Recent ICAC Cases


07
Mar 2024
ICAC charges ex-ED of Insurance Authority with misconduct in public office over daughter-in-law’s hiring by insurerA then Executive Director of the Insurance Authority (IA) and her daughter-in-law were charged by the ICAC today (March 7) with conspiracy to commit misconduct in public office (MIPO) by allegedly coercing and inducing an insurance company to hire the daughter-in-law with an enhanced salary package.Hui Mei-ying, 61, former Executive Director and a member of the IA Board, and her daughter-in-law Chan Tsz-wai, 32, jointly face one count of conspiracy to commit MIPO, contrary to Common Law and Section 159A of the Crimes Ordinance. Hui further faces an alternative charge of MIPO.The duo were released on ICAC bail, pending their appearance in the Eastern Magistrates’ Courts tomorrow (March 8) for mention.The IA is a statutory body regulating and supervising insurance industry and all members of its Board are appointed by the Chief Executive. Executive Directors of the IA are required to observe the “Code of Conduct for Authority Members” and “Employee Handbook”. They are prohibited from using their official positions in a manner that is intended to coerce or induce another person to provide any benefit to them or their relatives or friends; and should avoid and declare any conflict of interest.At the material time, Hui was the Executive Director, Long Term Business, of the IA cum a member of the IA Board. She oversaw the supervision and regulation of insurance companies carrying on long term business in Hong Kong, including Prudential Plc and Prudential Hong Kong Limited (collectively known as Prudential). Her daughter-in-law, Chan, was a digital consultant.It is alleged that between September 2022 and March 2023, Hui and Chan conspired together for Hui, in the course of or in relation to Hui’s public office, without reasonable excuse or justification, to wilfully misconduct herself by using her official position in a manner that was intended to coerce or induce Prudential to offer employment to Chan with an enhanced salary package.Apart from HUI’s misuse of her official position, the alternative charge also alleges that Hui had failed to avoid and declare to the IA a conflict of interest.The IA referred the case to the ICAC after receiving a report on the matter filed by Prudential. The ICAC investigation revealed that Hui allegedly sent Chan’s curriculum vitae to a senior executive of Prudential to explore a job opportunity for Chan. When Chan and Prudential were discussing her salary package, Hui made negative comments to Prudential’s senior management on its failure to hire the right talents with market salaries. Hui added that if the issue was not properly addressed, she would exercise IA’s supervision power to institute a review on Prudential’s operation which could cause Prudential millions of dollars.The ICAC investigation also revealed that Chan, who was earning about $960,000 annually at the material time, demanded a 30% increase of her salary to $1.3 million from Prudential. When Chan was discussing her salary package with Prudential, she also allegedly told an employee of Prudential that she could help Prudential maintain a good relationship with the IA and that she could share insider information of the IA with Prudential. Prudential subsequently terminated the employment process in view of the potential conflict of interest.The IA and Prudential have rendered full assistance to the ICAC during its investigation into the case.The ICAC reminds public officers that the powers which they are entrusted with should be used to serve the public good. They should uphold a high standard of integrity and discharge their duties honestly and impartially, and should never abuse their official capacity to obtain benefits for themselves, their relatives or friends.
04
Mar 2024
Policyholder in $37.5m critical illness insurance compensation scam charged by ICAC gets 32 months’ jailThe ICAC had earlier charged five people in separate cases for their roles in a $37.5 million critical illness insurance compensation scam in which an insurance agent arranged cancer patients to pose as policyholders to undergo medical examinations at clinical institutions to obtain medical certificates. Following the guilty pleas and jail sentences of four defendants, the last defendant in the cases, a policyholder, was sentenced to 32 months’ imprisonment after pleading guilty to conspiracy to defraud at the District Court today (March 4).Liao Xiaoyi, 45, designer, pleaded guilty to two counts of conspiracy to defraud, contrary to the Common Law.In sentencing, Deputy District Judge Mr Cheang Kei-hong said Liao Xiaoyi played an indispensable role in the scam even though she did not participate in planning it. The court had to mete out a deterrent sentence in view of the seriousness of the offences involved.The court heard that in May 2017, Liao Xiaoyi took out a critical illness insurance policy with AIA International Limited (AIA) through then insurance agent Wong Ka-keung and made claim applications subsequently.The ICAC investigation arose from a corruption complaint in relation to the claim applications which revealed that in November 2019, Liao Xiaoyi’s elder sister was diagnosed with ovarian cancer. Between November 2019 and February 2020, the elder sister posed as Liao Xiaoyi to undergo medical examinations or treatments at two clinical institutions under the arrangement of Wong, so as to facilitate Liao Xiaoyi to file claims with AIA. The claims were eventually declined or withheld as AIA found them suspicious.Enquiries also revealed that Liao Xiaoling, the younger sister of Liao Xiaoyi, had incited Wong to make two false certificates of sickness claiming that their elder sister suffered from another illness and was granted a total of 390 sick leave days by a medical doctor.AIA had rendered full assistance to the ICAC during its investigation.The prosecution was today represented by Senior Public Prosecutor Audrey Parwani, assisted by ICAC officer Jeff Chow.The ICAC had earlier charged Wong, Liao Xiaoling and two other persons with conspiracy to defraud, forgery and incitement to commit forgery. Wong and the duo were sentenced to jail terms ranging from four and a half years to six years and four months at the Court of First Instance of the High Court last week following their guilty pleas. Meanwhile, Liao Xiaoling pleaded guilty to her charges and was sentenced to four months’ imprisonment in the Eastern Magistrates’ Courts last November.The ICAC reminds members of public and policyholders not to take part in any insurance-related corrupt and illegal activities while insurance intermediaries should uphold integrity. The ICAC collaborated with the insurance industry to compile the “Corruption Prevention Guide for Insurance Companies” which assisted insurance companies in building and strengthening their corruption prevention capabilities in key operational areas such as claims verification. The ICAC will continue to collaborate with the industry in providing integrity training to insurance intermediaries. Information is available at the “Ethics Promotion Website for the Insurance Industry” produced by the Hong Kong Business Ethics Development Centre.
