IT sales manager guilty of web site offences
2000-2-29
A sales manager of an information technology company, charged by the ICAC, was found guilty by the San Po Kong Court today (Tuesday) for his role in a plot to transfer business information through the cyber network and obtain homepage design contracts by deception.
Fung Ngai-man, 37, sales manager of 24/7 Media Asia Limited (24/7 Media), a subsidiary of China.com Corporation Limited (China.com),
was found guilty on a total of 11 offences.
Six of the charges accused Fung of obtaining access to a computer of Net Power Limited (Net Power) with dishonest intent.
Another two charges accused Fung of obtaining pecuniary advantages for himself or China.com by deception.
The remaining three charges accused Fung of conspiring with Tam Tin-yau, executive director of Cyber Net Information & Technology Limited (Cyber Net), to defraud various companies.
The court heard that Fung was employed by Net Power between May 1996 and November 1998. Since August 1998, Fung had been working at China.com without the knowledge of Net Power.
The court was told for every contract secured for China.com, the company would pay Fung a six percent commission.
The court heard that between July and October 1998, Fung, while still being employed by Net Power, had on six occasions diverted business to China.com and another company by forwarding to the two companies
emails containing confidential business information and which he had received from clients and an employee of Net Power.
The case revealed that in August 1998, a Chief Executive Officer of the Business and Services Promotion Unit (BSPU) of the Financial Secretary's Office contacted Fung for a design of a homepage and web banner to promote the unit's homepage design competit ion.
The court heard that Fung submitted three quotations to BSPU for the project, two of which were issued on behalf of China.com. He told the BSPU Chief Executive Officer that there was an agency agreement between Net Power and China.com.
On October 13, 1998, Fung, on behalf of China.com, signed a contract valued at $114,280 with BSPU.
The court was told that Fung, by similar dishonest means, entered into a contract with Ad-link Communications Limited valued at $107,600 for a compact disc design and production contract on behalf of China.com in the same month.
Between November 1998 and March 1999, Fung and Tam Tin-yau had conspired to defraud two companies by dishonestly representing that Cyber Net was a subsidiary of China.com, and thereby causing those companies to award home page design contracts to Cyber Ne t, the court learnt.
Tam earlier pleaded guilty to three conspiracy charges.
Magistrate Mr Robert McNair today adjourned sentencing to March 14, 2000, pending the defendants' probation and community service reports. The defendants were granted bail of $10,000 and $5,000 in cash respectively.
The prosecution was today represented by Phil Chau on a fiat, assisted by ICAC officer Dickens Wong.
Fung Ngai-man, 37, sales manager of 24/7 Media Asia Limited (24/7 Media), a subsidiary of China.com Corporation Limited (China.com),
was found guilty on a total of 11 offences.
Six of the charges accused Fung of obtaining access to a computer of Net Power Limited (Net Power) with dishonest intent.
Another two charges accused Fung of obtaining pecuniary advantages for himself or China.com by deception.
The remaining three charges accused Fung of conspiring with Tam Tin-yau, executive director of Cyber Net Information & Technology Limited (Cyber Net), to defraud various companies.
The court heard that Fung was employed by Net Power between May 1996 and November 1998. Since August 1998, Fung had been working at China.com without the knowledge of Net Power.
The court was told for every contract secured for China.com, the company would pay Fung a six percent commission.
The court heard that between July and October 1998, Fung, while still being employed by Net Power, had on six occasions diverted business to China.com and another company by forwarding to the two companies
emails containing confidential business information and which he had received from clients and an employee of Net Power.
The case revealed that in August 1998, a Chief Executive Officer of the Business and Services Promotion Unit (BSPU) of the Financial Secretary's Office contacted Fung for a design of a homepage and web banner to promote the unit's homepage design competit ion.
The court heard that Fung submitted three quotations to BSPU for the project, two of which were issued on behalf of China.com. He told the BSPU Chief Executive Officer that there was an agency agreement between Net Power and China.com.
On October 13, 1998, Fung, on behalf of China.com, signed a contract valued at $114,280 with BSPU.
The court was told that Fung, by similar dishonest means, entered into a contract with Ad-link Communications Limited valued at $107,600 for a compact disc design and production contract on behalf of China.com in the same month.
Between November 1998 and March 1999, Fung and Tam Tin-yau had conspired to defraud two companies by dishonestly representing that Cyber Net was a subsidiary of China.com, and thereby causing those companies to award home page design contracts to Cyber Ne t, the court learnt.
Tam earlier pleaded guilty to three conspiracy charges.
Magistrate Mr Robert McNair today adjourned sentencing to March 14, 2000, pending the defendants' probation and community service reports. The defendants were granted bail of $10,000 and $5,000 in cash respectively.
The prosecution was today represented by Phil Chau on a fiat, assisted by ICAC officer Dickens Wong.