Duo in $142,000 wages exploitation scam each jailed for four months

2017-10-26

A former site supervisor and a former worker of a metal works company, charged by the ICAC, were today (October 26) each sentenced to four months’ imprisonment at the Eastern Magistracy for conspiracy to accept illegal wage rebates of over $142,000 in total from four other workers in relation to their employment at various construction sites.

Ng Wai-hang, 46, former site supervisor of Empire (HK) Engineering Co. Limited (Empire HK), and Tam Tat-man, 29, former general worker of Empire HK, earlier pleaded guilty to four joint charges 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.

In sentencing, Deputy Magistrate Mr Winston Leung Wing-chung said the court must not tolerate the corrupt acts of the defendants as they were serious in nature.

The deputy magistrate also ordered the defendants to pay over $142,000, or over $71,000 each, being the illegal wage rebates shared among themselves, as restitution to Empire HK.

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 April 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 April 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.

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 Chacha Chan.
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