Bank manager and two others charged by ICAC for bribery over account opening
2022-2-24
A bank manager and two intermediary company representatives were charged by the ICAC yesterday (February 23) for allegedly offering and accepting bribes totalling over $100,000 for assisting non-domestic clients to open personal and corporate accounts with three local banks, and using copies of false instruments to falsely represent that the clients were in Hong Kong when they made account opening applications.
The ICAC investigation arose from corruption complaints. Upon completion of the investigation, the ICAC sought legal advice from the Department of Justice, which advised pressing charges against the trio.
Lai Chee-wai, 38, senior relationship manager of The Bank of East Asia, Limited (BEA); Chen Baicai, 25, business consultant of Hongkong Hechuang Business Secretary Limited (HKHBS); and Ke Yingying, 35, operator of Hong Kong Chiying Consulting Co., Limited (HKCC); face a total of 15 charges.
Lai and Chen face a total of 13 bribery charges – three of offering an advantage to an agent, contrary to Section 9(2)(a) of the Prevention of Bribery Ordinance (POBO); one of conspiracy to offer an advantage to an agent, contrary to Section 9(2)(a) of the POBO and Section 159A of the Crimes Ordinance; one of agent accepting an advantage, contrary to Section 9(1)(a) of the POBO; and eight of conspiracy for an agent to accept advantages, contrary to Section 9(1)(a) of the POBO and Section 159A of the Crimes Ordinance.
Lai and Ke further face one count of conspiracy to use copies of false instruments, contrary to Sections 74 and 159A of the Crimes Ordinance. Lai alone further face a similar offence.
The defendants were released on ICAC bail, pending their court appearance in the Eastern Magistrates’ Courts tomorrow (February 25) for the case to be transferred to the District Court for plea.
At the material time, Lai was a senior relationship manager of BEA posted to its Admiralty Branch. His duties included opening accounts for clients. HKHBS and HKCC were intermediary companies proving secretarial services to clients. Chen was a business consultant of HKHBS while Ke was an operator of HKCC.
The alleged offences took place between December 2018 and March 2021. It is alleged that bribes totalling over $100,000 were offered and accepted in relation to at least 30 account opening applications.
Five of the charges allege that Lai and Chen conspired together for Lai to accept five bribes ranging from $1,000 to $12,000 from Chen for opening accounts at BEA for clients referred or to be referred by Chen, or for assisting BEA account holders to reset passwords of the relevant accounts for accessing online banking services.
Three other charges allege that Lai conspired together with three other operators or representatives of intermediary companies for Lai to accept three bribes ranging from $1,000 to $20,000 for opening accounts at BEA for the trio or clients referred by them. Another charge alleges that Lai accepted $1,000 from another person for opening an account at BEA for the latter.
Two other charges allege that Lai respectively conspired with Ke or another person to use 34 copies of false landing slips purportedly issued by the Immigration Department, with the intention to induce somebody to accept them as copies of genuine instruments.
BEA required corporate account applicants to attend its branches in person for due diligence purpose. It is alleged that copies of the false landing slips were attached as supporting documents in account opening applications submitted to BEA to falsely represent that the applicants were in Hong Kong when the applications were made. ICAC inquiries revealed that individuals involved in the false landing slips in fact had not visited Hong Kong on the dates as shown on the documents.
The four remaining charges allege that Chen alone or conspired with another person to offer four bribes ranging from $5,000 to $10,000 or unspecified amounts of money to three employee of The Hongkong and Shanghai Banking Corporation Limited (HSBC) posted to different branches and an employee of Hang Seng Bank Limited (Hang Seng Bank) for opening accounts at the two banks for clients to be referred by Chen. The four bank employees declined Chen’s offers immediately and reported the matter to their employers.
BEA, HSBC and Hang Seng Bank have rendered full assistance to the ICAC during its investigation into the case.
