Ex-senior staff of charitable organisation in court over theft, fraud and perversion

2016-1-20

Two former senior staff members of a charitable organisation appeared in the Eastern Magistracy today (Wednesday) after being charged by the ICAC with misappropriating funds totalling over $600,000 from the organisation, fraud, perversion and possessing false instruments.

Leung Man-lee, 39, then financial controller of Yan Oi Tong Limited (YOT); and Chan Ka-wing, 36, then internal auditor of YOT, who were charged on Monday (January 18), respectively faced three counts and two counts of theft, contrary to Section 9 of the Theft Ordinance.

Leung further faced five charges – four of fraud, contrary to Section 16A of the Theft Ordinance, and one of doing acts tending and intended to pervert the course of public justice, contrary to Common Law.

Chan alone also faced one count of possessing false instruments, contrary to Section 75(2) of the Crimes Ordinance.

No plea was taken today. Principal Magistrate Ms Bina Chainrai transferred the case to the District Court for plea on February 5 this year.

The case arose from a corruption complaint. Subsequent ICAC enquiries revealed the above alleged offences.

At the material time, Leung was the financial controller cum company secretary of YOT, a charitable organisation providing medical, education and social services in Hong Kong; while Chan was its internal auditor.

Four of the charges alleged that on January 29, 2013 and March 4, 2013 Leung and Chan stole $54,000 and $27,000 each respectively, totalling $162,000, all being the properties of YOT.

Another charge alleged that between January 29 and April 26, 2013, Leung stole over $442,000, being the property of YOT.

Four other charges alleged that between March 1 and May 31, 2013, Leung falsely represented to YOT that its board of directors had approved changes in the signing combination of the authorised bank signatories combinations of bank accounts in the name of YOT, and with intent to defraud, induced YOT to cause changes in the lists of authorised signatories combinations of 30 bank accounts in the name of YOT with four banks.

Another charge alleged that on May 16, 2013, Chan, without lawful authority or excuse, had in his custody nine documents entitled “cheque payment for the full time staff” purported to have been signed by the then chief executive officer of YOT and in favour of Chan, which Chan knew or believed to be false.

The remaining charge alleged that between February 4 and 27, 2014, Leung did a series of acts which had a tendency to pervert the course of public justice by supplying to the Labour Tribunal false documents, including copies of nine documents entitled “cheque payment for the full time staff” purported to have been signed by the then chief executive officer of YOT and in favour of Leung, to support his claim.

The management of YOT had rendered full assistance to the ICAC during its investigation.

The prosecution was today represented by ICAC officer Winnie Wong.
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