Five property agents charged with using false documents to deceive agency
2021-5-5
The ICAC yesterday (May 4) charged five property agents with using a false sale and purchase agreement and eight false tenancy agreements to mislead a property agency.
Two branch managers of Midland Realty International Limited (Midland Realty)—Tam Chun-sing, 45, and Jim Ho-tai, 40; and three property agents of Midland Realty—Lam Chi-hang, 39, Lee Sung-fai, 56, and Huang Xuemei, 51; face a total of 10 charges.
Tam and Lam jointly face three counts of conspiracy for agent to use document with intent to deceive his principal, contrary to Section 9(3) of the Prevention of Bribery Ordinance (POBO) and Section 159A of the Crimes Ordinance.
Tam further faces four counts of agent using document with intent to deceive his principal, contrary to Section 9(3) of the POBO. Jim, Lee and Huang each faces a similar offence.
The defendants will appear in the West Kowloon Magistrates’ Courts tomorrow (May 6) for plea.
The ICAC investigation arose from a corruption complaint. Subsequent enquiries revealed the above alleged offences which took place between September 1, 2016 and June 29, 2018.
Tam and Jim were respectively the branch manager of Cheung Fat branch and Villa Esplanada branch of Midland Realty. Lam was a downline agent of Tam, while Lee and Huang were under the supervision of Jim.
Around the aforesaid period, the five defendants cooperated with other property agents of Midland Realty to procure a leasing and five sale and purchase transactions. According to Midland Realty’s policy, the five defendants were required to share the relevant commissions with those property agents.
Certain clients of the abovementioned sale and purchase transactions agreed to pay additional commissions. It is alleged that the defendants had used a false sale and purchase agreement and eight tenancy agreements of monthly rents totalling over $320,000 to deceive Midland Realty so as to avoid sharing the additional commissions with those property agents.
Three of the charges allege that Tam and Lam conspired together to use three provisional tenancy agreements and other relevant documents, which contained false or erroneous statements that Lam had procured three tenancy agreements in relation to three properties in Ma Wan, to mislead Midland Realty.
Six other charges allege that Tam, Jim, Huang and Lee used five other provisional tenancy agreements and relevant documents, which contained false or erroneous statements that Tam and his wife, who was also his downline agent, Huang and Lee had procured five tenancy agreements in relation to two of the said properties in Ma Wan and three properties in Tsing Yi, to mislead Midland Realty.
The remaining charge alleges that Tam used a provisional sale and purchase agreement and relevant documents, which contained false or erroneous statements that the commission paid by a vendor in the sale and purchase transaction of one of the aforesaid Tsing Yi properties was only $77,000, to mislead Midland Realty.
Midland Realty has rendered full assistance to the ICAC during its investigation into the case.
The defendants have been released on ICAC bail, pending their court appearance on Thursday.
Two branch managers of Midland Realty International Limited (Midland Realty)—Tam Chun-sing, 45, and Jim Ho-tai, 40; and three property agents of Midland Realty—Lam Chi-hang, 39, Lee Sung-fai, 56, and Huang Xuemei, 51; face a total of 10 charges.
Tam and Lam jointly face three counts of conspiracy for agent to use document with intent to deceive his principal, contrary to Section 9(3) of the Prevention of Bribery Ordinance (POBO) and Section 159A of the Crimes Ordinance.
Tam further faces four counts of agent using document with intent to deceive his principal, contrary to Section 9(3) of the POBO. Jim, Lee and Huang each faces a similar offence.
The defendants will appear in the West Kowloon Magistrates’ Courts tomorrow (May 6) for plea.
The ICAC investigation arose from a corruption complaint. Subsequent enquiries revealed the above alleged offences which took place between September 1, 2016 and June 29, 2018.
Tam and Jim were respectively the branch manager of Cheung Fat branch and Villa Esplanada branch of Midland Realty. Lam was a downline agent of Tam, while Lee and Huang were under the supervision of Jim.
Around the aforesaid period, the five defendants cooperated with other property agents of Midland Realty to procure a leasing and five sale and purchase transactions. According to Midland Realty’s policy, the five defendants were required to share the relevant commissions with those property agents.
Certain clients of the abovementioned sale and purchase transactions agreed to pay additional commissions. It is alleged that the defendants had used a false sale and purchase agreement and eight tenancy agreements of monthly rents totalling over $320,000 to deceive Midland Realty so as to avoid sharing the additional commissions with those property agents.
Three of the charges allege that Tam and Lam conspired together to use three provisional tenancy agreements and other relevant documents, which contained false or erroneous statements that Lam had procured three tenancy agreements in relation to three properties in Ma Wan, to mislead Midland Realty.
Six other charges allege that Tam, Jim, Huang and Lee used five other provisional tenancy agreements and relevant documents, which contained false or erroneous statements that Tam and his wife, who was also his downline agent, Huang and Lee had procured five tenancy agreements in relation to two of the said properties in Ma Wan and three properties in Tsing Yi, to mislead Midland Realty.
The remaining charge alleges that Tam used a provisional sale and purchase agreement and relevant documents, which contained false or erroneous statements that the commission paid by a vendor in the sale and purchase transaction of one of the aforesaid Tsing Yi properties was only $77,000, to mislead Midland Realty.
Midland Realty has rendered full assistance to the ICAC during its investigation into the case.
The defendants have been released on ICAC bail, pending their court appearance on Thursday.