Integrity Focus
Menu
Recent ICAC Cases Anti-Corruption Laws in Hong Kong Corruption Myths Cross-Boundary Business Operations Conflict of Interest
What is conflict of interest? Examples of conflict of interest Problems arising from conflict of interest How to handle conflict of interest? How well are we managing conflict of interest?
Ethical Decision MakingRecent ICAC Cases
23
Feb 2023Ex-director of construction company charged by ICAC over $75.3m L/C fraudA former director of a construction company was arrested and charged by the ICAC today (February 23) upon his arrival in Hong Kong following the prosecution of two former senior executives of construction companies and others for defrauding a bank of $75.3 million letters of credit (L/Cs).Zheng Zhong, 65, former director of China Railway Construction (HK) Limited (CRCL), faces one count of conspiracy to defraud, contrary to Common Law.The ICAC investigation arose from a corruption complaint, resulting in the prosecution of a number of people. As Zheng was not in Hong Kong at that time, a warrant for the arrest of him subsequently issued upon the application made by the ICAC with a magistrate court. Zheng was arrested upon his arrival in Hong Kong today. He will be brought to the Eastern Magistrates’ Courts tomorrow (February 24) for mention, pending the prosecution’s application for transferring the case to the District Court.CRCL is a subsidiary of publicly listed China Railway Construction Corporation Limited (CRCC). China Railway International Trading (HK) Limited (CRITL) is another wholly owned subsidiary of CRCC, which is run by staff members of CRCL to source construction materials for CRCL and its associated companies.At the material time, Zheng was a director of CRCL responsible for submitting tenders and following up construction projects of CRCL and CRITL.In September 2016, CRCL signed a memorandum of understanding with Top Famous Construction Engineering Limited (TFCL), a construction company in Hong Kong, to form joint ventures to take up certain construction projects. In December 2016, TFCL further entered into three trade agreements with CRITL for the latter to act as TFCL’s purchasing agent to procure construction materials from King Tai Construction Limited (KTCL) for three other projects, with payments to be settled by L/Cs.Between June 2016 and March 2017, Zheng was alleged to have conspired with deputy general manager of CRCL Wang Xiaoshan, shareholder-cum-director of TFCL Lau Chung-hoi and other persons to defraud DBS Bank Limited (DBS Bank), causing it to make payments totalling over $75.3 million to KTCL.It is alleged that Zheng and the abovementioned persons dishonestly applied to DBS Bank for issuing three L/Cs in favour of KTCL, knowing that there was no genuine underlying transaction for those L/Cs; and produced false documentation, including invoices, packing lists and cargo receipts, to support the applications.Wang and Lau were earlier charged in the case with conspiracy to defraud. They were each sentenced to four years’ imprisonment following their conviction after trial.CRCC, CRCL, CRITL and DBS Bank have rendered full assistance to the ICAC during its investigation. 21
Feb 2023Ex-employee of fast food restaurant chain charged by ICAC for allegedly concealing conflict of interest in works contractorA former assistant engineer of a fast food restaurant chain was charged by the ICAC today (February 21) for allegedly deceiving the restaurant chain into awarding two works projects to a contractor by concealing that he was the latter’s major shareholder.Chan Yiu-wa, 53, former assistant engineer of Café de Coral Group Limited (Café de Coral Group), faces two counts of fraud, contrary to Section 16A of the Theft Ordinance. The defendant was released on ICAC bail, pending his appearance in the Fanling Magistrates’ Courts on Thursday (February 23) for plea.The defendant was Café de Coral Group’s assistant engineer between February and early December 2021. Among other duties, he was responsible for sourcing quotations from contractors for engineering and maintenance works for a plant of Café de Coral Holdings Limited (Café de Coral Holdings) – the parent company of Café de Coral Group.As set out in the employee handbook of Café de Coral Holdings, employees of Café de Coral Holdings and its subsidiaries should avoid conflict of interest. An employee must declare to Café de Coral Holdings if he or she has any