Six months’ jail for bribing bank staff with perfume
2016-9-27
A director of a trading company, charged by the ICAC, was today (Tuesday) sentenced to six months’ imprisonment at the Kowloon City Magistracy after he admitted having offered a bottle of perfume worth $1,350 as a bribe to an employee of a bank for assisting him in opening an account for his company.
Chen Zhengxi, 44, sole director-cum-shareholder of Yanska Holdings (Hongkong) Co., Limited (Yanska), yesterday (Monday) pleaded guilty to one count of offering an advantage to an agent, contrary to Section 9(2)(a) of the Prevention of Bribery Ordinance.
In passing the sentence, Principal Magistrate Mr Peter Law Tak-chuen said the defendant did not commit the bribery offence out of impulse as he had premeditated it.
The magistrate stressed that the court could not mete out a lenient sentence to the defendant as he had bribed an employee of a financial institution, otherwise the interest and image of Hong Kong as a financial centre would be jeopardised.
The magistrate added that he reduced the starting point of nine months in jail by one-third to six months after taking into account the defendant’s guilty plea.
The court heard that at the material time, the defendant was the sole director-cum-shareholder of Yanska, a trading company registered in Hong Kong.
On June 29 this year, the defendant visited the business centre of The Hongkong and Shanghai Banking Corporation Limited (HSBC) in Mong Kok by appointment to open an account for Yanska. He was received by a female assistant manager at the bank.
When asked by the assistant manager to provide details about the business of Yanska and what service he needed from HSBC, the defendant failed to answer those questions. The assistant manager then requested him to provide her with further supporting documents within two weeks.
The court heard that on July 12 this year, the defendant attended the business centre again without an appointment. After entering the office of the assistant manager, the defendant submitted further supporting documents to her.
The assistant manager left her office to photocopy those supporting documents. Upon return to her office, the assistant manager found a small shopping bag placed on a cabinet behind her seat.
The defendant told the assistant manager that he had offered her a bottle of branded vaporisateur spray in order to make friends with her. After the assistant manager rejected his offer repeatedly, the defendant took back the bag, and put it into his briefcase, the court heard.
Before leaving the office of the assistant manager, the defendant asked if he could submit fewer supporting documents to her. After the assistant manager said the application would be considered by another department of the bank, the defendant left her office.
On September 22 this year, the defendant was arrested by ICAC officers. He was found in possession of the bag containing a bottle of branded vaporisateur spray and a receipt which showed that the defendant purchased the branded vaporisateur spray at $1,350 on July 11 this year, a day before his second meeting with the assistant manager, the court was told.
HSBC had rendered full assistance to the ICAC during its investigation.
The prosecution was today represented by ICAC officer Jacky Lee.
Chen Zhengxi, 44, sole director-cum-shareholder of Yanska Holdings (Hongkong) Co., Limited (Yanska), yesterday (Monday) pleaded guilty to one count of offering an advantage to an agent, contrary to Section 9(2)(a) of the Prevention of Bribery Ordinance.
In passing the sentence, Principal Magistrate Mr Peter Law Tak-chuen said the defendant did not commit the bribery offence out of impulse as he had premeditated it.
The magistrate stressed that the court could not mete out a lenient sentence to the defendant as he had bribed an employee of a financial institution, otherwise the interest and image of Hong Kong as a financial centre would be jeopardised.
The magistrate added that he reduced the starting point of nine months in jail by one-third to six months after taking into account the defendant’s guilty plea.
The court heard that at the material time, the defendant was the sole director-cum-shareholder of Yanska, a trading company registered in Hong Kong.
On June 29 this year, the defendant visited the business centre of The Hongkong and Shanghai Banking Corporation Limited (HSBC) in Mong Kok by appointment to open an account for Yanska. He was received by a female assistant manager at the bank.
When asked by the assistant manager to provide details about the business of Yanska and what service he needed from HSBC, the defendant failed to answer those questions. The assistant manager then requested him to provide her with further supporting documents within two weeks.
The court heard that on July 12 this year, the defendant attended the business centre again without an appointment. After entering the office of the assistant manager, the defendant submitted further supporting documents to her.
The assistant manager left her office to photocopy those supporting documents. Upon return to her office, the assistant manager found a small shopping bag placed on a cabinet behind her seat.
The defendant told the assistant manager that he had offered her a bottle of branded vaporisateur spray in order to make friends with her. After the assistant manager rejected his offer repeatedly, the defendant took back the bag, and put it into his briefcase, the court heard.
Before leaving the office of the assistant manager, the defendant asked if he could submit fewer supporting documents to her. After the assistant manager said the application would be considered by another department of the bank, the defendant left her office.
On September 22 this year, the defendant was arrested by ICAC officers. He was found in possession of the bag containing a bottle of branded vaporisateur spray and a receipt which showed that the defendant purchased the branded vaporisateur spray at $1,350 on July 11 this year, a day before his second meeting with the assistant manager, the court was told.
HSBC had rendered full assistance to the ICAC during its investigation.
The prosecution was today represented by ICAC officer Jacky Lee.