Ex-telecom company trio charged by ICAC with bribery and dishonest access to computer for disclosing customer data
2022-9-5
The ICAC today (September 5) charged three former employees of a telecommunications company with dishonestly obtaining access to computer systems of the company, and soliciting and accepting bribes for disclosing personal information and data of about 4,700 customers of the company to others.
The defendants are Lau Shing-yan, 36, and Lai Sze-ting, 28, respectively former team leader and former junior marketing executive of PayTV Department of PCCW Services Limited (PCCW); and Kan Siu-kei, 38, former sales supervisor of Direct Sales Department of PCCW. They were released on ICAC bail, pending their appearance in the West Kowloon Magistrates’ Courts on Wednesday (September 7) for plea.
The trio face a total of four bribery charges – one of agent soliciting advantages and three of conspiracy for an agent to accept advantages, contrary to Section 9(1)(a) of the Prevention of Bribery Ordinance and Sections 159A of the Crimes Ordinance.
They further face three other charges – one of obtaining access to a computer with dishonest intent and two of conspiracy to obtain access to computers with dishonest intent, contrary to Sections 161(1)(c) and 159A of the Crimes Ordinance.
The alleged offences took place between June 2017 and October 2018. At the material time, PCCW maintained two computer systems for safekeeping personal information and data of customers (Customers’ Particulars), including their names, Hong Kong Identity Card numbers, phone numbers and addresses. Only designated PCCW staff were authorised to have access to the computer databases. Lau, Lai and Kan were each assigned a desktop computer with the two computer systems installed, and Kan a tablet computer with one of the computer systems installed.
Two of the bribery charges allege that Lau, without lawful authority or reasonable excuse, solicited unknown sums of loans from a person, and conspired with another person to accept two bribes from the latter for Lau to peruse and search the computer systems of PCCW for Customers’ Particulars and disclose to the two persons the Customers’ Particulars obtained from the computer systems. ICAC investigation revealed that the two bribes amounted to $13,000.
Two other bribery charges allege that Lau conspired together with Lai or Kan for Lai and Kan to, without lawful authority or reasonable excuse, respectively accept $4,000 and $2,000 from Lau as an inducement to or reward for the duo to peruse and search the computer systems of PCCW for Customers’ Particulars and disclose to Lau the Customers’ Particulars obtained from the computer systems.
The remaining charges allege that Lau obtained access to and conspired together with Lai or Kan to obtain access to three desktop computers and a tablet computer assigned to them by PCCW with a view to dishonest gain for themselves or another.
The ICAC investigation arose from a corruption complaint. Investigation revealed that the defendants had allegedly disclosed Customers’ Particulars of about 4,700 customers of PCCW obtained from the company’s computer database to the two persons mentioned in the above charges on various occasions.
The ICAC reminds telecommunications industry practitioners that accepting advantages for disclosing customer data is a serious offence. The Commission will continue to assist telecommunications companies to strengthen their internal monitoring system and enhance the integrity standard of their staff for preventing corruption and malpractices. For more information, please contact the Hong Kong Business Ethics Development Centre (hkbedc.icac.hk/en).
PCCW has rendered full assistance to the ICAC during its investigation into the case.
The defendants are Lau Shing-yan, 36, and Lai Sze-ting, 28, respectively former team leader and former junior marketing executive of PayTV Department of PCCW Services Limited (PCCW); and Kan Siu-kei, 38, former sales supervisor of Direct Sales Department of PCCW. They were released on ICAC bail, pending their appearance in the West Kowloon Magistrates’ Courts on Wednesday (September 7) for plea.
The trio face a total of four bribery charges – one of agent soliciting advantages and three of conspiracy for an agent to accept advantages, contrary to Section 9(1)(a) of the Prevention of Bribery Ordinance and Sections 159A of the Crimes Ordinance.
They further face three other charges – one of obtaining access to a computer with dishonest intent and two of conspiracy to obtain access to computers with dishonest intent, contrary to Sections 161(1)(c) and 159A of the Crimes Ordinance.
The alleged offences took place between June 2017 and October 2018. At the material time, PCCW maintained two computer systems for safekeeping personal information and data of customers (Customers’ Particulars), including their names, Hong Kong Identity Card numbers, phone numbers and addresses. Only designated PCCW staff were authorised to have access to the computer databases. Lau, Lai and Kan were each assigned a desktop computer with the two computer systems installed, and Kan a tablet computer with one of the computer systems installed.
Two of the bribery charges allege that Lau, without lawful authority or reasonable excuse, solicited unknown sums of loans from a person, and conspired with another person to accept two bribes from the latter for Lau to peruse and search the computer systems of PCCW for Customers’ Particulars and disclose to the two persons the Customers’ Particulars obtained from the computer systems. ICAC investigation revealed that the two bribes amounted to $13,000.
Two other bribery charges allege that Lau conspired together with Lai or Kan for Lai and Kan to, without lawful authority or reasonable excuse, respectively accept $4,000 and $2,000 from Lau as an inducement to or reward for the duo to peruse and search the computer systems of PCCW for Customers’ Particulars and disclose to Lau the Customers’ Particulars obtained from the computer systems.
The remaining charges allege that Lau obtained access to and conspired together with Lai or Kan to obtain access to three desktop computers and a tablet computer assigned to them by PCCW with a view to dishonest gain for themselves or another.
The ICAC investigation arose from a corruption complaint. Investigation revealed that the defendants had allegedly disclosed Customers’ Particulars of about 4,700 customers of PCCW obtained from the company’s computer database to the two persons mentioned in the above charges on various occasions.
The ICAC reminds telecommunications industry practitioners that accepting advantages for disclosing customer data is a serious offence. The Commission will continue to assist telecommunications companies to strengthen their internal monitoring system and enhance the integrity standard of their staff for preventing corruption and malpractices. For more information, please contact the Hong Kong Business Ethics Development Centre (hkbedc.icac.hk/en).
PCCW has rendered full assistance to the ICAC during its investigation into the case.