Ex-regional manager of supermarket jailed for bribery and perversion

2006-8-1

A former regional manager of a chain supermarket, charged by the ICAC, was today (Tuesday) sentenced to 39 months' imprisonment at the District Court for accepting $54,000 in bribes from a food supplier and perverting the course of public justice by imped ing the ICAC investigation.

Nguyen Van-to, 52, formerly employed by Dairy Farm Company Limited as a regional manager of Wellcome Supermarkets (Wellcome), was also ordered to pay a restitution of $54,000 to Wellcome.

In sentencing, Deputy Judge Colin Mackintosh said in view of the seriousness of the offences, an immediate custodial sentence must be imposed on the defendant to serve as a deterrent.

The defendant was today found guilty of eight counts of an agent accepting advantages, contrary to Section 9(1)(a) of the Prevention of Bribery Ordinance, and one count of doing acts tending and intended to pervert the course of public justice.

The court heard that at the time of the offences, the defendant was responsible for managing the operation of Wellcome stores in the New Territories.

During a dinner in 2003, the defendant told a shareholder-cum-director of a food company that he could help the latter obtain a concessionaire contract to operate a roasted meat stall at a new Wellcome store at Oceania Heights, Tuen Mun.

The defendant solicited five per cent of the business turnover of the stall as his reward. The shareholder of the food company, however, made a counter offer of three per cent, to which the defendant agreed.

Apart from the roasted meat concessionaire contract, the defendant also corruptly assisted the shareholder of the food company in obtaining concessionaire contracts to operate a flower stall at the Wellcome store in Heng On Estate, and sell roasted meat a nd flowers at another store in Kwai Chung Shopping Centre.

Between March and October 2005, the defendant accepted bribes totalling $54,000 from the shareholder of the food company.

The court also heard that on November 1, 2005, the defendant was arrested by ICAC officers.

After being released on bail, Nguyen requested the shareholder of the food company to make an "IOU", falsely purporting that the latter had borrowed $20,000 from him, and requested the latter to give false evidence about the "IOU" at his trial.

On November 29, 2005, the defendant was arrested by the ICAC for the perversion offence. The "IOU" was recovered from his wallet, the court was told.

Wellcome offered full assistance to the ICAC during its investigation.

The prosecution was today represented by Susanna Ku, counsel on fiat, assisted by ICAC officer Keith Chu.
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