the course of a corruption investigation.Yeung Pui-hung, 54, property agent, was earlier found guilty of one count of fraud, contrary to section 16A (1) of the Theft Ordinance.In sentencing, Magistrate Miss Minnie Wat Lai-man said the defendant was remorseless. She took a starting point of nine months’ imprisonment and reduced the jail term by one month, having considered the defendant’s full repayment of the mortgage loan concerned.The court heard that in August 2018, the defendant submitted an application for mortgage loan of about $3.8 million with OCBC Wing Hang Credit Limited (Wing Hang Credit) through a financial intermediary. She falsely represented to Wing Hang Credit that she had been employed by a logistics company as a full-time logistics manager for over one year with a monthly salary of $120,000, and provided the relevant employment proof and bank account statements.The loan application was subsequently approved by Wing Hang Credit and a drawdown of about $3.8 million was made in February 2019.The ICAC investigation arose from a corruption complaint. Enquiries revealed that the logistics company had never issued the employment proof to the defendant, who had previously worked for the company at a monthly salary of only about $20,000. It was also revealed that the defendant had made various cash deposits in the amount of $120,000 into her bank account purporting to be the monthly salary she received.Had Wing Hang Credit known that the loan application and supporting documents contained fraudulent information, it would not have approved her application for the mortgage loan.Wing Hang Credit had rendered full assistance to the Commission during its investigation into the case.The prosecution was today represented by Public Prosecutor Alison Mo, assisted by ICAC officer Andrew Ho.
27
Jul 2023
Renovation contractor charged by ICAC admits using false quotations to deceive IOA renovation contractor, charged by the ICAC, today (July 27) admitted conspiracy to defraud at the Kowloon City Magistrates’ Courts in connection with the award of water pipe replacement project by the Incorporated Owners (IO) of a private residential building in To Kwa Wan by using false quotations. The offences were revealed in the course of a corruption investigation by the ICAC.Chan Kam-wah, 57, director-cum-shareholder of Hing Fat Building Maintenance Company Limited (Hing Fat), pleaded guilty to one count of conspiracy to defraud, contrary to the Common Law; and three counts of possessing a false instrument, contrary to section 75(2) of the Crimes Ordinance. The prosecution offered no evidence to two other charges of possessing a false instrument against him.Principal Magistrate Mr Don So Man-lung adjourned the case to September 7 for mitigation and sentence, pending Chan’s background report. Chan was granted bail.The court heard that at the material time, Harbourfield Property Management Limited (Harbourfield) provided property management service to Sunny Court, a private residential building in To Kwa Wan. Staff of Harbourfield were required to source at least three quotations from its approved contractors before conducting any renovation works worth between $10,000 and $200,000.In 2021, Harbourfield conducted a quotation exercise for the Sunny Court to select a renovation contractor for a water pipe replacement project. IO of Sunny Court received three quotations via Harbourfield. In May 2021, the project was awarded to Hing Fat, which offered the lowest bid of $70,000.Chan admitted that between March and May 2021, he had conspired with a then property officer of Harbourfield to defraud the IO of Sunny Court by falsely representing that the two quotations, except Hing Fat’s, were genuine and issued by two other engineering companies respectively.The ICAC investigation, which arose from a corruption complaint, revealed that the two engineering companies concerned were not approved contractors of Harbourfield and had never submitted the two quotations.Chan also admitted that he had possessed three other false quotations purportedly issued by one of the two engineering companies to another residential building, a commercial building and a shopping mall.Co-defendant Lau Cheuk-yan, 41, then property officer of Harbourfield, was charged with one count of conspiracy to defraud. No plea was taken today. She was granted cash bail until September 7 for mention.Harbourfield and the IO of Sunny Court had rendered full assistance to the ICAC during its investigation into the case.The prosecution was today represented by ICAC officer Potina Koo.
