Ex-property agent gets five months for soliciting and pocketing extra bonus

2012-2-9

A former property agent, charged by the ICAC, was today (Thursday) sentenced to five months’ imprisonment at Tuen Mun Magistracy for soliciting and pocketing an extra bonus of $10,000 from a client over a property transaction without the permission of his employer.

Law Ka-yat, 28, formerly employed by Yearsfull Real Estate Agency Company Limited (Yearsfull), today pleaded guilty to one count of agent soliciting an advantage and two of agent accepting an advantage, contrary to Section 9(1)(b) of the Prevention of Bri bery Ordinance.

In sentencing, Magistrate Mr Anthony Kwok Kai-on remarked that the court had to impose a custodial sentence on the defendant in view of the seriousness of the bribery offences.

The court heard that at the material times, the defendant was employed by Yearsfull as a senior property agent.

In late 2009, a property owner entrusted Yearsfull to sell his flat in Yoho Town, Yuen Long. The request was handled by the defendant.

On December 4, 2009, the defendant told the property owner that a couple offered to purchase his flat in Yoho Town for $2.08 million after viewing it. The offer was turned down by the property owner, who insisted to sell it at $2.1 million.

The defendant then solicited an extra bonus of $10,000 from the property owner for assisting the latter to sell the flat at $2.1 million. Subsequently, the couple agreed to buy the flat at $2.1 million.

After signing a provisional sale and purchase agreement with the couple, the property owner signed an agreement undertaking to pay $10,000 extra bonus for the transaction.

The court heard that on December 17, 2009, the defendant urged the property owner to pay him the extra bonus to ease his financial difficulties.

At the defendant’s request, the property owner transferred $5,000 to the defendant’s personal bank account on December 21, 2009.

On March 3, 2010, the defendant collected the remaining $5,000 in cash from the property owner.

Yearsfull prohibited its employees from soliciting or accepting any extra bonus from clients in relation to property transactions without permission.

Yearsfull had rendered full assistance to the ICAC during its investigation.

The prosecution was today represented by ICAC officer Jonathan Ho.
Back to Index