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May 2022Site team leader charged by ICAC jailed for accepting bribes from construction workers over Third Runway Project jobsA then site team leader of a sub-contractor of the Third Runway Project of the Hong Kong International Airport (Third Runway Project) was today (May 6) sentenced to 10 months’ imprisonment at the West Kowloon Magistrates’ Courts for accepting illegal rebates totalling over $17,000 from three construction workers. The defendant was among six charged by the ICAC with bribery for assisting construction workers to secure employment with the sub-contractor.Tang Amanjo Ho-yin, 43, then site team leader of MLife Engineering Limited (MEL), was also ordered by Deputy Magistrate Mr Tsang Hing-tung to pay a restitution of $17,400, equivalent to the amount of illegal rebates concerned, to his then employer.The defendant was earlier found guilty of three charges – two of agent accepting an advantage, contrary to Section 9(1)(a) of the Prevention of Bribery Ordinance (POBO); and one of conspiracy for agent to accept advantages, contrary to Section 9(1)(a) of the POBO and Section 159A of the Crimes Ordinance.In sentencing, the deputy magistrate reprimanded the defendant for undermining the probity of Hong Kong society, warranting a deterrent custodial sentence.At the material time, MEL was a sub-contractor of the Third Runway Project responsible for recruiting construction workers to conduct various works. Recruitment was conducted mainly through referrals by construction workers. The defendant led a team of construction workers to perform carpentry works at the project’s construction site.The court heard that between June and August 2020, three construction workers were introduced by the defendant and others to work in the defendant’s team at the construction site. The defendant solicited an illegal rebate of $200 per working day from each of them.Between July 2020 and January 2021, the defendant accepted illegal rebates totalling $17,400 from the three construction workers.The three construction workers believed that they would not have been employed by MEL or would be terminated by the defendant if they had not given the rebates, the court heard.The investigation arose from corruption complaints filed with the ICAC. Following enforcement actions taken by the Commission, four then site team leaders, including the defendant, and two construction workers were charged with a total of 13 counts of bribery in three cases in October 2021.The Airport Authority Hong Kong, the relevant main contractor SAPR JV and MEL had rendered full assistance to the ICAC during its investigation into the cases. ICAC enquiries are continuing and further arrests and prosecutions may be made.The prosecution was today represented by prosecuting counsel Stephen Fong, assisted by ICAC officers Eric Siu and Cody Chung. 05
May 2022Four product testers charged by ICAC sentenced for wage fraud over false attendanceFour then product testers of an electronic product manufacturer, charged by the ICAC, were today (May 5) sentenced at the Tuen Mun Magistrates’ Courts after admitting that they had overstated their working hours with intent to deceive their employers into releasing wages to them.After the four defendants entered guilty pleas, they were each sentenced by Principal Magistrate Mr Don So Man-lung to two months’ imprisonment, suspended for three years.Cheung Wing-sze and Tang Ho-yi, both 26 and then product testers employed by Nirotech Limited (NRT), pleaded guilty to one count of conspiracy to defraud, contrary to Common Law.Carol Leung Lai-fun, 43, then product tester employed by C.P.E. Human Resources Company (CPE) to work for NRT, pleaded guilty to one count of attempted fraud, contrary to Section 16A of the Theft Ordinance and Section 159G of the Crimes Ordinance.Lau Ho-lam, 21, another then product tester employed by CPE to work for NRT, pleaded guilty to one count of fraud, contrary to Section 16A of the Theft Ordinance.The ICAC investigation arose from a corruption complaint. Upon completion of the investigation, the ICAC sought legal advice from the Department of Justice, which advised pressing the above charges against the four defendants.The court heard that the offences took place between February and July 2021. At the material time, the defendants were either directly employed by electronic product manufacturer NRT or supplied by CPE to work at NRT’s factory as night-shift product testers.The defendants were required to work nine hours for each working day from 10pm to 7am of the following day and were required to record their on and off duty time for wage calculation. Cheung and Tang were remunerated by NRT, while Leung and Lau were remunerated by CPE, which would then charge NRT the relevant service fees.The court heard that the defendants had shown up late to work and left the factory early on various occasions. Cheung and Tang had used a silicone molding tool to duplicate their fingerprints and used the molds to clock