Manager jailed for offering illegal commission of Euro 50,000 to bank staff
2017-11-22
A manager of a web services company, charged by the ICAC, was today (November 22) sentenced to three months’ imprisonment at the Eastern Magistracy for having offered an illegal commission of Euro 50,000 to an assistant vice president of a bank for assisting him in handling a remittance of Euro five million.
Samuel Alexandre Nicolas Bongard, 29, manager of Web Marketing 26 Limited (Web 26), yesterday 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 sentencing, Principal Magistrate Ms Bina Chainrai said there were no exceptional circumstances in the case that warranted a non-custodial sentence.
The principal magistrate said she reduced the defendant’s jail term to three months from the starting point of four and a half months after taking into account his guilty plea.
Upon the defendant’s application, the principal magistrate allowed him to extend his cash bail of HK$100,000 pending an appeal against sentence. He was also ordered to abide by other bail terms, including surrendering all travel documents, not to leave Hong Kong, and residing at the reported address.
The court heard that at the material time, the defendant was a manager of Web 26, a web services company in Hong Kong. He was the sole signatory of its business integrated account with The Hongkong and Shanghai Banking Corporation Limited (HSBC).
In mid-November 2016, the defendant was expecting a remittance of Euro five million sent by telegraph transfer to his account by a client for the purpose of investment.
The defendant made enquiries at the HSBC Central and Western Business Centre (business centre), but the remittance had yet to be received in the account of Web 26 with HSBC.
On December 13, 2016, the defendant sent an email to a female assistant vice president of the business centre. In the email, he said he wanted to know if he could tell his client to contact her over the remittance, and that if the assistant vice president could help him, he would give her one per cent of the remittance, which was equivalent to Euro 50,000. The assistant vice president reported the matter to her supervisors.
The court heard that the defendant was arrested by the ICAC on October 22, 2017 when he came to Hong Kong.
Under caution, the defendant admitted that on December 13, 2016, he sent the email to the assistant vice president offering to give her one per cent of the remittance, hoping that she would spend more time or efforts in checking the status of the remittance for him.
The defendant also said he regarded the one per cent of the remittance as a commission for the assistant vice president, the court was told.
The management of HSBC had rendered full assistance to the ICAC during its investigation.
The prosecution was today represented by Acting Senior Public Prosecutor Anthea Kwok, assisted by ICAC officer Rosita Lee.
Samuel Alexandre Nicolas Bongard, 29, manager of Web Marketing 26 Limited (Web 26), yesterday 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 sentencing, Principal Magistrate Ms Bina Chainrai said there were no exceptional circumstances in the case that warranted a non-custodial sentence.
The principal magistrate said she reduced the defendant’s jail term to three months from the starting point of four and a half months after taking into account his guilty plea.
Upon the defendant’s application, the principal magistrate allowed him to extend his cash bail of HK$100,000 pending an appeal against sentence. He was also ordered to abide by other bail terms, including surrendering all travel documents, not to leave Hong Kong, and residing at the reported address.
The court heard that at the material time, the defendant was a manager of Web 26, a web services company in Hong Kong. He was the sole signatory of its business integrated account with The Hongkong and Shanghai Banking Corporation Limited (HSBC).
In mid-November 2016, the defendant was expecting a remittance of Euro five million sent by telegraph transfer to his account by a client for the purpose of investment.
The defendant made enquiries at the HSBC Central and Western Business Centre (business centre), but the remittance had yet to be received in the account of Web 26 with HSBC.
On December 13, 2016, the defendant sent an email to a female assistant vice president of the business centre. In the email, he said he wanted to know if he could tell his client to contact her over the remittance, and that if the assistant vice president could help him, he would give her one per cent of the remittance, which was equivalent to Euro 50,000. The assistant vice president reported the matter to her supervisors.
The court heard that the defendant was arrested by the ICAC on October 22, 2017 when he came to Hong Kong.
Under caution, the defendant admitted that on December 13, 2016, he sent the email to the assistant vice president offering to give her one per cent of the remittance, hoping that she would spend more time or efforts in checking the status of the remittance for him.
The defendant also said he regarded the one per cent of the remittance as a commission for the assistant vice president, the court was told.
The management of HSBC had rendered full assistance to the ICAC during its investigation.
The prosecution was today represented by Acting Senior Public Prosecutor Anthea Kwok, assisted by ICAC officer Rosita Lee.