Duo jailed for $323,000 bribery over client referrals
2014-2-7
A shareholder of a property agency and a property agent of another property agency, charged by the ICAC, were today (Friday) sent to jail at the Kowloon City Magistracy for respectively offering and accepting over $323,000 in bribes over referral of clients.
Ryo Ng Ka-tat, 35, a beneficial shareholder of Delightful Property Agency Limited (Delightful), was jailed for seven months.
Co-defendant Lam Ho-tan, 35, a property agent of Midland Realty (Midland), was sentenced to three months’ imprisonment and ordered to pay a restitution of over $139,200 to Midland.
Ng was earlier found guilty of two counts of offering an advantage to an agent, contrary to Section 9(2)(a) of the Prevention of Bribery Ordinance (POBO), while Lam pleaded guilty to one count of agent accepting an advantage, contrary to Section 9(1)(a) o f the POBO.
In sentencing, Magistrate Mr Abu Bakar bin Wahab remarked that immediate custodial jail terms were inevitable in view of the past precedents and no exceptional circumstances involved in the case.
The court heard that at the material time, Ng was one of the shareholders of Delightful. Lam was a property agent of Midland, which did not allow him to accept any advantages in relation to its business or refer its clients to other property agencies.
In August 2010, Ng learnt from Lam that a client of Midland wanted to purchase a property in Tsimshatsui.
Ng proposed that the property transaction be handled by Delightful and offered to pay Lam about 70 per cent of the commission Delightful received as a reward for referring the client to Delightful.
Lam eventually procured the purchase of the property at $6.68 million by the Midland client through Delightful. Delightful received $66,800 as commission.
On November 16, 2010, Ng deposited a cheque for $45,260 issued by Delightful into the bank account of Lam’s younger brother. Lam then got the bribe money from his brother.
The court heard that on another occasion in September 2010, Lam referred another client of Midland to Delightful.
After purchasing another property at $40 million in Tsimshatsui, the client paid $400,000 in commission to Delightful.
On December 3, 2010, Ng deposited a cheque for $278,500 into the bank account of Lam’s younger brother. Lam then took back the bribe money from his brother.
After Lam pleaded guilty, he told the ICAC officers that he had taken half of the bribe money, namely over $139,200, and the remaining sum was given to Ng.
Midland had rendered full assistance to the ICAC during its investigation.
The prosecution was today represented by prosecuting counsel Liza Yip, assisted by ICAC officer David Ng.
Ryo Ng Ka-tat, 35, a beneficial shareholder of Delightful Property Agency Limited (Delightful), was jailed for seven months.
Co-defendant Lam Ho-tan, 35, a property agent of Midland Realty (Midland), was sentenced to three months’ imprisonment and ordered to pay a restitution of over $139,200 to Midland.
Ng was earlier found guilty of two counts of offering an advantage to an agent, contrary to Section 9(2)(a) of the Prevention of Bribery Ordinance (POBO), while Lam pleaded guilty to one count of agent accepting an advantage, contrary to Section 9(1)(a) o f the POBO.
In sentencing, Magistrate Mr Abu Bakar bin Wahab remarked that immediate custodial jail terms were inevitable in view of the past precedents and no exceptional circumstances involved in the case.
The court heard that at the material time, Ng was one of the shareholders of Delightful. Lam was a property agent of Midland, which did not allow him to accept any advantages in relation to its business or refer its clients to other property agencies.
In August 2010, Ng learnt from Lam that a client of Midland wanted to purchase a property in Tsimshatsui.
Ng proposed that the property transaction be handled by Delightful and offered to pay Lam about 70 per cent of the commission Delightful received as a reward for referring the client to Delightful.
Lam eventually procured the purchase of the property at $6.68 million by the Midland client through Delightful. Delightful received $66,800 as commission.
On November 16, 2010, Ng deposited a cheque for $45,260 issued by Delightful into the bank account of Lam’s younger brother. Lam then got the bribe money from his brother.
The court heard that on another occasion in September 2010, Lam referred another client of Midland to Delightful.
After purchasing another property at $40 million in Tsimshatsui, the client paid $400,000 in commission to Delightful.
On December 3, 2010, Ng deposited a cheque for $278,500 into the bank account of Lam’s younger brother. Lam then took back the bribe money from his brother.
After Lam pleaded guilty, he told the ICAC officers that he had taken half of the bribe money, namely over $139,200, and the remaining sum was given to Ng.
Midland had rendered full assistance to the ICAC during its investigation.
The prosecution was today represented by prosecuting counsel Liza Yip, assisted by ICAC officer David Ng.