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Oct 2024Company proprietor charged by ICAC gets 22 months’ jail for $3.1m SME guaranteed loan fraudA company proprietor, charged by the ICAC, was today (October 8) sentenced to an imprisonment of 22 months at the District Court after admitting that he had deceived a bank into approving a loan of $3.1 million under the Special 100% Loan Guarantee (SLG) scheme by making false representations concerning the company’s contributions to the employees’ Mandatory Provident Fund (MPF).Arri Wong Ka-nam, 55, proprietor of 24 Hr Locksmith, today pleaded guilty to one count of conspiracy to defraud, contrary to the Common Law. In sentencing, Deputy Judge Mr Cheng Lim-chi remarked that fraud was a serious offence. He took a starting point of an imprisonment of 36 months and reduced the jail term to 22 months having considered the defendant’s guilty plea and other mitigating factors.The court heard that in April 2020, as one of the relief measures of the government, HKMC Insurance Limited (HKMCI) launched the SLG under the Small and Medium Enterprise (SME) Financing Guarantee Scheme to ease SMEs’ cash flow pressure during the pandemic.Standard Chartered Bank (Hong Kong) Limited (Standard Chartered Bank) was one of the participating lenders under the scheme. After confirming an application received was legitimate, the bank would forward the application to HKMCI for final review and approval to grant a guarantee.In September 2020, the defendant submitted an SLG loan application to Standard Chartered Bank, supported by false MPF statements which purportedly showed that 24 Hr Locksmith had made monthly contributions of $19,000 for its seven employees to an MPF trustee in Hong Kong.Standard Chartered Bank subsequently found that the loan application was suspicious and hence did not forward it to HKMCI for final approval. As a result, 24 Hr Locksmith had not been approved of the facility concerned.The ICAC investigation, which arose from a corruption complaint, revealed that 24 Hr Locksmith had never held any account with the MPF trustee nor made any MPF contributions for its employees.HKMCI, Standard Chartered Bank and the MPF trustee concerned 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 Kiki Chu. 07
Oct 2024Four charged by ICAC for conspiracy to defraud over $3.2m payroll of ‘ghost workers’ in supermarket chainThe ICAC today (October 7) charged a then-senior supervisor of a supermarket chain and three then contractor or casual workers for allegedly conspiring together to deceive the supermarket chain of wages totalling over $3.2 million in two years by using attendance records of “ghost workers”.The defendants are Lau Kin-pong, 42, former senior supervisor of PARKnSHOP (HK) Limited (PARKnSHOP); Tai Kin-man, 41, former assistant manager of Earnward Warehouse Limited (Earnward Warehouse); Wong Wai-fung, 25; and Wong Pak-kan, 26, both former casual workers of PARKnSHOP contractor. They jointly face one count of conspiracy to defraud, contrary to Common Law. They were released on ICAC bail, pending their appearance at the Shatin Magistrates’ Courts on Wednesday (October 9) for mention. The prosecution will apply for transferring the case to the District Court.Supermarket chain PARKnSHOP operated a product distribution center in Fo Tan, which was responsible for sorting and packaging online orders for distribution to customers. PARKnSHOP hired a contractor, Logistics Network Management Limited (Logistics Network), to provide casual workers for the distribution center, while Earnward Warehouse was responsible for supervising the operation of Logistics Network.At the material time, Lau Kin-pong was the senior supervisor of PARKnSHOP responsible for handling the administrative duties of the distribution center. Tai Kin-man was the assistant manager of Earnward Warehouse responsible for verifying casual workers’ attendance. Wong Wai-fung and Wong Pak-kan were casual workers hired by Logistics Network for recruiting and overseeing other causal workers at the distribution center. Logistics Network required all casual workers to clock their time cards when reporting duty and getting off work, and to sign on a daily attendance sheet to verify their on-duty time.The alleged offence took place between June 2019 and April 2021. The four defendants were alleged to have conspired with two other persons to defraud PARKnSHOP by falsely representing to the supermarket that 13 casual workers had worked at the distribution center for the working hours shown on their respective attendance records, inducing PARKnSHOP to release wages totalling over $3.2 million for the workers.The ICAC investigation, which arose from a corruption complaint, revealed that the defendants allegedly rented an office near the distribution center and purchased a clocking machine of the same model used in the distribution center. They allegedly fabricated the attendance records of the 13 “ghost workers” to deceive the distribution centre of wages and shared the fraudulent gains. Enquiries also revealed that the 13 casual workers concerned had not worked at the center at the material time and they had not received any wages. Their signatures on the daily attendance sheets were forged and they did not sign on any wage acknowledgements.PARKnSHOP has rendered full assistance to the ICAC during its investigation into the case. 02