The ICAC has been actively promoting corruption prevention services to banks and enhancing banking practitioners’ knowledge on the anti-corruption laws. Bank staff are reminded that it is against the law for accepting bribes or submitting false documents when handling account opening applications. Information is available on Hong Kong Business Ethics Development Centre’s webpage: https://hkbedc.icac.hk/en/sector_industry/banking_and_finance.
The ICAC investigation arose from corruption complaints. Upon completion of the investigation, the ICAC sought legal advice from the Department of Justice, which advised pressing charges against the trio.
Lai Chee-wai, 38, senior relationship manager of The Bank of East Asia, Limited (BEA); Chen Baicai, 25, business consultant of Hongkong Hechuang Business Secretary Limited (HKHBS); and Ke Yingying, 35, operator of Hong Kong Chiying Consulting Co., Limited (HKCC); face a total of 15 charges.
Lai and Chen face a total of 13 bribery charges – three of offering an advantage to an agent, contrary to Section 9(2)(a) of the Prevention of Bribery Ordinance (POBO); one of conspiracy to offer an advantage to an agent, contrary to Section 9(2)(a) of the POBO and Section 159A of the Crimes Ordinance; one of agent accepting an advantage, contrary to Section 9(1)(a) of the POBO; and eight of conspiracy for an agent to accept advantages, contrary to Section 9(1)(a) of the POBO and Section 159A of the Crimes Ordinance.
Lai and Ke further face one count of conspiracy to use copies of false instruments, contrary to Sections 74 and 159A of the Crimes Ordinance. Lai alone further face a similar offence.
The defendants were released on ICAC bail, pending their court appearance in the Eastern Magistrates’ Courts tomorrow (February 25) for the case to be transferred to the District Court for plea.
At the material time, Lai was a senior relationship manager of BEA posted to its Admiralty Branch. His duties included opening accounts for clients. HKHBS and HKCC were intermediary companies proving secretarial services to clients. Chen was a business consultant of HKHBS while Ke was an operator of HKCC.
The alleged offences took place between December 2018 and March 2021. It is alleged that bribes totalling over $100,000 were offered and accepted in relation to at least 30 account opening applications.
Five of the charges allege that Lai and Chen conspired together for Lai to accept five bribes ranging from $1,000 to $12,000 from Chen for opening accounts at BEA for clients referred or to be referred by Chen, or for assisting BEA account holders to reset passwords of the relevant accounts for accessing online banking services.
Three other charges allege that Lai conspired together with three other operators or representatives of intermediary companies for Lai to accept three bribes ranging from $1,000 to $20,000 for opening accounts at BEA for the trio or clients referred by them. Another charge alleges that Lai accepted $1,000 from another person for opening an account at BEA for the latter.
Two other charges allege that Lai respectively conspired with Ke or another person to use 34 copies of false landing slips purportedly issued by the Immigration Department, with the intention to induce somebody to accept them as copies of genuine instruments.
BEA required corporate account applicants to attend its branches in person for due diligence purpose. It is alleged that copies of the false landing slips were attached as supporting documents in account opening applications submitted to BEA to falsely represent that the applicants were in Hong Kong when the applications were made. ICAC inquiries revealed that individuals involved in the false landing slips in fact had not visited Hong Kong on the dates as shown on the documents.
The four remaining charges allege that Chen alone or conspired with another person to offer four bribes ranging from $5,000 to $10,000 or unspecified amounts of money to three employee of The Hongkong and Shanghai Banking Corporation Limited (HSBC) posted to different branches and an employee of Hang Seng Bank Limited (Hang Seng Bank) for opening accounts at the two banks for clients to be referred by Chen. The four bank employees declined Chen’s offers immediately and reported the matter to their employers.
BEA, HSBC and Hang Seng Bank have rendered full assistance to the ICAC during its investigation into the case.
The ICAC has been actively promoting corruption prevention services to banks and enhancing banking practitioners’ knowledge on the anti-corruption laws. Bank staff are reminded that it is against the law for accepting bribes or submitting false documents when handling account opening applications. Information is available on Hong Kong Business Ethics Development Centre’s webpage: https://hkbedc.icac.hk/en/sector_industry/banking_and_finance.