Worker admits $142,000 exploitation scam

2017-8-17

A former worker of a metal works company, charged by the ICAC, admitted at the Eastern Magistracy today (August 17) that he had conspired with a former site supervisor to accept illegal wage rebates of over $142,000 in total from four other workers in relation to their employment at various construction sites.

Tam Tat-man, 29, former general worker of Empire (HK) Engineering Co. Limited (Empire HK), pleaded guilty to four counts of conspiracy for an agent to accept an advantage, contrary to Section 9(1)(a) of the Prevention of Bribery Ordinance and Section 159A of the Crimes Ordinance. The prosecution offered no evidence in respect of two similar charges against him.

Deputy Magistrate Mr Winston Leung Wing-chung adjourned the case to October 26 this year for sentence, pending probation and community service order reports. The defendant was granted cash bail of $5,000.

The court heard that at the material time, Ng Wai-hang was employed by Empire HK as a site supervisor to recruit general workers for Empire HK and two other companies (the three companies) to work at 10 construction sites. The three companies, which were set up by the same proprietor, were contractors specialising in metal works.

In December 2014, Ng introduced Tam to work for two of the three companies, including Empire HK, as a general worker.

Upon Ng’s introduction, three other persons started to work as general workers at various construction sites. At the end of each month, they were required to report their actual number of working days to Tam, who would provide the records to Ng.

Ng told the three general workers that they had to refund part of their wages to Ng’s supervisor as it was a trade practice. Believing that their employment would be terminated if they did not do so, the trio respectively paid $40,075, $24,650 and $18,050 to Ng between March and December 2015.

The court also heard that Tam asked another general worker who he introduced to work at various construction sites to refund part of his wages to Ng.

Between August and November 2015, that general worker paid $59,380 to Ng as he believed that if his did not do so, Tam would not have introduced him to the job.

Ng, 46, former site supervisor of Empire HK, was also charged by the ICAC for his role in the scam. He earlier pleaded guilty to the four abovementioned joint charges of conspiracy for an agent to accept an advantage. His case was also adjourned to October 26 this year for mention.

Empire HK had rendered full assistance to the ICAC during its investigation.

The prosecution was today represented by prosecuting counsel Marco Li, assisted by ICAC officer Eric Chan.
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