Three months’ jail for accepting $15,000 illegal rebates to place seafood orders
2017-4-28
A former supervisor of a Japanese restaurant, charged by the ICAC, was today (April 28) sentenced to three months’ imprisonment at the Kowloon City Magistracy after admitting his charge of accepting illegal rebates of over $15,000 in total from a food supplier for placing seafood orders with the latter.
Lai Ka-fat, 31, former supervisor of Daixija Japanese Buffet (Daixija) under Funny Castle Limited (Funny Castle), today pleaded guilty to one count of agent accepting an advantage, contrary to Section 9(1)(a) of the Prevention of Bribery Ordinance.
In sentencing, Deputy Magistrate Mr Leung Lai-yin said he reduced the starting point of four months in jail by one-fourth to three months after taking into account the defendant’s guilty plea before the commencement of the trial.
The deputy magistrate also ordered the defendant to make over $15,000 as restitution to Funny Castle.
The court heard that at the material time, the defendant was employed by Funny Castle as supervisor of the sashimi section of Daixija, a Japanese restaurant in Jordan, Kowloon.
Among other duties, the defendant was responsible for placing orders with food suppliers, including a food trading company.
In late May 2015, the sole proprietor of the food trading company contacted the defendant after a friend told him that the defendant wanted to place seafood orders.
The court heard that at a first meeting, the defendant told the sole operator that he was working with Daixijia. The sole operator then supplied the quotations of the food trading company to the defendant.
When they met again, the defendant said the quotations of the food trading company were alright, and asked the sole operator if he had “that thing” to give him.
Having made a gesture of counting money, the defendant told the sole operator to “give him eight”. It meant that if the defendant ordered goods worth $100 from the sole operator, the sole operator had to give him $8. The sole operator understood that the defendant was asking for a rebate.
One or two days later, the sole operator called the defendant to express his willingness to offer the rebate. Between June and September 2015, Daixija placed $250,000 worth of seafood orders with the food trading company.
The court heard that in July 2015, the operator of Daixija found that the profit margin of the sashimi section was declining, while Daixija received complaints about the poor quality of seafood from customers.
On September 8, 2015, the defendant and other staff members of the sashimi section suddenly tendered their resignations without reasons.
Investigation revealed that the sole operator offered rebates of $15,813 in total to the defendant between June and September 2015, the court was told.
Funny Castle had rendered full assistance to the ICAC during its investigation.
The prosecution was today represented by prosecuting counsel Kenny Chan, assisted by ICAC officer Ming Lee.
Lai Ka-fat, 31, former supervisor of Daixija Japanese Buffet (Daixija) under Funny Castle Limited (Funny Castle), today pleaded guilty to one count of agent accepting an advantage, contrary to Section 9(1)(a) of the Prevention of Bribery Ordinance.
In sentencing, Deputy Magistrate Mr Leung Lai-yin said he reduced the starting point of four months in jail by one-fourth to three months after taking into account the defendant’s guilty plea before the commencement of the trial.
The deputy magistrate also ordered the defendant to make over $15,000 as restitution to Funny Castle.
The court heard that at the material time, the defendant was employed by Funny Castle as supervisor of the sashimi section of Daixija, a Japanese restaurant in Jordan, Kowloon.
Among other duties, the defendant was responsible for placing orders with food suppliers, including a food trading company.
In late May 2015, the sole proprietor of the food trading company contacted the defendant after a friend told him that the defendant wanted to place seafood orders.
The court heard that at a first meeting, the defendant told the sole operator that he was working with Daixijia. The sole operator then supplied the quotations of the food trading company to the defendant.
When they met again, the defendant said the quotations of the food trading company were alright, and asked the sole operator if he had “that thing” to give him.
Having made a gesture of counting money, the defendant told the sole operator to “give him eight”. It meant that if the defendant ordered goods worth $100 from the sole operator, the sole operator had to give him $8. The sole operator understood that the defendant was asking for a rebate.
One or two days later, the sole operator called the defendant to express his willingness to offer the rebate. Between June and September 2015, Daixija placed $250,000 worth of seafood orders with the food trading company.
The court heard that in July 2015, the operator of Daixija found that the profit margin of the sashimi section was declining, while Daixija received complaints about the poor quality of seafood from customers.
On September 8, 2015, the defendant and other staff members of the sashimi section suddenly tendered their resignations without reasons.
Investigation revealed that the sole operator offered rebates of $15,813 in total to the defendant between June and September 2015, the court was told.
Funny Castle had rendered full assistance to the ICAC during its investigation.
The prosecution was today represented by prosecuting counsel Kenny Chan, assisted by ICAC officer Ming Lee.