Oct 2024Ex-director of electronics assembly equipment manufacturer and merchant charged by ICAC for alleged $6m bribery dealThe ICAC today (October 2) charged a former director of an electronics assembly equipment manufacturer and a merchant for allegedly striking a deal with a shareholder of a technology firm to accept bribes totalling over $6 million from the latter for assisting the technology firm to be engaged as an electronics assembly equipment distributor.Lau Wai-leung, 49, former sales director of ASMPT Hong Kong Limited (formerly named as ASM Pacific (Hong Kong) Limited) (ASMPT); and Terry Wong Yuk-yan, 46, merchant, jointly face one count 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.The defendants were released on ICAC bail, pending their appearance at the Eastern Magistrates’ Courts tomorrow (October 3) for mention. The prosecution will submit an application for transferring the case to the District Court for plea.ASMPT was a company under a group which was a manufacturer of electronics assembly equipment (collectively referred to as ASMPT). ASMPT engaged in sales of the group’s electronics assembly equipment products to customers in the Mainland and the Greater China Region. In addition to direct sales of the group’s products to customers, since 2019, ASMPT also engaged distributors to sell its products.The alleged offence took place between January 2019 and January 2023. At the material time, Lau was a sales director of ASMPT responsible for sales of ASMPT’s products and handling matters in relation to distributors. He left the company in January 2023. Meanwhile, Wong, a merchant, allegedly played the role of a middleman in the case.The charge alleges that the defendants conspired together for Lau to accept bribes totalling over $6 million from a shareholder of a technology firm for assisting the firm to be selected as a distributor of ASMPT.The ICAC investigation arose from a corruption complaint concerning ASMPT’s distributors. Enquiries revealed that Lau had allegedly reached the bribery agreement with the technology firm shareholder through Wong. According to the bribery agreement, the shareholder of the technology firm had allegedly offered Lau bribe money equivalent to 20 per cent of the firm’s sales profit as a reward. Inquiries revealed that since the technology firm was engaged as ASMPT’s distributor, the firm had sold over 1,000 sets of ASMPT’s electronics assembly equipment, involving bribes amounting to a total of over $6 million.ASMPT has rendered full assistance to the ICAC during its investigation into the case. ASMPT prohibited its staff members from soliciting or accepting advantages from others in relation to ASMPT’s business and affairs. 25
Sep 2024Insurance agent charged by ICAC gets 10 months’ jail for swindling commissions over bogus policiesAn insurance agent, charged by ICAC, was today (September 25) sentenced to 10 months’ imprisonment at the Eastern Magistrates’ Courts for defrauding the company of commissions, bonuses and other payments totalling over $650,000 by providing false information in insurance policy applications.Lee Hon-yin, 28, former business manager of China Taiping Life Insurance (Hong Kong) Company Limited (China Taiping), earlier pleaded guilty to two counts of fraud, contrary to section 16A(1) of the Theft Ordinance. He was today sentenced by Principal Magistrate Mr Don So Man-lung to a jail term of 10 months.At the material time, the defendant was a business manager of China Taiping. China Taiping required all its agents to explain the terms and conditions of relevant insurance policies to their clients in-person when selling an insurance product. The company prohibited its agents from providing any false information about the policyholder and the identity of the handling agent. China Taiping would issue commissions, bonuses and other payments to the handling agent upon the approval of a policy application and receipt of the premium.The court heard that in July 2021, China Taiping received two insurance policy applications purportedly taken out by a client and sold by the defendant. Believing the information on the application forms was true and the applications were genuinely taken out by the client, China Taiping hence approved the applications and released the commissions, bonuses and other payments totalling over $650,000 to the defendant.The ICAC investigation arose from a corruption complaint in relation to the insurance policies concerned. Enquiries revealed that the client did not know the defendant. She did not apply for the above-mentioned