Ex-estate agents charged by ICAC admit using false property transaction documents to deceive agency
2022-2-15
Two former estate agents, charged by the ICAC, today (February 15) admitted at the Kowloon City Magistrates’ Courts that they had used transaction documents of various bogus property transactions, which involved agency commissions totalling about $3.2 million, to deceive their property agency.
Lam Yee-hang, 45 and Li Wing-tung Selina, 59, former estate agents of Hong Kong Property Services (Agency) Limited (HKP), pleaded guilty to two counts of conspiracy as agent to use document with intent to deceive principal, contrary to Section 9(3) of the Prevention of Bribery Ordinance (POBO) and Section 159A of the Crimes Ordinance.
Lam alone further pleaded guilty to four counts of agent using document with intent to deceive his principal, contrary to Section (3) of the POBO. The prosecution offered no evidence to five similar charges against him.
Acting Principal Magistrate Ms Peony Wong Nga-yan adjourned the case to March 1 for sentence, pending background and community service order reports of the defendants. The duo were granted cash bail.
The court heard that at the material time, Lam was the branch manager of a branch of HKP in Ho Man Tin while Li was an estate agent working in another branch of HKP in Kowloon City. Both branches were under the supervision of a senior district director.
HKP maintained two lists respectively naming estate agents with no turnover for three consecutive months and nine consecutive months. HKP might give warnings to estate agents on the lists and suggest them to resign. Li and two down-line estate agents of Lam (the duo) were on the lists (the lists) when the offences took place between November 2017 and August 2019.
In order to retain the employments of Li and the duo, Lam used four sets of bogus property transaction documents to mislead HKP that his down-line estate agents were the handling agents of four property transactions in relation to three properties of a private housing estate in Ho Man Tin and a property in an industrial building in Cheung Sha Wan. The total commissions involved amounted to around $2.5 million.
Upon the request of Li and the above senior district director, Lam also falsely represented to HKP on two other sets of bogus property transaction documents that Li and Lam’s down-line estate agents were the handling agents of two property transactions over another two properties in the above industrial building with agency commissions totalling over $710,000.
Believing the contents of the property transaction documents were true, HKP took into account the above transactions when assessing the sales performance of Li and Lam’s down-line agents. Li and the duo were subsequently removed from the lists.
The investigation arose from a corruption complaint. Upon completion of the investigation, the ICAC sought legal advice from the Department of Justice, which advised charges be laid against the defendants.
HKP had rendered full assistance to the ICAC during its investigation into the case.
The prosecution was today represented by Senior Public Prosecutor Paggie Lee, assisted by ICAC officer Dirk Cheung.
Lam Yee-hang, 45 and Li Wing-tung Selina, 59, former estate agents of Hong Kong Property Services (Agency) Limited (HKP), pleaded guilty to two counts of conspiracy as agent to use document with intent to deceive principal, contrary to Section 9(3) of the Prevention of Bribery Ordinance (POBO) and Section 159A of the Crimes Ordinance.
Lam alone further pleaded guilty to four counts of agent using document with intent to deceive his principal, contrary to Section (3) of the POBO. The prosecution offered no evidence to five similar charges against him.
Acting Principal Magistrate Ms Peony Wong Nga-yan adjourned the case to March 1 for sentence, pending background and community service order reports of the defendants. The duo were granted cash bail.
The court heard that at the material time, Lam was the branch manager of a branch of HKP in Ho Man Tin while Li was an estate agent working in another branch of HKP in Kowloon City. Both branches were under the supervision of a senior district director.
HKP maintained two lists respectively naming estate agents with no turnover for three consecutive months and nine consecutive months. HKP might give warnings to estate agents on the lists and suggest them to resign. Li and two down-line estate agents of Lam (the duo) were on the lists (the lists) when the offences took place between November 2017 and August 2019.
In order to retain the employments of Li and the duo, Lam used four sets of bogus property transaction documents to mislead HKP that his down-line estate agents were the handling agents of four property transactions in relation to three properties of a private housing estate in Ho Man Tin and a property in an industrial building in Cheung Sha Wan. The total commissions involved amounted to around $2.5 million.
Upon the request of Li and the above senior district director, Lam also falsely represented to HKP on two other sets of bogus property transaction documents that Li and Lam’s down-line estate agents were the handling agents of two property transactions over another two properties in the above industrial building with agency commissions totalling over $710,000.
Believing the contents of the property transaction documents were true, HKP took into account the above transactions when assessing the sales performance of Li and Lam’s down-line agents. Li and the duo were subsequently removed from the lists.
The investigation arose from a corruption complaint. Upon completion of the investigation, the ICAC sought legal advice from the Department of Justice, which advised charges be laid against the defendants.
HKP had rendered full assistance to the ICAC during its investigation into the case.
The prosecution was today represented by Senior Public Prosecutor Paggie Lee, assisted by ICAC officer Dirk Cheung.