Former supplier jailed for offering illegal rebates to toys company staff
2010-7-5
A former supplier of plastic raw materials, charged by the ICAC, was today (Monday) sentenced to two years’ imprisonment at the District Court for offering illegal rebates totalling $186,000 to a former purchasing staff of a toys company in return for orders.
Chan Cheuk-ming, 37, a former representative of BCW Industrial Company Limited (BCW), was earlier found guilty of one count of offering an advantage to an agent, contrary to Section 9(2)(a) of the Prevention of Bribery Ordinance.
In sentencing, Judge Stanley Chan Kwong-chi remarked that illegal rebates must be stamped out so as to maintain a level playing field in the business sector.
Offenders must be punished as the court had to send out a clear message that illegal rebates were not accepted, the judge added.
The court heard that between April 2006 and April 2008, the defendant had offered a total of $186,000 to Chan Oi-lan, a former purchasing manager of Kings Toys Limited (Kings Toys), for the latter to place orders with BCW.
The defendant was formerly employed by another plastic raw material supplier to Kings Toys, with which Chan Oi-lan used to place orders through the defendant between 1998 and 2006.
On one occasion in 2006, the defendant told Chan Oi-lan that he had set up his own company, namely BCW, with his friends and offered to give illegal rebates to Chan Oi-lan if she agreed to place orders with BCW. Chan Oi-lan agreed to the offer.
The court heard that since then, Chan Oi-lan had marked up the unit prices of plastic materials, by $0.1 to $0.7 per kilogramme, whenever the defendant gave her a quotation.
After receiving payments from Kings Toys, the defendant deducted the actual price of the goods and returned the differences either by cash or deposits into Chan Oi-lan’s bank accounts.
Kings Toys prohibited its employees from soliciting or accepting advantages in relation to the company’s business, the court was told.
Chan Oi-lan, who was also charged by the ICAC, earlier pleaded guilty to four counts of agent accepting advantages and one of theft. She was sentenced to 21 months’ imprisonment.
The prosecution was today represented by Senior Public Prosecutor Beney Wong, assisted by ICAC officer Dickson Liang.
Chan Cheuk-ming, 37, a former representative of BCW Industrial Company Limited (BCW), was earlier found guilty of one count of offering an advantage to an agent, contrary to Section 9(2)(a) of the Prevention of Bribery Ordinance.
In sentencing, Judge Stanley Chan Kwong-chi remarked that illegal rebates must be stamped out so as to maintain a level playing field in the business sector.
Offenders must be punished as the court had to send out a clear message that illegal rebates were not accepted, the judge added.
The court heard that between April 2006 and April 2008, the defendant had offered a total of $186,000 to Chan Oi-lan, a former purchasing manager of Kings Toys Limited (Kings Toys), for the latter to place orders with BCW.
The defendant was formerly employed by another plastic raw material supplier to Kings Toys, with which Chan Oi-lan used to place orders through the defendant between 1998 and 2006.
On one occasion in 2006, the defendant told Chan Oi-lan that he had set up his own company, namely BCW, with his friends and offered to give illegal rebates to Chan Oi-lan if she agreed to place orders with BCW. Chan Oi-lan agreed to the offer.
The court heard that since then, Chan Oi-lan had marked up the unit prices of plastic materials, by $0.1 to $0.7 per kilogramme, whenever the defendant gave her a quotation.
After receiving payments from Kings Toys, the defendant deducted the actual price of the goods and returned the differences either by cash or deposits into Chan Oi-lan’s bank accounts.
Kings Toys prohibited its employees from soliciting or accepting advantages in relation to the company’s business, the court was told.
Chan Oi-lan, who was also charged by the ICAC, earlier pleaded guilty to four counts of agent accepting advantages and one of theft. She was sentenced to 21 months’ imprisonment.
The prosecution was today represented by Senior Public Prosecutor Beney Wong, assisted by ICAC officer Dickson Liang.