interest in an organisation which has business dealings with Café de Coral Holdings and its subsidiaries.Between April and October 2021, the defendant was alleged to have concealed from Café de Coral Holdings his interests in Leading Gain Engineering Co. Limited (Leading Gain), and with intent to defraud, induced Café de Coral Holdings to engage Leading Gain to carry out the replacement work of a security booth and the maintenance work of an air-conditioning system.The ICAC investigation arose from a corruption complaint. Enquiries revealed that the defendant was the sole director and major shareholder of Leading Gain at the material time. The abovementioned two works projects involved payments totalling about $70,000.Café de Coral Holdings has rendered full assistance to the ICAC during its investigation into the case. 21
Feb 2023Defendant charged by ICAC in dummy insurance agents commissions fraud case faces 19 additional chargesThe ICAC has earlier charged 18 people with conspiracy to defraud and money laundering, revealed during the course of a corruption investigation, for allegedly taking part in a dummy insurance agents scam to defraud two insurers of commissions by making false representations that they had handled a few hundred insurance policies. The commissions involved in the scam increased to about $50 million after 19 additional charges were laid against a defendant when she appeared in the Eastern Magistrates’ Courts today (February 21).Lo Yin-wa, 30, former branch manager of FWD Life Insurance Company (Bermuda) Limited (FWD), was charged in June 2022 with one count of conspiracy to defraud, contrary to Common Law. Upon further legal advice from the Department of Justice, 19 additional charges were laid against her today – one of conspiracy to defraud; and 18 of conspiracy to deal with property known or believed to represent proceeds of an indictable offence, contrary to Section 25(1) of the Organized and Serious Crimes Ordinance and Section 159A(1) the Crimes Ordinance.Seventeen other defendants, aged between 23 and 59, who were 10 then insurance agents of FWD, a then unit manager of Sun Life Hong Kong Limited (Sun Life HK) and her six down-line insurance agents, were charged in another case in October last year with 17 charges – two of conspiracy to defraud and 15 of conspiracy to launder crime proceeds.Magistrate Mr Lam Tsz-kan allowed the prosecution’s application for consolidating the two cases. The 18 defendants now face a total of 20 charges, namely two of conspiracy to defraud and 18 of conspiracy to launder crime proceeds, involving 478 insurance policies and commissions totalling about $50 million.No plea was taken today. The defendants were granted bail. The magistrate transferred the case to the District Court for plea on March 14.The alleged offences took place between February 2016 and November 2020. At the material time, FWD branch manager Lo and the above 10 FWD insurance agents worked in the same team, while the remaining seven defendants worked under the same team in Sun Life HK. Except Lo, her husband cum FWD insurance agent Kwok Ho-leung and Sun Life HK unit manager Kwok Yun-fong, the remaining 15 co-defendants were said to be dummy insurance agents.It is alleged that Lo, Kwok Ho-leung, Kwok Yun-fong and the six then Sun Life HK insurance agents conspired together and with others to defraud Sun Life HK. They allegedly made false representations to Sun Life HK that the six people were the respective handling agents of 206 insurance policy applications; and caused the insurer to approve the applications and to pay commissions, incentives, bonuses and allowances to Kwok Yun-fong’s team.Lo, Kwok Ho-leung and the nine then FWD insurance agents are alleged to have conspired together and with others to defraud FWD. They allegedly falsely represented to FWD that 12 then insurance agents of FWD, including the nine people, were the respective handling agents of 272 insurance policy applications; and caused the insurer to approve the applications and to pay commissions, incentives, bonuses and allowances to Lo and the 12 persons.It is also alleged that Lo had separately conspired with the 15 co-defendants and the three others to launder crime proceeds in relation to the scam totalling about $47 million in 23 bank accounts of them.The ICAC investigation arose from a corruption complaint. Enquiries revealed that Lo had allegedly recruited Kwok Yun-fong and others to