Four product testers charged by ICAC sentenced for wage fraud over false attendance
2022-5-5
Four then product testers of an electronic product manufacturer, charged by the ICAC, were today (May 5) sentenced at the Tuen Mun Magistrates’ Courts after admitting that they had overstated their working hours with intent to deceive their employers into releasing wages to them.
After the four defendants entered guilty pleas, they were each sentenced by Principal Magistrate Mr Don So Man-lung to two months’ imprisonment, suspended for three years.
Cheung Wing-sze and Tang Ho-yi, both 26 and then product testers employed by Nirotech Limited (NRT), pleaded guilty to one count of conspiracy to defraud, contrary to Common Law.
Carol Leung Lai-fun, 43, then product tester employed by C.P.E. Human Resources Company (CPE) to work for NRT, pleaded guilty to one count of attempted fraud, contrary to Section 16A of the Theft Ordinance and Section 159G of the Crimes Ordinance.
Lau Ho-lam, 21, another then product tester employed by CPE to work for NRT, pleaded guilty to one count of fraud, contrary to Section 16A of the Theft Ordinance.
The ICAC investigation arose from a corruption complaint. Upon completion of the investigation, the ICAC sought legal advice from the Department of Justice, which advised pressing the above charges against the four defendants.
The court heard that the offences took place between February and July 2021. At the material time, the defendants were either directly employed by electronic product manufacturer NRT or supplied by CPE to work at NRT’s factory as night-shift product testers.
The defendants were required to work nine hours for each working day from 10pm to 7am of the following day and were required to record their on and off duty time for wage calculation. Cheung and Tang were remunerated by NRT, while Leung and Lau were remunerated by CPE, which would then charge NRT the relevant service fees.
The court heard that the defendants had shown up late to work and left the factory early on various occasions. Cheung and Tang had used a silicone molding tool to duplicate their fingerprints and used the molds to clock out at a fingerprint clocking machine for each other to falsely purport their off duty time. Meanwhile, Leung and Lau had reported on their attendance sheets that they had worked nine hours at the factory on all the working days concerned.
By overstating their working hours by about 120 hours in total, the defendants obtained or attempted to obtain wages totalling about $7,000.
Should NRT and CPE know that the attendance records submitted by the four defendants did not reflect their actual working hours, the two companies would not have released wages to them in accordance with the attendance records.
NRT and CPE had rendered full assistance to the ICAC during its investigation into the case.
The prosecution was today represented by ICAC officer Kevin Lam.
After the four defendants entered guilty pleas, they were each sentenced by Principal Magistrate Mr Don So Man-lung to two months’ imprisonment, suspended for three years.
Cheung Wing-sze and Tang Ho-yi, both 26 and then product testers employed by Nirotech Limited (NRT), pleaded guilty to one count of conspiracy to defraud, contrary to Common Law.
Carol Leung Lai-fun, 43, then product tester employed by C.P.E. Human Resources Company (CPE) to work for NRT, pleaded guilty to one count of attempted fraud, contrary to Section 16A of the Theft Ordinance and Section 159G of the Crimes Ordinance.
Lau Ho-lam, 21, another then product tester employed by CPE to work for NRT, pleaded guilty to one count of fraud, contrary to Section 16A of the Theft Ordinance.
The ICAC investigation arose from a corruption complaint. Upon completion of the investigation, the ICAC sought legal advice from the Department of Justice, which advised pressing the above charges against the four defendants.
The court heard that the offences took place between February and July 2021. At the material time, the defendants were either directly employed by electronic product manufacturer NRT or supplied by CPE to work at NRT’s factory as night-shift product testers.
The defendants were required to work nine hours for each working day from 10pm to 7am of the following day and were required to record their on and off duty time for wage calculation. Cheung and Tang were remunerated by NRT, while Leung and Lau were remunerated by CPE, which would then charge NRT the relevant service fees.
The court heard that the defendants had shown up late to work and left the factory early on various occasions. Cheung and Tang had used a silicone molding tool to duplicate their fingerprints and used the molds to clock out at a fingerprint clocking machine for each other to falsely purport their off duty time. Meanwhile, Leung and Lau had reported on their attendance sheets that they had worked nine hours at the factory on all the working days concerned.
By overstating their working hours by about 120 hours in total, the defendants obtained or attempted to obtain wages totalling about $7,000.
Should NRT and CPE know that the attendance records submitted by the four defendants did not reflect their actual working hours, the two companies would not have released wages to them in accordance with the attendance records.
NRT and CPE had rendered full assistance to the ICAC during its investigation into the case.
The prosecution was today represented by ICAC officer Kevin Lam.