Ex-purchasing staff jailed for accepting $224,000 illegal rebates
2011-4-7
A former purchasing staff of two companies charged by the ICAC was today (Thursday) sentenced to nine months’ imprisonment at Eastern Magistracy for accepting over $224,000 in illegal rebates for placing purchase orders with a production house.
Wong Tik-sze, 32, formerly employed by Cheng’s Brother Holdings Limited (CBHL) and Concept Italian Company (HK) Limited (CIC), was also ordered by Deputy Magistrate Kennis Tai Chiu-ki to pay to his former employer $80,000 as restitution.
The defendant was earlier found guilty of two counts of agent accepting advantages and six counts of agent using document with intent to deceive his principal, respectively contrary to Sections 9(1)(a) and 9(3) of the Prevention of Bribery Ordinance.
The court heard that CBHL and CIC, which operated a number of restaurants, were owned by a sole director-cum-shareholder.
In running their business, the restaurants were required to procure a substantial volume of paper products, including stickers, napkins and paper cups.
Between April 2008 and February 2009, the defendant awarded to Dop Design & Production Limited (DDPL) 23 purchase orders of CBHL and CIC in the total amount of over $1.6 million.
Upon the defendant’s request, Li Siu-bun, a director of DDPL, agreed to share with him half of the profits made by DDPL as rebates.
The court heard that after CBHL and CIC had made payments to DDPL, Li deposited a total of over $224,000 into a bank account opened under the instruction of the defendant.
The defendant then withdrew the proceeds from the bank account through automatic teller machines on various occasions.
The sole director-cum-shareholder of CBHL and CIC prohibited employees from soliciting and accepting advantages in relation to the company’s business.
The defendant also used six false purchase requisition forms for ordering the afore-mentioned paper products with DDPL, with intent to deceive his employer, the court was told.
Li, 28, who had earlier pleaded guilty at Eastern Magistracy to two counts of offering advantages to the defendant and testified against him, was sentenced to eight weeks’ imprisonment.
The prosecution was today represented by Senior Public Prosecutor Cecilia Chan, assisted by ICAC officer Alfred Chan.
Wong Tik-sze, 32, formerly employed by Cheng’s Brother Holdings Limited (CBHL) and Concept Italian Company (HK) Limited (CIC), was also ordered by Deputy Magistrate Kennis Tai Chiu-ki to pay to his former employer $80,000 as restitution.
The defendant was earlier found guilty of two counts of agent accepting advantages and six counts of agent using document with intent to deceive his principal, respectively contrary to Sections 9(1)(a) and 9(3) of the Prevention of Bribery Ordinance.
The court heard that CBHL and CIC, which operated a number of restaurants, were owned by a sole director-cum-shareholder.
In running their business, the restaurants were required to procure a substantial volume of paper products, including stickers, napkins and paper cups.
Between April 2008 and February 2009, the defendant awarded to Dop Design & Production Limited (DDPL) 23 purchase orders of CBHL and CIC in the total amount of over $1.6 million.
Upon the defendant’s request, Li Siu-bun, a director of DDPL, agreed to share with him half of the profits made by DDPL as rebates.
The court heard that after CBHL and CIC had made payments to DDPL, Li deposited a total of over $224,000 into a bank account opened under the instruction of the defendant.
The defendant then withdrew the proceeds from the bank account through automatic teller machines on various occasions.
The sole director-cum-shareholder of CBHL and CIC prohibited employees from soliciting and accepting advantages in relation to the company’s business.
The defendant also used six false purchase requisition forms for ordering the afore-mentioned paper products with DDPL, with intent to deceive his employer, the court was told.
Li, 28, who had earlier pleaded guilty at Eastern Magistracy to two counts of offering advantages to the defendant and testified against him, was sentenced to eight weeks’ imprisonment.
The prosecution was today represented by Senior Public Prosecutor Cecilia Chan, assisted by ICAC officer Alfred Chan.