Proprietor jailed for offering $75,000 illegal rebates to secure flooring works
2018-4-9
The proprietor of a flooring works company, charged by the ICAC, was today (April 9) sentenced to two months’ imprisonment at the Tuen Mun Magistracy for offering illegal rebates totalling $75,000 to a project manager of an engineering company in relation to the award of balcony flooring works at a private housing estate.
Yiu Kei-shing, 36, sole proprietor of Wa Shing Metal Design and Landscaping Company (Wa Shing), earlier pleaded guilty to five counts of offering an advantage to an agent, contrary to Section 9(2)(b) of the Prevention of Bribery Ordinance (POBO).
In sentencing, Acting Principal Magistrate Miss Ivy Chui Yee-mei said she had to mete out a custodial sentence to the defendant in view of the seriousness of the bribery offences committed by him.
The acting principal magistrate also said she reduced the starting point of six months in jail to two months after taking into account the defendant’s guilty plea and other mitigating factors.
The court heard that at the material time, Yiu was the sole proprietor of Wa Shing, which was engaged in flooring works. Gallant Art Contracting Engineering Limited (Gallant Art) was a contractor for the supply and installation work of wooden floorboards at balconies of nine of the blocks (the flooring works) at the construction site of a private housing estate in Wu Kai Sha.
In early 2014, Lui Man-tak, project manager of Gallant Art, invited Yiu to submit a quotation for the flooring works, and brought Yiu to the construction site for a site visit. Yiu agreed with Lui’s suggestion and gave a verbal quotation at the inflated price of $250 per square metre to Gallant Art.
The court heard that Lui informed Yiu in July 2014 that Gallant Art agreed to his verbal quotation. Yiu then commenced the flooring works and, upon Lui’s request, submitted a formal quotation for the provision of the flooring works at $250 per square metre.
As agreed by Gallant Art, the price was later confirmed to be $253 per square metre for a total floor area of over 5,800 square metres. After calculation, Yiu would charge Gallant Art a total amount of over $1.47 million for the flooring work.
In October 2015, Lui urged Yiu to give him $300,000 as the agreed rebate. After negotiation, the amount of rebate was reduced to $150,000. Lui requested Yiu to pay the rebate by five instalments.
The court heard that between October 1 and December 31, 2015, Yiu offered illegal rebates of $75,000 in total out of $150,000 to Lui on five occasions.
Meanwhile, Lui, 38, was also charged by the ICAC for his role in the scam in a separate case. He was earlier found guilty of five counts of agent accepting an advantage, contrary to Section 9(1)(b) of the POBO, and sentenced to six months’ imprisonment.
The prosecution was today represented by prosecuting counsel Selwyn So, assisted by ICAC officer Kelly Ng.
Yiu Kei-shing, 36, sole proprietor of Wa Shing Metal Design and Landscaping Company (Wa Shing), earlier pleaded guilty to five counts of offering an advantage to an agent, contrary to Section 9(2)(b) of the Prevention of Bribery Ordinance (POBO).
In sentencing, Acting Principal Magistrate Miss Ivy Chui Yee-mei said she had to mete out a custodial sentence to the defendant in view of the seriousness of the bribery offences committed by him.
The acting principal magistrate also said she reduced the starting point of six months in jail to two months after taking into account the defendant’s guilty plea and other mitigating factors.
The court heard that at the material time, Yiu was the sole proprietor of Wa Shing, which was engaged in flooring works. Gallant Art Contracting Engineering Limited (Gallant Art) was a contractor for the supply and installation work of wooden floorboards at balconies of nine of the blocks (the flooring works) at the construction site of a private housing estate in Wu Kai Sha.
In early 2014, Lui Man-tak, project manager of Gallant Art, invited Yiu to submit a quotation for the flooring works, and brought Yiu to the construction site for a site visit. Yiu agreed with Lui’s suggestion and gave a verbal quotation at the inflated price of $250 per square metre to Gallant Art.
The court heard that Lui informed Yiu in July 2014 that Gallant Art agreed to his verbal quotation. Yiu then commenced the flooring works and, upon Lui’s request, submitted a formal quotation for the provision of the flooring works at $250 per square metre.
As agreed by Gallant Art, the price was later confirmed to be $253 per square metre for a total floor area of over 5,800 square metres. After calculation, Yiu would charge Gallant Art a total amount of over $1.47 million for the flooring work.
In October 2015, Lui urged Yiu to give him $300,000 as the agreed rebate. After negotiation, the amount of rebate was reduced to $150,000. Lui requested Yiu to pay the rebate by five instalments.
The court heard that between October 1 and December 31, 2015, Yiu offered illegal rebates of $75,000 in total out of $150,000 to Lui on five occasions.
Meanwhile, Lui, 38, was also charged by the ICAC for his role in the scam in a separate case. He was earlier found guilty of five counts of agent accepting an advantage, contrary to Section 9(1)(b) of the POBO, and sentenced to six months’ imprisonment.
The prosecution was today represented by prosecuting counsel Selwyn So, assisted by ICAC officer Kelly Ng.