Four months’ jail for bribery and criminal intimidation over computer sale at university
2016-9-19
A marketing manager of an events organiser, charged by the ICAC, was today (Monday) sentenced to four months’ imprisonment at the Kowloon City Magistracy for conspiracy to offer a bribe of $100,000 and a quantity of computer products to a then president of the Students’ Union (SU) of the Hong Kong Polytechnic University (PolyU), and to criminally intimidate the president in relation to the sale of computers at PolyU.
Chak Hok-ming, 33, a marketing manager of Celebrity Limited (Celebrity), earlier pleaded guilty to three charges – two of conspiracy to offer an advantage to an agent, contrary to Section 9(2)(a) of the Prevention of Bribery Ordinance and Section 159A of the Crimes Ordinance; and one of conspiracy to commit criminal intimidation, contrary to Section 24(b)(ii) and Section 159A of the Crimes Ordinance.
In sentencing, Principal Magistrate Mr Peter Law Tak-chuen said probity is a core value of Hong Kong. Any act that undermined this core value was a very serious offence, thus warranting an immediate custodial sentence.
The principal magistrate added that he reduced the starting point of six months in jail to four months after taking into account various factors, including Chak’s guilty plea and his remorse.
The court heard that each year, PolyU and its SU jointly organised a Notebook Ownership Programme (the Programme). Under the Programme, selected brands of computer products were offered to students, staff members and alumni of PolyU to purchase at discount prices through the respective computer brand distributor.
In mid-March 2015, the president of the SU of PolyU received a cold call from Wong Ka-ming, a then representative of Sunlite Computronics Limited (Sunlite), who introduced himself as a representative of Celebrity.
Chak and Wong claimed at a meeting held on March 27, 2015 with the SU president that they were engaged by Sunlite to secure business in the 2015 Programme. They asked the SU president to arrange for Sunlite to be the distributor in the event and promised to offer him a sum of $100,000 in return.
The court heard that at a second meeting held on April 1, 2015 with the SU president, Chak elaborated that Sunlite was the distributor of two computer brands in Hong Kong.
At the meeting, Chak and Wong asked that the two brands be selected for the 2015 Programme, and reiterated to offer $100,000 to the SU president as a reward. The duo also suggested sponsoring PolyU and/or its SU with computer products worth $200,000 or $200,000 cash.
The court heard that after the SU president declined the offers in a subsequent phone call, he met with Chak and Wong again on April 10, 2015.
Chak claimed that he was in possession of materials showing that persons previously holding the office of the SU had had under-the-table dealings with a competitor of Sunlite, and threatened to publish those materials if the two brands mentioned were not selected for the 2015 Programme.
Chak and Wong warned that as a result, the reputation of the SU would be undermined, the court was told.
Wong, 26, who was also charged by the ICAC for his role in the case, earlier pleaded guilty to two counts of conspiracy to offer an advantage to an agent and one of conspiracy to commit criminal intimidation. He will be sentenced on October 18 this year.
PolyU had rendered full assistance to the ICAC during its investigation.
The prosecution was today represented by prosecuting counsel Bernard Yuen, assisted by ICAC officer Monica Lo.
Chak Hok-ming, 33, a marketing manager of Celebrity Limited (Celebrity), earlier pleaded guilty to three charges – two of conspiracy to offer an advantage to an agent, contrary to Section 9(2)(a) of the Prevention of Bribery Ordinance and Section 159A of the Crimes Ordinance; and one of conspiracy to commit criminal intimidation, contrary to Section 24(b)(ii) and Section 159A of the Crimes Ordinance.
In sentencing, Principal Magistrate Mr Peter Law Tak-chuen said probity is a core value of Hong Kong. Any act that undermined this core value was a very serious offence, thus warranting an immediate custodial sentence.
The principal magistrate added that he reduced the starting point of six months in jail to four months after taking into account various factors, including Chak’s guilty plea and his remorse.
The court heard that each year, PolyU and its SU jointly organised a Notebook Ownership Programme (the Programme). Under the Programme, selected brands of computer products were offered to students, staff members and alumni of PolyU to purchase at discount prices through the respective computer brand distributor.
In mid-March 2015, the president of the SU of PolyU received a cold call from Wong Ka-ming, a then representative of Sunlite Computronics Limited (Sunlite), who introduced himself as a representative of Celebrity.
Chak and Wong claimed at a meeting held on March 27, 2015 with the SU president that they were engaged by Sunlite to secure business in the 2015 Programme. They asked the SU president to arrange for Sunlite to be the distributor in the event and promised to offer him a sum of $100,000 in return.
The court heard that at a second meeting held on April 1, 2015 with the SU president, Chak elaborated that Sunlite was the distributor of two computer brands in Hong Kong.
At the meeting, Chak and Wong asked that the two brands be selected for the 2015 Programme, and reiterated to offer $100,000 to the SU president as a reward. The duo also suggested sponsoring PolyU and/or its SU with computer products worth $200,000 or $200,000 cash.
The court heard that after the SU president declined the offers in a subsequent phone call, he met with Chak and Wong again on April 10, 2015.
Chak claimed that he was in possession of materials showing that persons previously holding the office of the SU had had under-the-table dealings with a competitor of Sunlite, and threatened to publish those materials if the two brands mentioned were not selected for the 2015 Programme.
Chak and Wong warned that as a result, the reputation of the SU would be undermined, the court was told.
Wong, 26, who was also charged by the ICAC for his role in the case, earlier pleaded guilty to two counts of conspiracy to offer an advantage to an agent and one of conspiracy to commit criminal intimidation. He will be sentenced on October 18 this year.
PolyU had rendered full assistance to the ICAC during its investigation.
The prosecution was today represented by prosecuting counsel Bernard Yuen, assisted by ICAC officer Monica Lo.