Court orders to confiscate $7.8m from convicted consultancy firm director in ICAC case
2023-3-29
The District Court today (March 29) ordered to confiscate crime proceeds of $7.8 million from a director of a consultancy firm, who was convicted in an ICAC case for conspiring with a director of an engineering company to defraud a project developer of a hotel development project in relation to the award of a plumbing and drainage installation contract.
Wong Wing-chau, director of Saneseed Limited (Saneseed); and Ma Sau-kam, director of Panocean Engineering Limited (Panocean), were found guilty on April 26, 2022 at the District Court of one count of conspiracy to defraud, contrary to Common Law. Pursuant to the Section 8 of the Organized and Serious Crimes Ordinance, the prosecution made an application for confiscating the illicit gains of Wong on the same day.
Sentencing of Wong, who had passed away in mid-May 2022, was subsequently abated while Ma was sentenced to 39 months’ imprisonment.
Deputy Judge Ms Katherine Lo Kit-yee today approved the prosecution’s application and ordered to confiscate crime proceeds of $7.8 million from Wong. His estate administrator is required to satisfy the confiscation order.
An ICAC spokesperson notes that the Commission has established a dedicated unit in 2010 to deal with restraint, disclosure and confiscation of criminal assets. The Asset Recovery Office of the Operations Department will continue to pursue confiscation of ill-gotten gains and apply for confiscation orders to deprive criminals of benefiting from crime connected with bribery and related offences.
At the material time, Wong was the sole director and shareholder of Saneseed, an electrical and mechanical consultant. Wong’s son and Ma were both directors and shareholders of Panocean, an engineering company. Meanwhile, Ma was also an employee of Gloryfield Engineering Limited (Gloryfield), another company of Wong.
Champion Success Limited (Champion) was the project developer of a hotel redevelopment project in Mongkok. In March 2011, Champion named Saneseed as an electrical and mechanical consultant of the project to provide consultancy service covering fire services installation, electrical installation, mechanical ventilation and air conditioning installation, as well as plumbing and drainage installation (the four works areas).
Saneseed was required to assist Champion in drawing up a tender list for the four works areas and choosing a suitable contractor. Saneseed would also supervise and monitor the relevant works conducted. Panocean was one of the contractors which submitted tenders for the works and was strongly recommended by Wong.
Upon the arrangement by Wong and Ma, two “managers” of Panocean attended the tender interviews hosted by Wong and representatives of Champion. In August 2014, Champion awarded the plumbing and drainage installation contract to Panocean at over $23 million. After obtaining the contract, Panocean subcontracted the relevant works to another company without the permission of Champion.
Wong had never declared to Champion that his son was a director of Panocean nor had he declared to Champion his own interests in and relationship with Panocean. Wong had also induced Champion to award the contract to Panocean by fraudulent means. Should Champion know Wong’s interests in and relationship with Panocean, it would not have invited Panocean to submit tenders or awarded the contract to Panocean.
The offence was revealed in the course of a corruption investigation by the ICAC. Enquiries revealed that Panocean had no employee. An employee of Gloryfield and a business partner of Wong attended the above tender interviews as “managers” of Panocean. All tendering documents of Panocean were submitted to Champion by Ma upon Wong’s instructions.
Champion had rendered full assistance to the ICAC during its investigation.
The prosecution was today represented by Acting Senior Public Prosecutor Lucas Lai, assisted by ICAC officer Keith Kwok.
Wong Wing-chau, director of Saneseed Limited (Saneseed); and Ma Sau-kam, director of Panocean Engineering Limited (Panocean), were found guilty on April 26, 2022 at the District Court of one count of conspiracy to defraud, contrary to Common Law. Pursuant to the Section 8 of the Organized and Serious Crimes Ordinance, the prosecution made an application for confiscating the illicit gains of Wong on the same day.
Sentencing of Wong, who had passed away in mid-May 2022, was subsequently abated while Ma was sentenced to 39 months’ imprisonment.
Deputy Judge Ms Katherine Lo Kit-yee today approved the prosecution’s application and ordered to confiscate crime proceeds of $7.8 million from Wong. His estate administrator is required to satisfy the confiscation order.
An ICAC spokesperson notes that the Commission has established a dedicated unit in 2010 to deal with restraint, disclosure and confiscation of criminal assets. The Asset Recovery Office of the Operations Department will continue to pursue confiscation of ill-gotten gains and apply for confiscation orders to deprive criminals of benefiting from crime connected with bribery and related offences.
At the material time, Wong was the sole director and shareholder of Saneseed, an electrical and mechanical consultant. Wong’s son and Ma were both directors and shareholders of Panocean, an engineering company. Meanwhile, Ma was also an employee of Gloryfield Engineering Limited (Gloryfield), another company of Wong.
Champion Success Limited (Champion) was the project developer of a hotel redevelopment project in Mongkok. In March 2011, Champion named Saneseed as an electrical and mechanical consultant of the project to provide consultancy service covering fire services installation, electrical installation, mechanical ventilation and air conditioning installation, as well as plumbing and drainage installation (the four works areas).
Saneseed was required to assist Champion in drawing up a tender list for the four works areas and choosing a suitable contractor. Saneseed would also supervise and monitor the relevant works conducted. Panocean was one of the contractors which submitted tenders for the works and was strongly recommended by Wong.
Upon the arrangement by Wong and Ma, two “managers” of Panocean attended the tender interviews hosted by Wong and representatives of Champion. In August 2014, Champion awarded the plumbing and drainage installation contract to Panocean at over $23 million. After obtaining the contract, Panocean subcontracted the relevant works to another company without the permission of Champion.
Wong had never declared to Champion that his son was a director of Panocean nor had he declared to Champion his own interests in and relationship with Panocean. Wong had also induced Champion to award the contract to Panocean by fraudulent means. Should Champion know Wong’s interests in and relationship with Panocean, it would not have invited Panocean to submit tenders or awarded the contract to Panocean.
The offence was revealed in the course of a corruption investigation by the ICAC. Enquiries revealed that Panocean had no employee. An employee of Gloryfield and a business partner of Wong attended the above tender interviews as “managers” of Panocean. All tendering documents of Panocean were submitted to Champion by Ma upon Wong’s instructions.
Champion had rendered full assistance to the ICAC during its investigation.
The prosecution was today represented by Acting Senior Public Prosecutor Lucas Lai, assisted by ICAC officer Keith Kwok.