Trio jailed for bribery over purchase of souvenirs and gifts

2008-7-31

Two former merchandisers of a trading company, charged by the ICAC, were today (Thursday) each sentenced to one year in jail at Kwun Tong Magistracy for accepting a total of over $500,000 in illegal rebates from manufacturers of souvenirs and gifts.

Lau Chung-him, 25, and Choi Hoi-kam, 24, both former merchandisers of China Bestsellers International Co. Ltd. (CBS), today pleaded guilty to five counts of conspiracy to accept an advantage, contrary to Section 9(1)(a) of the Prevention of Bribery Ordina nce (POBO) and Section 159A of the Crimes Ordinance. The prosecution offered no evidence to five other similar conspiracy offences against them.

Co-defendant Cheng Yuk-cheung, 46, proprietor of Sunrise Industrial Company (Sunrise), received a jail term of six months after admitting one count of offering illegal rebates totalling over $127,600 to Lau, contrary to Section 9(2)(a) of the POBO.

In sentencing, Magistrate Mr Josiah Lam Wai-kuen said custodial sentences were imposed on the defendants in view of the seriousness of their bribery offences.

The court heard that while employed by CBS, a company trading in souvenirs and gifts, Lau and Choi were responsible for placing purchase orders with manufacturers. Sunrise was a manufacturer for CBS in Hong Kong.

In September 2006, a manufacturer in the Mainland proposed that rebates be offered to Lau and Choi for placing purchase orders with it.

Having agreed to the proposal, Lau and Choi accepted rebates totalling over $225,800 from the Mainland manufacturer between September 2006 and April last year.

During the period, Lau and Choi also accepted a total of over $152,000 from other manufacturers in the Mainland for the same reason.

The court also heard that in early December 2006, Lau placed a purchase order with Sunrise, and asked Cheng to inflate the price of the order.

Cheng agreed to Lau’s demand, and issued an invoice with an inflated price to CBS.

Upon receipt of a full payment from CBS, Cheng handed to Lau over $127,600 being the inflated amount.

Lau discussed the matter with Choi. They agreed to accept the rebate and shared it equally, the court was told.

The prosecution was today represented by Acting Senior Public Prosecutor Vivien Chan, assisted by ICAC officer Oyan Cheung.
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