Ex-property agent charged by ICAC jailed for fraud over agency commission in leasing transaction
2022-6-10
A former property agent, charged by the ICAC, was today (June 10) sentenced to seven weeks’ imprisonment at the Eastern Magistrates’ Courts for fraud by inducing her then employer not to collect an agency commission of $47,800 from a tenant by concealing a leasing transaction she had procured.
Zhang Huixiong, 52, former property agent of Centaline Property Agency Limited (Centaline Property), was earlier found guilty of one count of fraud, contrary to Section 16A(1) of the Theft Ordinance.
In sentencing, Magistrate Ms Leung Ka-kie said the offence committed by the defendant constituted a breach of trust, warranting a custodial sentence.
The court heard that at the material time, the defendant was a licensed property agent employed by Centaline Property. She was posted to the Wong Chuk Hang Heung Yip Road Branch of Centaline Commercial.
Centaline Property maintained a database for its agents to search and list properties for sale or lease. For leasing transaction of an industrial property, Centaline Property would generally charge both the landlord and the tenant one month’s rent as agency commission.
In July 2018, the defendant logged on to the database to update the status of a property in an industrial building in Tin Wan as “open for lease”. Around a month later, the defendant received a client of Centaline Property who was looking for an office premises in Wong Chuk Hang for rent. The defendant recommended the above property in Tin Wan to the client, saying that it belonged to a friend of her.
The client entered into a tenancy agreement with the landlord in September 2018 for leasing the Tin Wan property at a monthly rental of $47,800. The defendant then updated the status of the property on Centaline Property’s database to “not for lease”, but she did not report the leasing transaction to the company.
Centaline Property terminated the defendant in early October 2018 after the above incident came to the knowledge of the company. In late October 2018, the defendant told the client that there was no need to pay any agency commission to Centaline Property as she was only helping out a friend.
According to Centaline Property’s policy, the defendant was under a duty to make full disclosure of any property transaction procured by her as property agent of Centaline Property. Had the defendant reported to the company that she had procured the leasing transaction of the property, Centaline Property would collect an agency commission of $47,800 from the client, the court heard.
The case arose from a corruption complaint. Subsequent ICAC enquiries revealed the above offence. Centaline Property had rendered full assistance to the ICAC during its investigation into the case.
The prosecution was today represented by prosecuting counsel Kitty Tsang, assisted by ICAC officer Dirk Cheung.
Zhang Huixiong, 52, former property agent of Centaline Property Agency Limited (Centaline Property), was earlier found guilty of one count of fraud, contrary to Section 16A(1) of the Theft Ordinance.
In sentencing, Magistrate Ms Leung Ka-kie said the offence committed by the defendant constituted a breach of trust, warranting a custodial sentence.
The court heard that at the material time, the defendant was a licensed property agent employed by Centaline Property. She was posted to the Wong Chuk Hang Heung Yip Road Branch of Centaline Commercial.
Centaline Property maintained a database for its agents to search and list properties for sale or lease. For leasing transaction of an industrial property, Centaline Property would generally charge both the landlord and the tenant one month’s rent as agency commission.
In July 2018, the defendant logged on to the database to update the status of a property in an industrial building in Tin Wan as “open for lease”. Around a month later, the defendant received a client of Centaline Property who was looking for an office premises in Wong Chuk Hang for rent. The defendant recommended the above property in Tin Wan to the client, saying that it belonged to a friend of her.
The client entered into a tenancy agreement with the landlord in September 2018 for leasing the Tin Wan property at a monthly rental of $47,800. The defendant then updated the status of the property on Centaline Property’s database to “not for lease”, but she did not report the leasing transaction to the company.
Centaline Property terminated the defendant in early October 2018 after the above incident came to the knowledge of the company. In late October 2018, the defendant told the client that there was no need to pay any agency commission to Centaline Property as she was only helping out a friend.
According to Centaline Property’s policy, the defendant was under a duty to make full disclosure of any property transaction procured by her as property agent of Centaline Property. Had the defendant reported to the company that she had procured the leasing transaction of the property, Centaline Property would collect an agency commission of $47,800 from the client, the court heard.
The case arose from a corruption complaint. Subsequent ICAC enquiries revealed the above offence. Centaline Property had rendered full assistance to the ICAC during its investigation into the case.
The prosecution was today represented by prosecuting counsel Kitty Tsang, assisted by ICAC officer Dirk Cheung.