04
Mar 2024
Property manager and wife charged by ICAC face five additional charges for stealing $11m minor works payments of three estatesThe ICAC had earlier charged a then property manager of a property management company and his wife for allegedly stealing minor works payments of a public housing estate totalling over $530,000. The duo, appearing at the Kowloon City Magistrates’ Courts for mention today (March 4), were laid with three additional charges of theft and two of money-laundering involving over $11 million in relation a public housing estate and two Home Ownership Scheme (HOS) estates.Lee Ho-yin, 45, former regional manager of Easy Living Consultant Limited (Easy Living), and his wife Bianca Ho Sin-wan, 43, were earlier charged with one count of theft, contrary to Section 9 of the Theft Ordinance.Magistrate Mr Philip Chan Chee-fai today allowed the prosecution’s application to amend the indictment. Lee currently faced four counts of theft while Ho faced two counts of dealing with property known or reasonably believed to represent proceeds of an indictable offence, contrary to Section 25(1) of the Organized and Serious Crimes Ordinance.No plea was entered today. The magistrate adjourned their case to May 27 for mention and granted bail to the duo.At the material time, Easy Living provided property management services to Lower Wong Tai Sin (2) Estate, a public housing estate, and two HOS estates in Yau Tong, namely Ko Cheung Court and Yau Mei Court. Lee was originally a senior property manager of Easy Living posted to Lower Wong Tai Sin (2) Estate. After he was promoted to regional manager in mid-2021, he was also in charge of the services provided to Ko Cheung Court and Yau Mei Court.Easy Living operated various bank accounts for settling maintenance works and recurring expenses for the three estates. To withdraw funds less than $60,000 from those bank accounts, joint signatures of two authorised signatories of the company were required. Lee was one of the authorised signatories.The four theft charges alleged that between May 2019 and May 2022, Lee stole sums totalling over $11 million from those bank accounts.The remaining two charges alleged that during the same period, Ho dealt with two sums totalling about $7.7 million, knowing or believing that they represented proceeds of indictable offence.The ICAC investigation stemmed from a corruption complaint concerning the above works payments. Enquiries revealed that during the abovementioned period, Lee caused Easy Living to issue 319 cheques to settle various minor works payments of the three estates by fraudulent means. Cheques in the sum ranging from about $1,900 to $58,000 each were eventually deposited into the personal bank accounts of the couple.The Housing Department and Easy Living had rendered full assistance to the ICAC during its investigation into the case.The prosecution was today represented by ICAC officer Winnie Fung.The ICAC attaches great importance to the ethical standard of the property management sector. Through the Programme on Professional Property Management with Integrity, the ICAC provides integrity training with diversified anti-corruption training materials to the practitioners. To further enhance the corruption prevention capabilities of the sector, the ICAC has recently launched the Corruption Prevention Guide for Property Management Companies to assist property management companies in strengthening their internal control measures for managing corruption risks, including financial and account management. All information is available at the Integrity and Quality Building Management website.