insurance policies, nor did she pay premiums for the policies. Her personal information on the application forms was also false.Enquiries also revealed that after China Taiping had released the commissions, bonuses and other payments to the defendant, both insurance policies eventually lapsed due to default of payment on further premiums.China Taiping had rendered full assistance to the ICAC during its investigation into the case.Co-defendant Chau Yui-kwan, 34, former assistant unit manager of China Taiping, faced one count of forgery, contrary to section 71 of the Crimes Ordinance. The case was adjourned to November 6 for plea at the Eastern Magistrates’ Courts.The prosecution was today represented by Senior Public Prosecutor Steven Liu, assisted by ICAC officer Ryan Ku. 20
Sep 2024Ex-manager of FEHD contractor charged by ICAC gets 160 hours of community service for extorting $38,000 in wages from cleaning workers by deceitA former manager of a cleaning service contractor of the Food and Environmental Hygiene Department (FEHD), charged by the ICAC, was today (September 20) sentenced to 160 hours of community service at the Kwun Tong Magistrates’ Courts for deceiving three subordinate cleaning workers into returning wage differences 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), earlier pleaded guilty to three counts of fraud, contrary to section 16A of the Theft Ordinance. He was also earlier ordered to make a compensation of over $38,000 to the three cleaning workers, equivalent to the total amount of which the defendant had pocketed from them.In sentencing, Magistrate Miss Lau Suk-han remarked that the defendant committed the crime out of greed and the case was serious. The magistrate added that the workers did not earn much and the defendant was literally “snatching from the beggar’s bowl”. Considering that the defendant was remorseful, the magistrate hence imposed a community service order on him.The court heard that 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, made false representations to three cleaning workers concerned that they were employed and paid as casual workers. Subsequently, the defendant falsely represented to the three workers that Sparkle had miscalculated their wages, and deceived the trio into returning part of their wages, totalling over $38,000, to him.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 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.The prosecution was today represented by ICAC officers Zacky Chan and Alex Fu.
Oct 2024Company proprietor charged by ICAC gets 22 months’ jail for $3.1m SME guaranteed loan fraudA company proprietor, charged by the ICAC, was today (October 8) sentenced to an imprisonment of 22 months at the District Court after admitting that he had deceived a bank into approving a loan of $3.1 million under the Special 100% Loan Guarantee (SLG) scheme by making false representations concerning the company’s contributions to the employees’ Mandatory Provident Fund (MPF).Arri Wong Ka-nam, 55, proprietor of 24 Hr Locksmith, today pleaded guilty to one count of conspiracy to defraud, contrary to the Common Law. In sentencing, Deputy Judge Mr Cheng Lim-chi remarked that fraud was a serious offence. He took a starting point of an imprisonment of 36 months and reduced the jail term to 22 months having considered the defendant’s guilty plea and other mitigating factors.The court heard that in April 2020, as one of the relief measures of the government, HKMC Insurance Limited (HKMCI) launched the SLG under the Small and Medium Enterprise (SME) Financing Guarantee Scheme to ease SMEs’ cash flow pressure during the pandemic.Standard Chartered Bank (Hong Kong) Limited (Standard Chartered Bank) was one of the participating lenders under the scheme. After confirming an application received was legitimate, the bank would forward the application to HKMCI for final review and approval to grant a guarantee.In September 2020, the defendant submitted an SLG loan application to Standard Chartered Bank, supported by false MPF statements which purportedly showed that 24 Hr Locksmith had made monthly contributions of $19,000 for its seven employees to an MPF trustee in Hong Kong.Standard Chartered Bank subsequently found that the loan application was suspicious and hence did not forward it to HKMCI for final approval. As a result, 24 Hr Locksmith had not been approved of the facility concerned.The ICAC investigation, which arose from a corruption complaint, revealed that 24 Hr Locksmith had never held any account with the MPF trustee nor made any MPF contributions for its employees.HKMCI, Standard Chartered Bank and the MPF trustee concerned 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 Kiki Chu. 07
