Duo jailed for $43,000 bribery over food orders
2018-4-9
The proprietor of a food company and a delivery worker of a grocery, charged by the ICAC, were sentenced to jail terms up to five months at the Tuen Mun Magistracy today (April 9) after admitting having offered illegal rebates totalling over $43,000 in relation to placing orders of food items.
Li Chun-ning, 39, proprietor of Wah Kee Food Company (Wah Kee), received a jail term of five months, while Lau Tsz-wai, 39, delivery worker of Yau Wai Grocery (Yau Wai), was jailed for three months. The court ordered that the rebate of $1,700 offered by Lau to Ho Yuk-hang, supervisor of the dim sum section of Sun Ming Yuen Banquet Hall (Sun Ming Yuen), be confiscated.
Li and Lau each pleaded guilty to one count of conspiracy for an agent to accept advantages, contrary to Section 9(1)(a) of the Prevention of Bribery Ordinance (POBO) and Section 159A of the Crimes Ordinance.
Li alone admitted 15 counts of offering an advantage to an agent, contrary to Section 9(2)(a) of the POBO, while the prosecution offered no evidence to three similar charges against him.
In sentencing, Acting Principal Magistrate Miss Ivy Chui Yee-mei said she imposed custodial sentences on the defendants as the bribery offences committed by them were serious in nature.
Pointing out that customary rules could not override laws, the magistrate also said the defendants had offered illegal rebates to secure business continuously and the amounts of such illegal rebates were not small.
The court heard that at the material time, Li was the proprietor of Wah Kee, an authorised dim sum ingredient supplier of Sun Ming Yuen, a Chinese restaurant in Yuen Long. Wah Kee also supplied dim sum ingredients to other Chinese restaurants, including Golden Diamond Chinese Cuisine (Golden Diamond) in North Point and East Harbour Seafood & Hot Pot Restaurant (East Harbour) in Wong Tai Sin.
Yau Wai was also an authorised dim sum ingredient supplier of Sun Ming Yuen. Lau, son of the proprietor of Yau Wai, worked as its delivery worker.
The court heard that in about April 2016, a colleague of Ho found that Ho had ordered unnecessary food items with Wah Kee. Upon enquiry, Ho told his colleague that he had accepted illegal rebates from Wah Kee and some other food suppliers.
Between April 1 and November 30, 2016, Li and Ho conspired together and with Li’s mother for Ho to accept $7,200 from Li as rewards for Ho placing orders of food items with Wah Kee.
Between April 1 and December 4, 2016, Lau and Ho conspired together and with the proprietor of Yau Wai for Ho to accept about $9,000, including $1,700 on December 4, 2016, from Lau as rewards for Ho placing orders of food items with Yau Wai.
The court also heard that between August 31, 2013 and November 30, 2016, Li offered illegal rebates totalling over $27,000 in total to employees of six Chinese restaurants, including Golden Diamond and East Harbour, as rewards for placing orders with Wah Kee.
Meanwhile, Ho, 39, dim sum supervisor of Sun Ming Yuen; Yuen Chi-hang, 48, supervisor of dim sum section of Golden Diamond; and Wan Fook-ming, 47, dim sum chef of East Harbour, were also charged by the ICAC for their roles in the scam.
Ho earlier pleaded guilty to four counts of conspiracy for an agent to accept advantages, contrary to Section 9(1)(a) of the POBO and Section 159A of the Crimes Ordinance, while Yuen and Wan each admitted a similar offence.
Ho and Yuen were each sentenced to seven months’ imprisonment, while Wan was jailed for three months.
Sun Ming Yuen, Golden Diamond and East Harbour had rendered full assistance to the ICAC during its investigation into the case.
The prosecution was today represented by ICAC officer Henry Cheung.
Li Chun-ning, 39, proprietor of Wah Kee Food Company (Wah Kee), received a jail term of five months, while Lau Tsz-wai, 39, delivery worker of Yau Wai Grocery (Yau Wai), was jailed for three months. The court ordered that the rebate of $1,700 offered by Lau to Ho Yuk-hang, supervisor of the dim sum section of Sun Ming Yuen Banquet Hall (Sun Ming Yuen), be confiscated.
Li and Lau each pleaded guilty to one count of conspiracy for an agent to accept advantages, contrary to Section 9(1)(a) of the Prevention of Bribery Ordinance (POBO) and Section 159A of the Crimes Ordinance.
Li alone admitted 15 counts of offering an advantage to an agent, contrary to Section 9(2)(a) of the POBO, while the prosecution offered no evidence to three similar charges against him.
In sentencing, Acting Principal Magistrate Miss Ivy Chui Yee-mei said she imposed custodial sentences on the defendants as the bribery offences committed by them were serious in nature.
Pointing out that customary rules could not override laws, the magistrate also said the defendants had offered illegal rebates to secure business continuously and the amounts of such illegal rebates were not small.
The court heard that at the material time, Li was the proprietor of Wah Kee, an authorised dim sum ingredient supplier of Sun Ming Yuen, a Chinese restaurant in Yuen Long. Wah Kee also supplied dim sum ingredients to other Chinese restaurants, including Golden Diamond Chinese Cuisine (Golden Diamond) in North Point and East Harbour Seafood & Hot Pot Restaurant (East Harbour) in Wong Tai Sin.
Yau Wai was also an authorised dim sum ingredient supplier of Sun Ming Yuen. Lau, son of the proprietor of Yau Wai, worked as its delivery worker.
The court heard that in about April 2016, a colleague of Ho found that Ho had ordered unnecessary food items with Wah Kee. Upon enquiry, Ho told his colleague that he had accepted illegal rebates from Wah Kee and some other food suppliers.
Between April 1 and November 30, 2016, Li and Ho conspired together and with Li’s mother for Ho to accept $7,200 from Li as rewards for Ho placing orders of food items with Wah Kee.
Between April 1 and December 4, 2016, Lau and Ho conspired together and with the proprietor of Yau Wai for Ho to accept about $9,000, including $1,700 on December 4, 2016, from Lau as rewards for Ho placing orders of food items with Yau Wai.
The court also heard that between August 31, 2013 and November 30, 2016, Li offered illegal rebates totalling over $27,000 in total to employees of six Chinese restaurants, including Golden Diamond and East Harbour, as rewards for placing orders with Wah Kee.
Meanwhile, Ho, 39, dim sum supervisor of Sun Ming Yuen; Yuen Chi-hang, 48, supervisor of dim sum section of Golden Diamond; and Wan Fook-ming, 47, dim sum chef of East Harbour, were also charged by the ICAC for their roles in the scam.
Ho earlier pleaded guilty to four counts of conspiracy for an agent to accept advantages, contrary to Section 9(1)(a) of the POBO and Section 159A of the Crimes Ordinance, while Yuen and Wan each admitted a similar offence.
Ho and Yuen were each sentenced to seven months’ imprisonment, while Wan was jailed for three months.
Sun Ming Yuen, Golden Diamond and East Harbour had rendered full assistance to the ICAC during its investigation into the case.
The prosecution was today represented by ICAC officer Henry Cheung.