join either Sun Life HK or FWD, and she told some of them that they were not required to source any clients.The above 478 insurance policy applications mostly involved high commission rate insurance products. After approving most of the applications, Sun Life HK and FWD respectively released commissions, incentives, bonuses and allowances totalling over $29 million and over $20 million to the 15 co-defendants and the trio who purportedly handled them and their up-line managers, including Lo and Kwok Yun-fong. Had Sun Life HK and FWD known that the 15 co-defendants and the three others were not the handling agents of those insurance policies, they would not have released the above commissions, incentives, bonuses and allowances.The bank accounts used for receiving the above commissions, etc. were allegedly controlled by Lo. Most of the insurance policies concerned eventually lapsed after subsequent premiums were not paid.As the relevant corruption investigation is continuing, the ICAC does not rule out further law enforcement actions.FWD and Sun Life HK have rendered full assistance to the ICAC during its investigation into the case.The prosecution was today represented by Senior Public Prosecutor Joey Lin, assisted by ICAC officer Benny Chang. 10
Feb 2023Trio wanted by ICAC for alleged US$900,000 bribery over toy orders of multinational retailerA Magistrate issued warrants for the arrest of two former buying managers of a multinational groceries retailer and the operator of a toy supplier, who are wanted by the ICAC for allegedly accepting and offering bribes totalling over US$900,000 (over HK$7 million) for causing the retailer to place toy orders worth totalling over US$26 million (over HK$205 million) with the toy supplier.Zsolt Gergely Kovacs, 46 and Ladislav Gajdos, 43, respectively former senior buying manager and former buying manager of Tesco Stores Limited (Tesco Stores), jointly face one count of conspiracy for an agent to accept advantages, contrary to Section 9(1)(a) of the Prevention of Bribery Ordinance (POBO) and Section 159A of the Crimes Ordinance.Chen Jinqun, 57, operator of Handwin Toys Industrial Co., Limited (Handwin), faces three charges – one of conspiracy to offer advantages to an agent and two of offering an advantage to an agent, contrary to Section 9(2)(a) of the POBO and Section 159A of the Crimes Ordinance.The alleged offences took place between June 2010 and January 2020. At the material time, Kovacs and Gajdos were working in the buying team of Tesco Stores in the United Kingdom. Tesco Stores and Tesco International Sourcing Limited (Tesco Sourcing) in Hong Kong were both subsidiaries of multinational groceries retailer Tesco PLC. Kovacs and Gajdos were responsible for selecting toy and groceries suppliers for Tesco PLC based on the recommendations made by the sourcing team of Tesco Sourcing. Handwin was one of the toy suppliers.It is alleged that in 2011, Kovacs suggested to Pang Chun-kin, then sourcing manager of Tesco Sourcing, to solicit rebates from Chen, who was the operator of Handwin. Gajdos was alleged to have participated in the corrupt dealings since around mid-2012.The charge against Kovacs and Gajdos alleges that the duo conspired with Pang for the trio to, without lawful authority or reasonable excuse, receive illegal rebates totalling over US$708,000 (over HK$5.5 million) from Chen for causing Tesco Sourcing to place orders with Handwin.Meanwhile, Chen has allegedly conspired with Kovacs, Gajdos and Pang to offer the above illegal rebates to the trio, and Chen has allegedly offered two loans totalling US$200,000 (about HK$1.56 million) to Pang for the same purpose.ICAC investigation revealed that Tesco Sourcing had placed toy orders worth totalling over US$26 million (over HK$205 million) with Handwin between March 2011 and January 2018.Legal advice received from the Department of Justice earlier advises charging Kovacs, Gajdos and Chen. As the trio are not in Hong Kong, warrants for the arrest of them were issued by a Magistrate on Monday (February 6) upon the application made by the ICAC.Pang was earlier charged by the ICAC with bribery. He was sentenced to three years’ imprisonment at the District Court in July 2021 following his guilty plea.Tesco PLC, Tesco Stores and Tesco Sourcing have rendered full assistance to the ICAC during its investigation into the case. 09
Feb 2023Security 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.
