Ten months’ jail for offering illegal commissions to secure business
2016-12-15
A former marketing manager of a trading company, charged by the ICAC, was today (December 15) sentenced to 10 months’ imprisonment at the Eastern Magistracy for having offered illegal commissions to five employees of three supermarkets and another trading company to secure business.
Lai Suet-man, 41, former marketing manager of Prime Developments Company Limited (Prime Developments), earlier pleaded guilty to five counts of offering an advantage to an agent, contrary to Section 9(2)(a) of the Prevention of Bribery Ordinance.
In sentencing, Acting Principal Magistrate Mr Joseph To Ho-shing said the defendant acted continuously to offer illegal commissions to secure business, thus warranting a custodial sentence.
The court heard that at the material time, the defendant was a marketing manager of Prime Developments, a trading company sourcing food products from Japan. She was responsible for liaising with local food retailers, including Great Food Hall, Kai Yu Asia Pacific Limited (Kai Yu), Yata Limited (Yata) and Food Garden Limited (Food Garden).
Great Food Hall is a supermarket run by PARKnSHOP (HK) Limited (PARKnSHOP). Yata and Food Garden operate supermarkets in Hong Kong, while Kai Yu is a food trading company.
In January 2015, the defendant approached a buying manager of PARKnSHOP to list Prime Developments’ onion at its supermarkets in vain.
Between June 17 and August 20, 2015, the defendant sent an email and smartphone messages to the executive chef and an assistant department manager of Great Food Hall to offer to them a commission at a rate of 3-5% of the wholesale price of food products as agreed between Prime Developments and Great Food Hall.
On two occasions when the defendant met the executive chef of Great Food Hall, she reiterated and confirmed that a commission equivalent to 5% of the sales volume of Prime Developments’ products would be given to him.
The court heard that on three occasions in June 2015, the defendant also sent smartphone messages to an operation manager of Kai Yu, stating that “You can take $5/kg” for wagyu.
Between July 7 and August 6, 2015, the defendant offered a commission ranging from $0.5 to $2 for each kilogramme of onions and $2 for each bag of carrots to a senior section manager of Yata by sending various smartphone messages to the manager.
In the messages, the defendant stated various calculations of commissions, including “Marketing Funds Rebate to your team: $1,000”, “Total 452pk x HK$2/pk = $904” and “Cash rebate HK$400”.
The defendant also offered a commission at a rate of $2 per bag of Japan organic carrots to a sourcing manager of Food Garden by sending smartphone messages to the manager on August 5, 2015. In the messages, she stated that “Each case reverts HK$40”, the court was told.
PARKnSHOP, Kai Yu, Yata and Food Garden had rendered full assistance to the ICAC during its investigation.
The prosecution was today represented by ICAC officer Winnie Fung.
Lai Suet-man, 41, former marketing manager of Prime Developments Company Limited (Prime Developments), earlier pleaded guilty to five counts of offering an advantage to an agent, contrary to Section 9(2)(a) of the Prevention of Bribery Ordinance.
In sentencing, Acting Principal Magistrate Mr Joseph To Ho-shing said the defendant acted continuously to offer illegal commissions to secure business, thus warranting a custodial sentence.
The court heard that at the material time, the defendant was a marketing manager of Prime Developments, a trading company sourcing food products from Japan. She was responsible for liaising with local food retailers, including Great Food Hall, Kai Yu Asia Pacific Limited (Kai Yu), Yata Limited (Yata) and Food Garden Limited (Food Garden).
Great Food Hall is a supermarket run by PARKnSHOP (HK) Limited (PARKnSHOP). Yata and Food Garden operate supermarkets in Hong Kong, while Kai Yu is a food trading company.
In January 2015, the defendant approached a buying manager of PARKnSHOP to list Prime Developments’ onion at its supermarkets in vain.
Between June 17 and August 20, 2015, the defendant sent an email and smartphone messages to the executive chef and an assistant department manager of Great Food Hall to offer to them a commission at a rate of 3-5% of the wholesale price of food products as agreed between Prime Developments and Great Food Hall.
On two occasions when the defendant met the executive chef of Great Food Hall, she reiterated and confirmed that a commission equivalent to 5% of the sales volume of Prime Developments’ products would be given to him.
The court heard that on three occasions in June 2015, the defendant also sent smartphone messages to an operation manager of Kai Yu, stating that “You can take $5/kg” for wagyu.
Between July 7 and August 6, 2015, the defendant offered a commission ranging from $0.5 to $2 for each kilogramme of onions and $2 for each bag of carrots to a senior section manager of Yata by sending various smartphone messages to the manager.
In the messages, the defendant stated various calculations of commissions, including “Marketing Funds Rebate to your team: $1,000”, “Total 452pk x HK$2/pk = $904” and “Cash rebate HK$400”.
The defendant also offered a commission at a rate of $2 per bag of Japan organic carrots to a sourcing manager of Food Garden by sending smartphone messages to the manager on August 5, 2015. In the messages, she stated that “Each case reverts HK$40”, the court was told.
PARKnSHOP, Kai Yu, Yata and Food Garden had rendered full assistance to the ICAC during its investigation.
The prosecution was today represented by ICAC officer Winnie Fung.