out at a fingerprint clocking machine for each other to falsely purport their off duty time. Meanwhile, Leung and Lau had reported on their attendance sheets that they had worked nine hours at the factory on all the working days concerned.By overstating their working hours by about 120 hours in total, the defendants obtained or attempted to obtain wages totalling about $7,000.Should NRT and CPE know that the attendance records submitted by the four defendants did not reflect their actual working hours, the two companies would not have released wages to them in accordance with the attendance records.NRT and CPE had rendered full assistance to the ICAC during its investigation into the case.The prosecution was today represented by ICAC officer Kevin Lam. 04
May 2022Ex-employee of HyD subcontractor charged by ICAC jailed for fraud over false road inspection reportsA former employee of a subcontractor of the Highways Department (HyD), charged by the ICAC, was today (May 4) sentenced to six months’ imprisonment at the Eastern Magistrates’ Courts for conspiracy to defraud the HyD by submitting road inspection reports containing photographs with falsely altered dates.Chui Ka-kin, 42, former assistant to network manager of Wah Fung Engineering Company Limited (Wah Fung), was earlier found guilty of five counts of conspiracy to defraud, contrary to Common Law.In sentencing, Deputy Magistrate Mr Gary Chu Man-hon said the HyD was unable to identify roads that required maintenance because of the fraudulent acts committed by the defendant. As the offences were serious in nature and affected road safety, the court must handle the case seriously and considered that non-custodial sentence was inappropriate.The case arose from a corruption complaint referred by the HyD. Subsequent ICAC enquiries revealed the above offences.The court heard that in 2017, the HyD awarded a term contract concerning management and maintenance of the roads on Hong Kong Island (excluding high speed roads) to Chiu Hing Construction and Transportation Company Limited (Chiu Hing), which then subcontracted the relevant works to Wah Fung.Under the contract, Chiu Hing was required to deploy road inspectors to conduct regular road inspections on Hong Kong Island and prepare reports supported by real-time photographs of the roads taken during the inspections.At the material time, the defendant was employed by Wah Fung as an assistant to network manager to support a network manager of Chiu Hing in overseeing the contract. Assistant road inspectors of Wah Fung were assigned to carry out inspections and prepare reports under the supervision of the defendant and the network manager of Chiu Hing.As Wah Fung did not have sufficient manpower to complete about 4,000 outstanding road inspection reports before the submission deadline set on June 30, 2017, the defendant and the network manager of Chiu Hing instructed six assistant road inspectors of Wah Fung at various meetings held between May 8 and June 30, 2017 to fraudulently prepare about 300 reports by using photographs of roads which were not taken on the dates of the road inspections as support.The court heard that the reports supported by photographs with dates falsely altered by the six assistant road inspectors of Wah Fung were then submitted to the HyD.Between September 1 and October 31, 2017, the defendant also instructed four of the assistant road inspectors of Wah Fung to use photographs taken for previous road inspection reports to fraudulently prepare at least 27 other reports and submitted them to the HyD.Had the HyD known that the road inspection reports contained any false information, the department would not have accepted them as it would result in compromising road safety and releasing unwarranted payments to Chiu Hing.The six assistant road inspectors of Wah Fung were earlier charged by the ICAC with one count of conspiracy to defraud in a separate case. They pleaded guilty to the charge and were each sentenced to a 12-month probation order.The HyD had rendered full assistance to the ICAC during its investigation.The prosecution was today represented by prosecuting counsel Eddie Sean, assisted by ICAC officer Hugh Tan. 03
May 2022Certified public accountant charged as ICAC probe reveals theft of USD1.25mThe ICAC today (May 3) charged a certified public accountant, who was a trustee of two companies, with stealing a total of over USD1.25 million from the two companies.The ICAC investigation arose from a corruption complaint. Upon completion of the investigation, the ICAC sought legal advice from the Department of Justice, which advised charging the certified public accountant.Cheung Hing-chik, 73, faces two counts of theft, contrary to Section 9 of the Theft Ordinance. He was released on ICAC bail, pending his appearance in the Eastern Magistrates’ Courts on Thursday (May 5) for mention.At the material time, the defendant was entrusted by a couple residing outside Hong Kong to handle the business and financial affairs of two companies which respectively engaged in arts trading and securities investment.The defendant was the sole authorised signatory for bank accounts of the two companies but he was not permitted to dispose of any funds or securities of the two companies without consent from the couple.The charges allege that between February 2016 and January 2020, the defendant stole a total of over USD1.25 million belonging to the two companies.It is alleged that the defendant had on over 50 occasions transferred over USD1.25 million to his personal bank accounts without the consent of the couple. 28