Feb 2023Ex-director of construction company charged by ICAC over $75.3m L/C fraudA former director of a construction company was arrested and charged by the ICAC today (February 23) upon his arrival in Hong Kong following the prosecution of two former senior executives of construction companies and others for defrauding a bank of $75.3 million letters of credit (L/Cs).Zheng Zhong, 65, former director of China Railway Construction (HK) Limited (CRCL), faces one count of conspiracy to defraud, contrary to Common Law.The ICAC investigation arose from a corruption complaint, resulting in the prosecution of a number of people. As Zheng was not in Hong Kong at that time, a warrant for the arrest of him subsequently issued upon the application made by the ICAC with a magistrate court. Zheng was arrested upon his arrival in Hong Kong today. He will be brought to the Eastern Magistrates’ Courts tomorrow (February 24) for mention, pending the prosecution’s application for transferring the case to the District Court.CRCL is a subsidiary of publicly listed China Railway Construction Corporation Limited (CRCC). China Railway International Trading (HK) Limited (CRITL) is another wholly owned subsidiary of CRCC, which is run by staff members of CRCL to source construction materials for CRCL and its associated companies.At the material time, Zheng was a director of CRCL responsible for submitting tenders and following up construction projects of CRCL and CRITL.In September 2016, CRCL signed a memorandum of understanding with Top Famous Construction Engineering Limited (TFCL), a construction company in Hong Kong, to form joint ventures to take up certain construction projects. In December 2016, TFCL further entered into three trade agreements with CRITL for the latter to act as TFCL’s purchasing agent to procure construction materials from King Tai Construction Limited (KTCL) for three other projects, with payments to be settled by L/Cs.Between June 2016 and March 2017, Zheng was alleged to have conspired with deputy general manager of CRCL Wang Xiaoshan, shareholder-cum-director of TFCL Lau Chung-hoi and other persons to defraud DBS Bank Limited (DBS Bank), causing it to make payments totalling over $75.3 million to KTCL.It is alleged that Zheng and the abovementioned persons dishonestly applied to DBS Bank for issuing three L/Cs in favour of KTCL, knowing that there was no genuine underlying transaction for those L/Cs; and produced false documentation, including invoices, packing lists and cargo receipts, to support the applications.Wang and Lau were earlier charged in the case with conspiracy to defraud. They were each sentenced to four years’ imprisonment following their conviction after trial.CRCC, CRCL, CRITL and DBS Bank have rendered full assistance to the ICAC during its investigation. 21
Feb 2023Ex-employee of fast food restaurant chain charged by ICAC for allegedly concealing conflict of interest in works contractorA former assistant engineer of a fast food restaurant chain was charged by the ICAC today (February 21) for allegedly deceiving the restaurant chain into awarding two works projects to a contractor by concealing that he was the latter’s major shareholder.Chan Yiu-wa, 53, former assistant engineer of Café de Coral Group Limited (Café de Coral Group), faces two counts of fraud, contrary to Section 16A of the Theft Ordinance. The defendant was released on ICAC bail, pending his appearance in the Fanling Magistrates’ Courts on Thursday (February 23) for plea.The defendant was Café de Coral Group’s assistant engineer between February and early December 2021. Among other duties, he was responsible for sourcing quotations from contractors for engineering and maintenance works for a plant of Café de Coral Holdings Limited (Café de Coral Holdings) – the parent company of Café de Coral Group.As set out in the employee handbook of Café de Coral Holdings, employees of Café de Coral Holdings and its subsidiaries should avoid conflict of interest. An employee must declare to Café de Coral Holdings if he or she has any interest in an organisation which has business dealings with Café de Coral Holdings and its subsidiaries.Between April and October 2021, the defendant was alleged to have concealed from Café de Coral Holdings his interests in Leading Gain Engineering Co. Limited (Leading Gain), and with intent to defraud, induced Café de Coral Holdings to engage Leading Gain to carry out the replacement work of a security booth and the maintenance work of an air-conditioning system.The ICAC investigation arose from a corruption complaint. Enquiries revealed that the defendant was the sole director and major shareholder of Leading Gain at the material time. The abovementioned two works projects involved payments totalling about $70,000.Café de Coral Holdings has rendered full assistance to the ICAC during its investigation into the case. 21
