Ex-engineer gets 5 months for accepting illegal rebates
2004-8-19
A former engineer of an air-conditioning service company was today (Thursday) sentenced to five months' imprisonment at North Kowloon Magistracy for accepting illegal rebates for placing work orders with a contractor.
Chu Kam-hung, 41, formerly employed by Trane Service Hong Kong (Trane), was also ordered to pay a restitution of about $24,800 to his former employer.
Chu pleaded guilty to one count of conspiracy to accept advantages as an agent, and one of agent using document with intent to deceive his principal under the Prevention of Bribery Ordinance.
In sentencing, Magistrate Mr Albert Wong said a deterrent sentence must be imposed on the defendant for the serious bribery offences he committed.
The court heard that while employed by Trane, a division of the US-based TYS Limited, the defendant was responsible for selecting contractors and issuing work orders to them to carry out maintenance works for Trane's clients, which included shopping arcad es and commercial buildings.
In late 2000, the proprietor of Tin Long Engineering Company (Tin Long) reached an agreement with the defendant that if Tin Long became an approved contractor of Trane, for every work order Trane awarded to Tin Long, the defendant would receive 10% of the contract sum as a reward.
Trane prohibited its employees to solicit or accept advantages, including rebates from contractors, in relation to the company's business.
The court heard that Tin Long became an approved contractor of Trane in early 2001.
Between May 2001 and March 2003, Trane, through Chu, had awarded 99 work orders, totalling about $1,140,000, to Tin Long. The proprietor of Tin Long promised to pay the defendant a total of about $114,000 as rewards, being 10% of the total amount of the work orders.
Thereafter, Chu had, on a number of occasions, received cash payments totalling about $24,800 from the proprietor of Tin Long in relation to those work orders. The outstanding sum of about $89,200 had yet to be paid by the proprietor of Tin Long to him.
On May 23, 2003, Chu was caught red-handed by ICAC officers after receiving $2,800 from the proprietor of Tin Long, and the bribe payment was recovered from him.
The court also heard that on December 14, 2002, Chu inflated the amount of a work order of Trane to Tin Long from $25,000 to $36,000, on the understanding that the inflated amount of $11,000 would be paid to Chu.
After receiving the payment from Trane, the proprietor of Tin Long failed to pay Chu the said $11,000 due to a cash flow problem.
The prosecution was today represented by Government Counsel Ned Lai, assisted by ICAC officer Danny Lau.
Chu Kam-hung, 41, formerly employed by Trane Service Hong Kong (Trane), was also ordered to pay a restitution of about $24,800 to his former employer.
Chu pleaded guilty to one count of conspiracy to accept advantages as an agent, and one of agent using document with intent to deceive his principal under the Prevention of Bribery Ordinance.
In sentencing, Magistrate Mr Albert Wong said a deterrent sentence must be imposed on the defendant for the serious bribery offences he committed.
The court heard that while employed by Trane, a division of the US-based TYS Limited, the defendant was responsible for selecting contractors and issuing work orders to them to carry out maintenance works for Trane's clients, which included shopping arcad es and commercial buildings.
In late 2000, the proprietor of Tin Long Engineering Company (Tin Long) reached an agreement with the defendant that if Tin Long became an approved contractor of Trane, for every work order Trane awarded to Tin Long, the defendant would receive 10% of the contract sum as a reward.
Trane prohibited its employees to solicit or accept advantages, including rebates from contractors, in relation to the company's business.
The court heard that Tin Long became an approved contractor of Trane in early 2001.
Between May 2001 and March 2003, Trane, through Chu, had awarded 99 work orders, totalling about $1,140,000, to Tin Long. The proprietor of Tin Long promised to pay the defendant a total of about $114,000 as rewards, being 10% of the total amount of the work orders.
Thereafter, Chu had, on a number of occasions, received cash payments totalling about $24,800 from the proprietor of Tin Long in relation to those work orders. The outstanding sum of about $89,200 had yet to be paid by the proprietor of Tin Long to him.
On May 23, 2003, Chu was caught red-handed by ICAC officers after receiving $2,800 from the proprietor of Tin Long, and the bribe payment was recovered from him.
The court also heard that on December 14, 2002, Chu inflated the amount of a work order of Trane to Tin Long from $25,000 to $36,000, on the understanding that the inflated amount of $11,000 would be paid to Chu.
After receiving the payment from Trane, the proprietor of Tin Long failed to pay Chu the said $11,000 due to a cash flow problem.
The prosecution was today represented by Government Counsel Ned Lai, assisted by ICAC officer Danny Lau.