Apr 2022Garage proprietors charged by ICAC admit offering bribes to secure businessTwo proprietors of a garage, charged by the ICAC, today (April 28) admitted at the Eastern Magistrates’ Courts that they had offered bribes to a staff member of an investment company for securing vehicle maintenance orders from the latter.Yip Pui-yam, 63, and Yip Yun-tim, 71, respectively proprietor and former proprietor of United Motors Company (United Motors), pleaded guilty to one count of conspiracy to offer advantages to an agent, contrary to Section 9(2)(a) of the Prevention of Bribery Ordinance and Section 159A of the Crimes Ordinance.Principal Magistrate Ms Ada Yim Shun-yee adjourned the case to June 9 for mention. The defendants were granted cash bail.The court heard that at the material time, Yip Pui-yam was the sole proprietor of United Motors. Its former proprietor, Yip Yun-tim, also assisted in operating the garage.Between January 2018 and October 2020, Asia Financial Holdings Limited (Asia Financial Holdings) awarded 39 vehicle maintenance orders involving maintenance fees totalling about $360,000 to United Motors upon the recommendation of a staff member.The defendants admitted that they had inflated the maintenance fees for the services provided to Asia Financial Holdings upon the request of the above staff member and the inflated portions were then passed to the latter as rebates.The duo further admitted that they had offered rebates totalling at least $12,000 to the staff member in relation to the above 39 vehicle maintenance orders.Asia Financial Holdings did not allow its staff members to solicit or accept any advantages from the two defendants for awarding the vehicle maintenance orders to United Motors. Had Asia Financial Holdings known the maintenance fees were false, it would not have settled them.Asia Financial Holdings had rendered full assistance to the ICAC during its investigation into the case.The prosecution was today represented by ICAC officer Andrew Ho.
May 2022Site team leader charged by ICAC jailed for accepting bribes from construction workers over Third Runway Project jobsA then site team leader of a sub-contractor of the Third Runway Project of the Hong Kong International Airport (Third Runway Project) was today (May 6) sentenced to 10 months’ imprisonment at the West Kowloon Magistrates’ Courts for accepting illegal rebates totalling over $17,000 from three construction workers. The defendant was among six charged by the ICAC with bribery for assisting construction workers to secure employment with the sub-contractor.Tang Amanjo Ho-yin, 43, then site team leader of MLife Engineering Limited (MEL), was also ordered by Deputy Magistrate Mr Tsang Hing-tung to pay a restitution of $17,400, equivalent to the amount of illegal rebates concerned, to his then employer.The defendant was earlier found guilty of three charges – two of agent accepting an advantage, contrary to Section 9(1)(a) of the Prevention of Bribery Ordinance (POBO); and one of conspiracy for agent to accept advantages, contrary to Section 9(1)(a) of the POBO and Section 159A of the Crimes Ordinance.In sentencing, the deputy magistrate reprimanded the defendant for undermining the probity of Hong Kong society, warranting a deterrent custodial sentence.At the material time, MEL was a sub-contractor of the Third Runway Project responsible for recruiting construction workers to conduct various works. Recruitment was conducted mainly through referrals by construction workers. The defendant led a team of construction workers to perform carpentry works at the project’s construction site.The court heard that between June and August 2020, three construction workers were introduced by the defendant and others to work in the defendant’s team at the construction site. The defendant solicited an illegal rebate of $200 per working day from each of them.Between July 2020 and January 2021, the defendant accepted illegal rebates totalling $17,400 from the three construction workers.The three construction workers believed that they would not have been employed by MEL or would be terminated by the defendant if they had not given the rebates, the court heard.The investigation arose from corruption complaints filed with the ICAC. Following enforcement actions taken by the Commission, four then site team leaders, including the defendant, and two construction workers were charged with a total of 13 counts of bribery in three cases in October 2021.The Airport Authority Hong Kong, the relevant main contractor SAPR JV and MEL had rendered full assistance to the ICAC during its investigation into the cases. ICAC enquiries are continuing and further arrests and prosecutions may be made.The prosecution was today represented by prosecuting counsel Stephen Fong, assisted by ICAC officers Eric Siu and Cody Chung. 05