Feb 2023Defendant charged by ICAC in dummy insurance agents commissions fraud case faces 19 additional chargesThe ICAC has earlier charged 18 people with conspiracy to defraud and money laundering, revealed during the course of a corruption investigation, for allegedly taking part in a dummy insurance agents scam to defraud two insurers of commissions by making false representations that they had handled a few hundred insurance policies. The commissions involved in the scam increased to about $50 million after 19 additional charges were laid against a defendant when she appeared in the Eastern Magistrates’ Courts today (February 21).Lo Yin-wa, 30, former branch manager of FWD Life Insurance Company (Bermuda) Limited (FWD), was charged in June 2022 with one count of conspiracy to defraud, contrary to Common Law. Upon further legal advice from the Department of Justice, 19 additional charges were laid against her today – one of conspiracy to defraud; and 18 of conspiracy to deal with property known or believed to represent proceeds of an indictable offence, contrary to Section 25(1) of the Organized and Serious Crimes Ordinance and Section 159A(1) the Crimes Ordinance.Seventeen other defendants, aged between 23 and 59, who were 10 then insurance agents of FWD, a then unit manager of Sun Life Hong Kong Limited (Sun Life HK) and her six down-line insurance agents, were charged in another case in October last year with 17 charges – two of conspiracy to defraud and 15 of conspiracy to launder crime proceeds.Magistrate Mr Lam Tsz-kan allowed the prosecution’s application for consolidating the two cases. The 18 defendants now face a total of 20 charges, namely two of conspiracy to defraud and 18 of conspiracy to launder crime proceeds, involving 478 insurance policies and commissions totalling about $50 million.No plea was taken today. The defendants were granted bail. The magistrate transferred the case to the District Court for plea on March 14.The alleged offences took place between February 2016 and November 2020. At the material time, FWD branch manager Lo and the above 10 FWD insurance agents worked in the same team, while the remaining seven defendants worked under the same team in Sun Life HK. Except Lo, her husband cum FWD insurance agent Kwok Ho-leung and Sun Life HK unit manager Kwok Yun-fong, the remaining 15 co-defendants were said to be dummy insurance agents.It is alleged that Lo, Kwok Ho-leung, Kwok Yun-fong and the six then Sun Life HK insurance agents conspired together and with others to defraud Sun Life HK. They allegedly made false representations to Sun Life HK that the six people were the respective handling agents of 206 insurance policy applications; and caused the insurer to approve the applications and to pay commissions, incentives, bonuses and allowances to Kwok Yun-fong’s team.Lo, Kwok Ho-leung and the nine then FWD insurance agents are alleged to have conspired together and with others to defraud FWD. They allegedly falsely represented to FWD that 12 then insurance agents of FWD, including the nine people, were the respective handling agents of 272 insurance policy applications; and caused the insurer to approve the applications and to pay commissions, incentives, bonuses and allowances to Lo and the 12 persons.It is also alleged that Lo had separately conspired with the 15 co-defendants and the three others to launder crime proceeds in relation to the scam totalling about $47 million in 23 bank accounts of them.The ICAC investigation arose from a corruption complaint. Enquiries revealed that Lo had allegedly recruited Kwok Yun-fong and others to join either Sun Life HK or FWD, and she told some of them that they were not required to source any clients.The above 478 