Oct 2024Four charged by ICAC for conspiracy to defraud over $3.2m payroll of ‘ghost workers’ in supermarket chainThe ICAC today (October 7) charged a then-senior supervisor of a supermarket chain and three then contractor or casual workers for allegedly conspiring together to deceive the supermarket chain of wages totalling over $3.2 million in two years by using attendance records of “ghost workers”.The defendants are Lau Kin-pong, 42, former senior supervisor of PARKnSHOP (HK) Limited (PARKnSHOP); Tai Kin-man, 41, former assistant manager of Earnward Warehouse Limited (Earnward Warehouse); Wong Wai-fung, 25; and Wong Pak-kan, 26, both former casual workers of PARKnSHOP contractor. They jointly face one count of conspiracy to defraud, contrary to Common Law. They were released on ICAC bail, pending their appearance at the Shatin Magistrates’ Courts on Wednesday (October 9) for mention. The prosecution will apply for transferring the case to the District Court.Supermarket chain PARKnSHOP operated a product distribution center in Fo Tan, which was responsible for sorting and packaging online orders for distribution to customers. PARKnSHOP hired a contractor, Logistics Network Management Limited (Logistics Network), to provide casual workers for the distribution center, while Earnward Warehouse was responsible for supervising the operation of Logistics Network.At the material time, Lau Kin-pong was the senior supervisor of PARKnSHOP responsible for handling the administrative duties of the distribution center. Tai Kin-man was the assistant manager of Earnward Warehouse responsible for verifying casual workers’ attendance. Wong Wai-fung and Wong Pak-kan were casual workers hired by Logistics Network for recruiting and overseeing other causal workers at the distribution center. Logistics Network required all casual workers to clock their time cards when reporting duty and getting off work, and to sign on a daily attendance sheet to verify their on-duty time.The alleged offence took place between June 2019 and April 2021. The four defendants were alleged to have conspired with two other persons to defraud PARKnSHOP by falsely representing to the supermarket that 13 casual workers had worked at the distribution center for the working hours shown on their respective attendance records, inducing PARKnSHOP to release wages totalling over $3.2 million for the workers.The ICAC investigation, which arose from a corruption complaint, revealed that the defendants allegedly rented an office near the distribution center and purchased a clocking machine of the same model used in the distribution center. They allegedly fabricated the attendance records of the 13 “ghost workers” to deceive the distribution centre of wages and shared the fraudulent gains. Enquiries also revealed that the 13 casual workers concerned had not worked at the center at the material time and they had not received any wages. Their signatures on the daily attendance sheets were forged and they did not sign on any wage acknowledgements.PARKnSHOP has rendered full assistance to the ICAC during its investigation into the case. 02
Oct 2024Ex-director of electronics assembly equipment manufacturer and merchant charged by ICAC for alleged $6m bribery dealThe ICAC today (October 2) charged a former director of an electronics assembly equipment manufacturer and a merchant for allegedly striking a deal with a shareholder of a technology firm to accept bribes totalling over $6 million from the latter for assisting the technology firm to be engaged as an electronics assembly equipment distributor.Lau Wai-leung, 49, former sales director of ASMPT Hong Kong Limited (formerly named as ASM Pacific (Hong Kong) Limited) (ASMPT); and Terry Wong Yuk-yan, 46, merchant, jointly face one count 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.The defendants were released on ICAC bail, pending their appearance at the Eastern Magistrates’ Courts tomorrow (October 3) for mention. The prosecution will submit an application for transferring the case to the District Court for plea.ASMPT was a company under a group which was a manufacturer of electronics assembly equipment (collectively referred to as ASMPT). ASMPT engaged in sales of the group’s electronics assembly equipment products to customers in the Mainland and the Greater China Region. In addition to direct sales of the group’s products to customers, since 2019, ASMPT also engaged distributors to sell its products.The alleged offence took place between January 2019 and January 2023. At the material time, Lau was a sales director of ASMPT responsible for sales of ASMPT’s products and handling matters in relation to distributors. He left the company in January 2023. Meanwhile, Wong, a merchant, allegedly played the role of a middleman in the case.The charge alleges that the defendants conspired together for Lau to accept bribes totalling over $6 million from a shareholder of a technology firm for assisting the firm to be selected as a distributor of ASMPT.The ICAC investigation arose from a corruption complaint concerning ASMPT’s distributors. Enquiries revealed that Lau had allegedly reached the bribery agreement with the technology firm shareholder through Wong. According to the bribery agreement, the shareholder of the technology firm had allegedly offered Lau bribe money equivalent to 20 per cent of the firm’s sales profit as a reward. Inquiries revealed that since the technology firm was engaged as ASMPT’s distributor, the firm had sold over 1,000 sets of ASMPT’s electronics assembly equipment, involving bribes amounting to a total of over $6 million.ASMPT has rendered full assistance to the ICAC during its investigation into the case. ASMPT prohibited its staff members from soliciting or accepting advantages from others in relation to ASMPT’s business and affairs. 25