May 2022Four product testers charged by ICAC sentenced for wage fraud over false attendanceFour then product testers of an electronic product manufacturer, charged by the ICAC, were today (May 5) sentenced at the Tuen Mun Magistrates’ Courts after admitting that they had overstated their working hours with intent to deceive their employers into releasing wages to them.After the four defendants entered guilty pleas, they were each sentenced by Principal Magistrate Mr Don So Man-lung to two months’ imprisonment, suspended for three years.Cheung Wing-sze and Tang Ho-yi, both 26 and then product testers employed by Nirotech Limited (NRT), pleaded guilty to one count of conspiracy to defraud, contrary to Common Law.Carol Leung Lai-fun, 43, then product tester employed by C.P.E. Human Resources Company (CPE) to work for NRT, pleaded guilty to one count of attempted fraud, contrary to Section 16A of the Theft Ordinance and Section 159G of the Crimes Ordinance.Lau Ho-lam, 21, another then product tester employed by CPE to work for NRT, pleaded guilty to one count of fraud, contrary to Section 16A of the Theft Ordinance.The ICAC investigation arose from a corruption complaint. Upon completion of the investigation, the ICAC sought legal advice from the Department of Justice, which advised pressing the above charges against the four defendants.The court heard that the offences took place between February and July 2021. At the material time, the defendants were either directly employed by electronic product manufacturer NRT or supplied by CPE to work at NRT’s factory as night-shift product testers.The defendants were required to work nine hours for each working day from 10pm to 7am of the following day and were required to record their on and off duty time for wage calculation. Cheung and Tang were remunerated by NRT, while Leung and Lau were remunerated by CPE, which would then charge NRT the relevant service fees.The court heard that the defendants had shown up late to work and left the factory early on various occasions. Cheung and Tang had used a silicone molding tool to duplicate their fingerprints and used the molds to clock out at a fingerprint clocking machine for each other to falsely purport their off duty time. Meanwhile, Leung and Lau had reported on their attendance sheets that they had worked nine hours at the factory on all the working days concerned.By overstating their working hours by about 120 hours in total, the defendants obtained or attempted to obtain wages totalling about $7,000.Should NRT and CPE know that the attendance records submitted by the four defendants did not reflect their actual working hours, the two companies would not have released wages to them in accordance with the attendance records.NRT and CPE had rendered full assistance to the ICAC during its investigation into the case.The prosecution was today represented by ICAC officer Kevin Lam. 04
May 2022Ex-employee of HyD subcontractor charged by ICAC jailed for fraud over false road inspection reportsA former employee of a subcontractor of the Highways Department (HyD), charged by the ICAC, was today (May 4) sentenced to six months’ imprisonment at the Eastern Magistrates’ Courts for conspiracy to defraud the HyD by submitting road inspection reports containing photographs with falsely altered dates.Chui Ka-kin, 42, former assistant to network manager of Wah Fung Engineering Company Limited (Wah Fung), was earlier found guilty of five counts of conspiracy to defraud, contrary to Common Law.In sentencing, Deputy Magistrate Mr Gary Chu Man-hon said the HyD was unable to identify roads that required maintenance because of the fraudulent acts committed by the defendant. As the offences were serious in nature and affected road safety, the court must handle the case seriously and considered that non-custodial sentence was inappropriate.The case arose from a corruption complaint referred by the HyD. Subsequent ICAC enquiries revealed the above offences.The court heard that in 2017, the HyD awarded a term contract concerning management and maintenance of the roads on Hong Kong Island (excluding high speed roads) to Chiu Hing Construction and Transportation Company Limited (Chiu Hing), which then subcontracted the relevant works to Wah Fung.Under the contract, Chiu Hing was required to deploy road inspectors to conduct regular road inspections on Hong Kong Island and prepare reports supported by real-time photographs of the roads taken during the inspections.At the material time, the defendant was employed by Wah Fung as an assistant to network manager to support a network manager of Chiu Hing in overseeing the contract. Assistant road inspectors of Wah Fung were