Eighteen months’ jail for using false contracts to deceive $440,000
2011-10-6
A former director of an animation company, charged by the ICAC, was today (Thursday) sentenced to 18 months’ imprisonment at Kowloon City Magistracy for using false contracts to deceive $440,000 from the company.
Tse Kai-cheong, 48, a former salaried director of Asia Animation Limited (AAL), was also ordered to pay $440,000 as restitution to the company.
In sentencing, Deputy Magistrate Mr Ko Wai-hung said the court had to mete out an immediate custodial sentence to the defendant in view of his serious offences as well as his breach of trust.
The defendant was earlier found guilty of 12 offences after a trial –'96 three of agent using document with intent to deceive his principal, contrary to Section 9(3) of the Prevention of Bribery Ordinance, and nine of using a false instrument, contrary to Section 73 of the Crimes Ordinance.
The court heard that in 2004, the defendant was the person-in-charge of the production of an animation movie called “ Storm Rider ”. As a salaried director, he represented AAL to sign three employment contracts to engage a director, an art director and a martial act director.
The considerations stated in the three employment contracts covered the work of the three directors in the production of the movie.
In April 2005, the production of the movie was still in progress. The defendant submitted to an assistant accountant of AAL three false contracts, which were claimed to be the extended contracts for hiring those directors at additional payments totalling $440,000.
The defendant instructed the assistant accountant to issue bearer cheques for the payments in accordance with the extended contracts.
The court heard that between May and December 2005, the assistant accountant issued a total of 24 cheques for a total of $440,000 payable to the directors concerned or the bearer, and passed the cheques to the defendant for him to dispatch to the director s.
Afterwards, the defendant returned to the assistant accountant a total of nine receipts purportedly signed by those directors to acknowledge the receipt of those cheques.
Enquiries with those directors confirmed that they had not received those cheques from AAL or the defendant, or signed those receipts.
In fact, the defendant deposited those cheques for the $440,000 into his own bank account, the court was told.
The prosecution was today represented by prosecuting counsel Leslie Parry, assisted by ICAC officer Harry Wong.
Tse Kai-cheong, 48, a former salaried director of Asia Animation Limited (AAL), was also ordered to pay $440,000 as restitution to the company.
In sentencing, Deputy Magistrate Mr Ko Wai-hung said the court had to mete out an immediate custodial sentence to the defendant in view of his serious offences as well as his breach of trust.
The defendant was earlier found guilty of 12 offences after a trial –'96 three of agent using document with intent to deceive his principal, contrary to Section 9(3) of the Prevention of Bribery Ordinance, and nine of using a false instrument, contrary to Section 73 of the Crimes Ordinance.
The court heard that in 2004, the defendant was the person-in-charge of the production of an animation movie called “ Storm Rider ”. As a salaried director, he represented AAL to sign three employment contracts to engage a director, an art director and a martial act director.
The considerations stated in the three employment contracts covered the work of the three directors in the production of the movie.
In April 2005, the production of the movie was still in progress. The defendant submitted to an assistant accountant of AAL three false contracts, which were claimed to be the extended contracts for hiring those directors at additional payments totalling $440,000.
The defendant instructed the assistant accountant to issue bearer cheques for the payments in accordance with the extended contracts.
The court heard that between May and December 2005, the assistant accountant issued a total of 24 cheques for a total of $440,000 payable to the directors concerned or the bearer, and passed the cheques to the defendant for him to dispatch to the director s.
Afterwards, the defendant returned to the assistant accountant a total of nine receipts purportedly signed by those directors to acknowledge the receipt of those cheques.
Enquiries with those directors confirmed that they had not received those cheques from AAL or the defendant, or signed those receipts.
In fact, the defendant deposited those cheques for the $440,000 into his own bank account, the court was told.
The prosecution was today represented by prosecuting counsel Leslie Parry, assisted by ICAC officer Harry Wong.