Recent ICAC Cases


30
Jul 2024
Merchant charged by ICAC with bribing bank staff for expediting account openingThe ICAC today (July 30) charged a merchant with allegedly bribing a bank employee for expediting the process of opening his personal bank account.Bian Wei-long, 39, merchant, faces one count of offering an advantage to an agent, contrary to section 9(2)(a) of the Prevention of Bribery Ordinance. He was released on ICAC bail, pending his appearance at the Eastern Magistrates’ Courts on Thursday (August 1) for plea.At the material time, Bian was a merchant operating duty-free shops in Southeast Asia. In early May 2023, Bian visited a branch of China Construction Bank (Asia) Corporation Limited (CCB (Asia)) in Central for opening a personal account. He was received by a then sales executive of the branch.It is alleged that on the next day after his visit to the aforesaid branch of CCB (Asia), Bian offered a bribe of $2,000 to the then sales executive for expediting the account opening process at the bank.The ICAC investigation arose from a corruption complaint in relation to opening bank accounts. Enquiries revealed that Bian’s bank account was opened shortly after he had paid the bribe to the sales executive mentioned.Law Tsz-hin, the then sales executive of CCB (Asia), 31, was also earlier charged by the ICAC for his role in the scam. He was earlier sentenced to a jail term of six weeks after pleading guilty at the Eastern Magistrates’ Courts to four bribery charges for soliciting and accepting bribes totalling $13,000 for expediting the process of opening personal bank accounts for six clients, including Bian.CCB (Asia) has rendered full assistance to the ICAC during its investigation into the case.The ICAC reminds the general public not to bribe bank staff in exchange for its services. Should anyone comes across any suspicion of corruption, he or she should report to the ICAC immediately. The ICAC has recently launched the “Corruption Prevention Guide for Banks” to enhance the corruption prevention capabilities of banks and assist banks in managing corruption risks in core operations including account opening and referral of client. To promote probity culture in the banking sector, an Ethics Promotion Programme for the Banking Industry was also launched to help managerial and other ranks of bank staff understand common corruption loopholes.
23
Jul 2024
Ex-manager of FEHD contractor charged by ICAC for extorting $38,000 in wages from cleaning workers by deceitThe ICAC today (July 23) charged a former manager of a cleaning service contractor of the Food and Environmental Hygiene Department (FEHD) for allegedly deceiving three subordinate cleaning workers into returning a wage difference totalling over $38,000 in a span of nearly two years, by falsely representing to them that the employer had miscalculated their wages.Choy Wai-hong, 50, former contract manager of Sparkle Environmental Services Limited (Sparkle), faces three counts of fraud, contrary to section 16A of the Theft Ordinance. He was released on ICAC bail, pending his appearance at the Kwun Tong Magistrates’ Courts on Thursday (July 25) for plea.At the material time, the defendant was a contract manager of Sparkle, a cleaning service contractor of the FEHD. He was responsible for supervising the company’s foremen and cleaning workers posted to Sai Kung District, and handling relevant matters of recruitment and employment contracts.The offences took place between August 2020 and July 2022. The defendant, without Sparkle’s authorisation, allegedly made false representations to the three cleaning workers concerned that they were employed and paid as casual workers. It is alleged that subsequently, the defendant falsely represented to the three workers that Sparkle had miscalculated their wages, and with intent to defraud, induced the trio to return part of their wages, totalling over $38,000, to the defendant.The ICAC investigation arose from a corruption complaint in relation to workers’ wages. Enquiries revealed that the trio were in fact Sparkle’s full-time employees who were entitled to higher pay rates, but the defendant allegedly made false representations to them that they were employed as casual cleaning workers at a daily wage of either $420 or $450 only. Meanwhile, the defendant had never returned to Sparkle the wages which he defrauded out of the trio.The FEHD and Sparkle rendered full assistance to the ICAC during its investigation into the case.
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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