assigned to carry out inspections and prepare reports under the supervision of the defendant and the network manager of Chiu Hing.As Wah Fung did not have sufficient manpower to complete about 4,000 outstanding road inspection reports before the submission deadline set on June 30, 2017, the defendant and the network manager of Chiu Hing instructed six assistant road inspectors of Wah Fung at various meetings held between May 8 and June 30, 2017 to fraudulently prepare about 300 reports by using photographs of roads which were not taken on the dates of the road inspections as support.The court heard that the reports supported by photographs with dates falsely altered by the six assistant road inspectors of Wah Fung were then submitted to the HyD.Between September 1 and October 31, 2017, the defendant also instructed four of the assistant road inspectors of Wah Fung to use photographs taken for previous road inspection reports to fraudulently prepare at least 27 other reports and submitted them to the HyD.Had the HyD known that the road inspection reports contained any false information, the department would not have accepted them as it would result in compromising road safety and releasing unwarranted payments to Chiu Hing.The six assistant road inspectors of Wah Fung were earlier charged by the ICAC with one count of conspiracy to defraud in a separate case. They pleaded guilty to the charge and were each sentenced to a 12-month probation order.The HyD had rendered full assistance to the ICAC during its investigation.The prosecution was today represented by prosecuting counsel Eddie Sean, assisted by ICAC officer Hugh Tan. 03
May 2022Certified public accountant charged as ICAC probe reveals theft of USD1.25mThe ICAC today (May 3) charged a certified public accountant, who was a trustee of two companies, with stealing a total of over USD1.25 million from the two companies.The ICAC investigation arose from a corruption complaint. Upon completion of the investigation, the ICAC sought legal advice from the Department of Justice, which advised charging the certified public accountant.Cheung Hing-chik, 73, faces two counts of theft, contrary to Section 9 of the Theft Ordinance. He was released on ICAC bail, pending his appearance in the Eastern Magistrates’ Courts on Thursday (May 5) for mention.At the material time, the defendant was entrusted by a couple residing outside Hong Kong to handle the business and financial affairs of two companies which respectively engaged in arts trading and securities investment.The defendant was the sole authorised signatory for bank accounts of the two companies but he was not permitted to dispose of any funds or securities of the two companies without consent from the couple.The charges allege that between February 2016 and January 2020, the defendant stole a total of over USD1.25 million belonging to the two companies.It is alleged that the defendant had on over 50 occasions transferred over USD1.25 million to his personal bank accounts without the consent of the couple. 28
Apr 2022Garage proprietors charged by ICAC admit offering bribes to secure businessTwo proprietors of a garage, charged by the ICAC, today (April 28) admitted at the Eastern Magistrates’ Courts that they had offered bribes to a staff member of an investment company for securing vehicle maintenance orders from the latter.Yip Pui-yam, 63, and Yip Yun-tim, 71, respectively proprietor and former proprietor of United Motors Company (United Motors), pleaded guilty to one count of conspiracy to offer advantages to an agent, contrary to Section 9(2)(a) of the Prevention of Bribery Ordinance and Section 159A of the Crimes Ordinance.Principal Magistrate Ms Ada Yim Shun-yee adjourned the case to June 9 for mention. The defendants were granted cash bail.The court heard that at the material time, Yip Pui-yam was the sole proprietor of United Motors. Its former proprietor, Yip Yun-tim, also assisted in operating the garage.Between January 2018 and October 2020, Asia Financial Holdings Limited (Asia Financial Holdings) awarded 39 vehicle maintenance orders involving maintenance fees totalling about $360,000 to United Motors upon the recommendation of a staff member.The defendants admitted that they had inflated the maintenance fees for the services provided to Asia Financial Holdings upon the request of the above staff member and the inflated portions were then passed to the latter as rebates.The duo further admitted that they had offered rebates totalling at least $12,000 to the staff member in relation to the above 39 vehicle maintenance orders.Asia Financial Holdings did not allow its staff members to solicit or accept any advantages from the two defendants for awarding the vehicle maintenance orders to United Motors. Had Asia Financial Holdings known the maintenance fees were false, it would not have settled them.Asia Financial Holdings had rendered full assistance to the ICAC during its investigation into the case.The prosecution was today represented by ICAC officer Andrew Ho.