Ex-agents in court for $170,000 fraud over property deals
2018-2-23
Two former agents of a property agency appeared at the West Kowloon Magistracy today (February 23) after being charged by the ICAC in two cases for their roles in defrauding commissions amounting to around $170,000 in property transactions.
Ng Kwok-hung, 28, and Cho Wing-keung, 32, both former property agents of Home Fantasy Property Consultants (HFP), who were charged on Wednesday (February 21), each faced a charge of fraud, contrary to Section 16A of the Theft Ordinance.
No plea was taken today. Acting Principal Magistrate Ms Ada Yim Shun-yee adjourned the two cases to April 6 for plea.
The cases arose from a corruption complaint. Subsequent ICAC enquiries revealed the above alleged offences.
In the first case, Ng Kwok-hung was a senior property consultant of HFP at the material time, and was required to report to HFP every property transaction procured by him. He left HFP on December 20, 2016, and joined another property agency on December 22, 2016.
The charge alleged that between December 19, 2016 and April 18, 2017, the defendant, by deceit, arranged a vendor and a buyer to enter into an undertaking on December 19, 2016 to proceed with the sale and purchase of a flat of a Home Ownership Scheme (HOS) estate in Mong Kok on terms set out in the undertaking, without naming HFP as the referral estate agency to which the duo should pay their respective share of commission for signing the undertaking; did not disclose to HFP that he had caused them to enter into the undertaking during the course of his employment on December 19, 2016; and arranged them to enter into a provisional agreement for sale and purchase in respect of the HOS flat on December 22, 2016, naming that property agency as the referral estate agency of the transaction.
It was alleged that with intent to defraud, the defendant caused the duo to pay the commission payable to HFP under the undertaking, namely $47,800 and $33,460 respectively, to that property agency, which resulted in benefit to him or that property agency, or prejudice to HFP or others.
In the second case, Cho Wing-keung was an account manager of HFP at the material time, and was required to report to HFP every property transaction procured by him. He left HFP on January 1, 2017 to join the above-mentioned property agency.
The charge alleged that between December 26, 2016 and February 25, 2017, the defendant, by deceit, arranged a vendor and a buyer to enter into a provisional agreement for sale and purchase in respect of a flat of a private residential estate in Tai Kok Tsui on December 25, 2016, naming that property agency as the referral estate agency to which the duo should pay their respective share of commission; and did not disclose to HFP that he had concluded the transaction for the buyer during the course of his employment on December 25, 2016.
It was alleged that with intent to defraud, the defendant caused the buyer to pay the commission of $88,000 payable to HFP for the transaction to that property agency, which resulted in benefit to him or that property agency, or prejudice to HFP or others.
The defendants in the above two cases were each granted cash bail of $10,000. They were also ordered to reside at the reported addresses, inform the ICAC 24 hours prior to any change of address, and not to contact prosecution witnesses directly or indirectly.
HFP had rendered full assistance to the ICAC during its investigation into the cases.
The prosecution in the above two cases was today represented by ICAC officer Alchian Poon.
Ng Kwok-hung, 28, and Cho Wing-keung, 32, both former property agents of Home Fantasy Property Consultants (HFP), who were charged on Wednesday (February 21), each faced a charge of fraud, contrary to Section 16A of the Theft Ordinance.
No plea was taken today. Acting Principal Magistrate Ms Ada Yim Shun-yee adjourned the two cases to April 6 for plea.
The cases arose from a corruption complaint. Subsequent ICAC enquiries revealed the above alleged offences.
In the first case, Ng Kwok-hung was a senior property consultant of HFP at the material time, and was required to report to HFP every property transaction procured by him. He left HFP on December 20, 2016, and joined another property agency on December 22, 2016.
The charge alleged that between December 19, 2016 and April 18, 2017, the defendant, by deceit, arranged a vendor and a buyer to enter into an undertaking on December 19, 2016 to proceed with the sale and purchase of a flat of a Home Ownership Scheme (HOS) estate in Mong Kok on terms set out in the undertaking, without naming HFP as the referral estate agency to which the duo should pay their respective share of commission for signing the undertaking; did not disclose to HFP that he had caused them to enter into the undertaking during the course of his employment on December 19, 2016; and arranged them to enter into a provisional agreement for sale and purchase in respect of the HOS flat on December 22, 2016, naming that property agency as the referral estate agency of the transaction.
It was alleged that with intent to defraud, the defendant caused the duo to pay the commission payable to HFP under the undertaking, namely $47,800 and $33,460 respectively, to that property agency, which resulted in benefit to him or that property agency, or prejudice to HFP or others.
In the second case, Cho Wing-keung was an account manager of HFP at the material time, and was required to report to HFP every property transaction procured by him. He left HFP on January 1, 2017 to join the above-mentioned property agency.
The charge alleged that between December 26, 2016 and February 25, 2017, the defendant, by deceit, arranged a vendor and a buyer to enter into a provisional agreement for sale and purchase in respect of a flat of a private residential estate in Tai Kok Tsui on December 25, 2016, naming that property agency as the referral estate agency to which the duo should pay their respective share of commission; and did not disclose to HFP that he had concluded the transaction for the buyer during the course of his employment on December 25, 2016.
It was alleged that with intent to defraud, the defendant caused the buyer to pay the commission of $88,000 payable to HFP for the transaction to that property agency, which resulted in benefit to him or that property agency, or prejudice to HFP or others.
The defendants in the above two cases were each granted cash bail of $10,000. They were also ordered to reside at the reported addresses, inform the ICAC 24 hours prior to any change of address, and not to contact prosecution witnesses directly or indirectly.
HFP had rendered full assistance to the ICAC during its investigation into the cases.
The prosecution in the above two cases was today represented by ICAC officer Alchian Poon.