01
Mar 2024
Trio charged by ICAC jailed up to six years and four months over $37.5m critical illness insurance compensation fraudAn insurance agent and two others, charged by the ICAC, were today (March 1) sentenced to jail terms ranging from four and a half years to six years and four months at the Court of First Instance of the High Court for their roles in a $37.5 million critical illness insurance compensation scam revealed in a graft probe. Cancer patients were posed in the scam as policyholders to undergo medical examinations at clinical institutions to obtain medical certificates.Wong Ka-keung, 45, former insurance agent of AIA International Limited (AIA), received a jail term of six years and four months; Lo Chun-kit, 45, driver; and Leung Wai-kin, 42, renovation worker, were respectively jailed for five years and four and a half years.In sentencing, Madam Justice Anna Lai Yuen-kee said Wong was the mastermind of the scam spanning over three years and reprimanded his serious breach of trust which caused substantial financial loss to the insurer, adding that his culpability should be reflect in the length of sentence. Lo and Leung also played essential roles in the scam, although they were less culpable.The trio earlier pleaded guilty to two counts of conspiracy to defraud, contrary to Common Law. Wong further admitted four similar offences and three counts of forgery, contrary to Section 71 of the Crimes Ordinance.The court heard that since mid-December 2017, Wong and Lo had been discussing how to make false insurance claims for Lo. They agreed that Lo would take out a high coverage critical illness policy while the premium would be paid by Wong. Lo subsequently took out two insurance policies from AIA through Wong.Wong and Lo then recruited Leung, who was a lymphoma patient, through middlemen to pose as Lo to attend medical examinations at various clinical institutions. After obtaining the required medical certificates confirming that Lo was diagnosed with cancer, critical illness and medical expenses claims were made to AIA, resulting in payments totalling over $9.8 million.Upon receiving the compensations, Lo passed about $7 million to Wong. Apart from enjoying 37 sessions of free medical examinations or treatments, Leung received $32,000 from Wong.ICAC investigation also revealed that Wong deployed similar fraudulent means to arrange other patients diagnosed with throat, breast, stomach and ovarian cancer to pose as him and two other policyholders to undergo examinations at various clinical institutions, so as to facilitate Wong and the two policyholders to file critical illness and medical expenses claims with AIA in relation to eight insurance policies handled by Wong for compensations totalling about $24.7 million.Wong also made three false certificates of sickness with the intention that one of the cancer patients could use them to apply for a two-year sick leave with her employer.AIA had rendered full assistance to the ICAC during its investigation.The prosecution was today represented by Senior Public Prosecutor Audrey Parwani, assisted by ICAC officers Jeff Chow and Romeo Chu.The ICAC had earlier charged one of the policyholders Liao Xiaoyi and her younger sister Liao Xiaoling in separate cases. Liao Xiaoling was sentenced to four months’ imprisonment at the Eastern Magistrates’ Courts last October after pleading guilty to two counts of incitement to commit forgery. Liao Xiaoyi, who faced two counts of conspiracy to defraud, will appear at the District Court for mention next Monday (March 4).The ICAC reminds insurance intermediaries to uphold integrity while members of public and policyholders should not take part in any insurance-related corrupt and illegal activities. The ICAC collaborated with the insurance industry to compile the “Corruption Prevention Guide for Insurance Companies” which assisted insurance companies in building and strengthening their corruption prevention capabilities in key operational areas such as claims verification. The ICAC will continue to collaborate with the industry in providing integrity training to insurance intermediaries. Information is available at the “Ethics Promotion Website for the Insurance Industry” produced by the Hong Kong Business Ethics Development Centre.
01
Mar 2024
Bakery employee charged by ICAC jailed for three and a half months for theft revealed in graft probeOne of two then employees of a bakery, charged by the ICAC, was today (March 1) sentenced to three and a half months’ imprisonment at the Shatin Magistrates’ Courts after the duo pleaded guilty to conspiracy to steal a total of over $110,000 from a branch. The offence was revealed in the course of a graft probe.Fung Tat-yan, 21, and Cheung Cho-man, 22, respectively former part-time salesperson and salesperson of A-1 Bakery Company (Hong Kong) Limited (A-1 Bakery), pleaded guilty to one count of conspiracy to steal, contrary to Section 9 of the Theft Ordinance and Section 159A of the Crimes Ordinance.Fung was sentenced to immediate imprisonment of three and a half months while Cheung was remanded in custody of the Correctional Services Department until March 15 for sentence, pending her community service order report.In sentencing, Acting Principal Magistrate Ms Amy Chan Wai-mun reprimanded the defendants for breaching the trust placed in them and committing a crime, which was serious in nature and premeditated.At the material time, both defendants worked at a branch of A-1 Bakery in Shatin, responsible for its daily operation. Its customers could pay electronically or pay in cash.The ICAC investigation arose from a corruption complaint. Enquiries revealed that on various occasions, the duo voided the transactions of customers in the point-of-sales system to steal the relevant cash and pocketed the cash paid by customers without inputting any transaction records. They also launched a “buy-one-get-one-free for cash payment only” promotional offer by themselves to pocket more cash.It was also revealed that between April and May 2023, the duo pocketed several thousand dollars each day, totalling over $110,000. They fully repaid A-1 Bakery after being terminated.A-1 Bakery had rendered full assistance to the ICAC during its investigation into the case.The prosecution was today represented by ICAC officer James Law.

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