Sep 2024Insurance agent charged by ICAC gets 10 months’ jail for swindling commissions over bogus policiesAn insurance agent, charged by ICAC, was today (September 25) sentenced to 10 months’ imprisonment at the Eastern Magistrates’ Courts for defrauding the company of commissions, bonuses and other payments totalling over $650,000 by providing false information in insurance policy applications.Lee Hon-yin, 28, former business manager of China Taiping Life Insurance (Hong Kong) Company Limited (China Taiping), earlier pleaded guilty to two counts of fraud, contrary to section 16A(1) of the Theft Ordinance. He was today sentenced by Principal Magistrate Mr Don So Man-lung to a jail term of 10 months.At the material time, the defendant was a business manager of China Taiping. China Taiping required all its agents to explain the terms and conditions of relevant insurance policies to their clients in-person when selling an insurance product. The company prohibited its agents from providing any false information about the policyholder and the identity of the handling agent. China Taiping would issue commissions, bonuses and other payments to the handling agent upon the approval of a policy application and receipt of the premium.The court heard that in July 2021, China Taiping received two insurance policy applications purportedly taken out by a client and sold by the defendant. Believing the information on the application forms was true and the applications were genuinely taken out by the client, China Taiping hence approved the applications and released the commissions, bonuses and other payments totalling over $650,000 to the defendant.The ICAC investigation arose from a corruption complaint in relation to the insurance policies concerned. Enquiries revealed that the client did not know the defendant. She did not apply for the above-mentioned insurance policies, nor did she pay premiums for the policies. Her personal information on the application forms was also false.Enquiries also revealed that after China Taiping had released the commissions, bonuses and other payments to the defendant, both insurance policies eventually lapsed due to default of payment on further premiums.China Taiping had rendered full assistance to the ICAC during its investigation into the case.Co-defendant Chau Yui-kwan, 34, former assistant unit manager of China Taiping, faced one count of forgery, contrary to section 71 of the Crimes Ordinance. The case was adjourned to November 6 for plea at the Eastern Magistrates’ Courts.The prosecution was today represented by Senior Public Prosecutor Steven Liu, assisted by ICAC officer Ryan Ku. 20
Sep 2024Ex-manager of FEHD contractor charged by ICAC gets 160 hours of community service for extorting $38,000 in wages from cleaning workers by deceitA former manager of a cleaning service contractor of the Food and Environmental Hygiene Department (FEHD), charged by the ICAC, was today (September 20) sentenced to 160 hours of community service at the Kwun Tong Magistrates’ Courts for deceiving three subordinate cleaning workers into returning wage differences 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), earlier pleaded guilty to three counts of fraud, contrary to section 16A of the Theft Ordinance. He was also earlier ordered to make a compensation of over $38,000 to the three cleaning workers, equivalent to the total amount of which the defendant had pocketed from them.In sentencing, Magistrate Miss Lau Suk-han remarked that the defendant committed the crime out of greed and the case was serious. The magistrate added that the workers did not earn much and the defendant was literally “snatching from the beggar’s bowl”. Considering that the defendant was remorseful, the magistrate hence imposed a community service order on him.The court heard that 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, made false representations to three cleaning workers concerned that they were employed and paid as casual workers. Subsequently, the defendant falsely represented to the three workers that Sparkle had miscalculated their wages, and deceived the trio into returning part of their wages, totalling over $38,000, to him.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 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.The prosecution was today represented by ICAC officers Zacky Chan and Alex Fu.