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Ethical Decision MakingRecent ICAC Cases
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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. 08
Aug 2022Two 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”
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. 08
Aug 2022Two 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”