insurance policy applications mostly involved high commission rate insurance products. After approving most of the applications, Sun Life HK and FWD respectively released commissions, incentives, bonuses and allowances totalling over $29 million and over $20 million to the 15 co-defendants and the trio who purportedly handled them and their up-line managers, including Lo and Kwok Yun-fong. Had Sun Life HK and FWD known that the 15 co-defendants and the three others were not the handling agents of those insurance policies, they would not have released the above commissions, incentives, bonuses and allowances.The bank accounts used for receiving the above commissions, etc. were allegedly controlled by Lo. Most of the insurance policies concerned eventually lapsed after subsequent premiums were not paid.As the relevant corruption investigation is continuing, the ICAC does not rule out further law enforcement actions.FWD and Sun Life HK have rendered full assistance to the ICAC during its investigation into the case.The prosecution was today represented by Senior Public Prosecutor Joey Lin, assisted by ICAC officer Benny Chang. 10
Feb 2023Trio wanted by ICAC for alleged US$900,000 bribery over toy orders of multinational retailerA Magistrate issued warrants for the arrest of two former buying managers of a multinational groceries retailer and the operator of a toy supplier, who are wanted by the ICAC for allegedly accepting and offering bribes totalling over US$900,000 (over HK$7 million) for causing the retailer to place toy orders worth totalling over US$26 million (over HK$205 million) with the toy supplier.Zsolt Gergely Kovacs, 46 and Ladislav Gajdos, 43, respectively former senior buying manager and former buying manager of Tesco Stores Limited (Tesco Stores), jointly face one count of conspiracy for an agent to accept advantages, contrary to Section 9(1)(a) of the Prevention of Bribery Ordinance (POBO) and Section 159A of the Crimes Ordinance.Chen Jinqun, 57, operator of Handwin Toys Industrial Co., Limited (Handwin), faces three charges – one of conspiracy to offer advantages to an agent and two of offering an advantage to an agent, contrary to Section 9(2)(a) of the POBO and Section 159A of the Crimes Ordinance.The alleged offences took place between June 2010 and January 2020. At the material time, Kovacs and Gajdos were working in the buying team of Tesco Stores in the United Kingdom. Tesco Stores and Tesco International Sourcing Limited (Tesco Sourcing) in Hong Kong were both subsidiaries of multinational groceries retailer Tesco PLC. Kovacs and Gajdos were responsible for selecting toy and groceries suppliers for Tesco PLC based on the recommendations made by the sourcing team of Tesco Sourcing. Handwin was one of the toy suppliers.It is alleged that in 2011, Kovacs suggested to Pang Chun-kin, then sourcing manager of Tesco Sourcing, to solicit rebates from Chen, who was the operator of Handwin. Gajdos was alleged to have participated in the corrupt dealings since around mid-2012.The charge against Kovacs and Gajdos alleges that the duo conspired with Pang for the trio to, without lawful authority or reasonable excuse, receive illegal rebates totalling over US$708,000 (over HK$5.5 million) from Chen for causing Tesco Sourcing to place orders with Handwin.Meanwhile, Chen has allegedly conspired with Kovacs, Gajdos and Pang to offer the above illegal rebates to the trio, and Chen has allegedly offered two loans totalling US$200,000 (about HK$1.56 million) to Pang for the same purpose.ICAC investigation revealed that Tesco Sourcing had placed toy orders worth totalling over US$26 million (over HK$205 million) with Handwin between March 2011 and January 2018.Legal advice received from the Department of Justice earlier advises charging Kovacs, Gajdos and Chen. As the trio are not in Hong Kong, warrants for the arrest of them were issued by a Magistrate on Monday (February 6) upon the application made by the ICAC.Pang was earlier charged by the ICAC with bribery. He was sentenced to three years’ imprisonment at the District Court in July 2021 following his guilty plea.Tesco PLC, Tesco Stores and Tesco Sourcing have rendered full assistance to the ICAC during its investigation into the case. 09
Feb 2023Security 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.