Trio sentenced for certificates of origin fraud

2009-6-9

Three persons, charged by the ICAC, were today (Tuesday) sentenced at the District Court for conspiracy to defraud in relation to certificates of origin (COs) for exporting garments.

Ting Mang-chi, 42, owner of Chong Yip Company (Chong Yip) and Pro Rich Limited (Pro Rich), received a jail term of 30 months, while his wife Tsoi Chi-piu, 35, was ordered to perform 210 hours of community service.

Co-defendant Racine Cheung Sam-kai, 46, proprietor of Kam Ying Garment Factory (Kam Ying), was jailed for 16 months.

In sentencing, Deputy Judge Albert Wong Sung-hau said the offences committed by the defendants had impaired the reputation of Hong Kong.

Ting and Tsoi were earlier found guilty of one count of conspiracy to defraud, while Ting and Cheung were convicted of a similar conspiracy offence.

The case arose from a corruption complaint referred by the Customs and Excise Department. Subsequent ICAC enquiries revealed the above offences.

The court heard that starting from mid 2006, Tsoi assisted Ting in the operation of Chong Yip, the business of which began to expand rapidly.

Between May 1, 2006 and April 18, 2007, Ting and Tsoi conspired together with two shipping clerks of Chong Yip to defraud an organisation authorised under the law to issue COs.

The duo falsely represented that the garments as stated in the application forms for COs were manufactured in Hong Kong, and caused the organisation concerned to approve the applications and issue the COs. In fact, the garments were made in the Mainland.

The court heard that between April 11 and 18, 2007, Ting and Cheung conspired together with another person to defraud the Federation of Hong Kong Industries (FHKI).

In the applications for COs, Cheung falsely represented that Kam Ying was the manufacturer of the garments, while in fact the garments were manufactured in the Mainland.

In the belief that the information in the applications was true and genuine, FHKI approved the applications and issued the COs to Pro Rich for exporting over 8,900 pieces of denim jackets to a Mexican buyer, the court was told.

The prosecution was today represented by prosecuting counsel Wong Hin-lee, assisted by ICAC officer Alex Ho.
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