26
Jul 2023
Ex-site team leader jailed for accepting $120,000 bribes from Third Runway Project’s bar-benders over employmentA former site team leader of a sub-contractor of the Third Runway Project of the Hong Kong International Airport (Third Runway Project), charged by the ICAC, was today (July 26) sentenced to seven months’ imprisonment at the West Kowloon Magistrates’ Courts for accepting bribes of over $120,000 from five bar-benders for continuing their employment with the sub-contractor.Wong Hei, 51, former site team leader for bar-bending works of MLife Engineering Limited (MEL), earlier pleaded guilty to seven charges – four of conspiracy for agent to accept advantages; two of agent accepting an advantage; and one of agent soliciting 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 the defendant had committed a serious offence of exploiting workers, warranting a custodial sentence. She also ordered the defendant to pay over $120,000, being the bribes involved in the case, as restitutions to MEL.At the material time, MEL was a sub-contractor of the Third Runway Project responsible for recruiting construction workers to conduct various works. The defendant was a site team leader leading a team of bar-benders working at the project’s construction site.The court heard that between March 2020 and July 2021, the defendant solicited bribes ranging from $100 to $400 per working day from five bar-benders for continuing their employment with MEL. He eventually accepted bribes totalling over $120,000 from the five bar-benders, who believed that their employment would be terminated by the defendant if they did not pay bribes.In recent years, the ICAC has taken a series of enforcement actions against solicitation and acceptance of illegal rebates from construction workers and launched a series of relevant publicity and education programmes. An ICAC spokesperson urges construction workers not to tolerate corruption. Should they be asked to pay bribes in exchange for their employment, they should report to the ICAC immediately. ICAC’s report corruption hotline: 25 266 366.A total of 26 people, most of whom were site team leaders of a sub-contractor of the Third Runway Project, were so far charged by the ICAC. Nineteen of them, including the defendant, had pleaded guilty or were found guilty after trial, receiving sentences up to 16 months in jail. Five others are awaiting plea or trial.The Airport Authority Hong Kong, the relevant main contractor SAPR JV and MEL have rendered full assistance to the ICAC during its investigation into the case.The prosecution was today represented by ICAC officer Lawrence Wong.
25
Jul 2023
Ex-foreman of DSD’s sub-contractor charged by ICAC with accepting bribes from workers, blackmail and deceptionA then foreman of a sub-contractor of the Drainage Services Department (DSD) was charged by the ICAC yesterday (July 24) with accepting bribes and defrauding money totalling around $50,000 from workers under his supervision and blackmail.Xiao Qisheng, 57, former foreman of Kong Power Engineering Limited (Kong Power), faces five charges–three of agent accepting an advantage, contrary to section 9(1)(a) of the Prevention of Bribery Ordinance; and one of obtaining property by deception and one of blackmail, contrary to sections 17(1) and 23(1) of the Theft Ordinance.The defendant was released on ICAC bail, pending his appearance in the West Kowloon Magistrates’ Courts tomorrow (July 26) for plea.When the offences took place between November 2019 and March 2021, Kong Power was a sub-contractor of a drainage maintenance and construction project of the DSD. The defendant was a foreman at the construction site of the project, who was responsible for leading and supervising workers. He would also introduce workers to work at the construction site.It is alleged that the defendant accepted bribes totalling over $45,000 from three workers and took into account the relevant advantages when exercising his authority as foreman in relation to the assignment of work and dismissal of workers. He also allegedly made an unwarranted demand of daily payment of $100 from one of the workers with menaces.The defendant also defrauded a second worker among the trio of about $4,000 by making false representation that the sum was the latter’s contribution to the Mandatory Provident Fund.In recent years, the ICAC has taken a series of enforcement actions against solicitation and acceptance of illegal rebates from construction workers and launched a series of relevant publicity and education programmes. An ICAC spokesperson urges construction workers not to tolerate corruption. Should they be asked to pay bribes in exchange for their employment, they should report to the ICAC immediately. ICAC’s report corruption hotline: 25 266 366.Kong Power has rendered full assistance to the ICAC during its investigation into the case.

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