Three months’ jail for bribing debt collector
2018-7-20
A debtor of a licensed money lender, charged by the ICAC, was today (July 20) sentenced to three months’ imprisonment at the Kwun Tong Magistracy for conspiracy to offer bribes of $3,000 in total to a debt collector for helping him evade making debt repayments to the money lender.
Shung Ming-kai, 50, earlier pleaded guilty to one count of conspiracy to offer an advantage to an agent, contrary to Section 9(2)(a) of the Prevention of Bribery Ordinance and Section 159A of the Crimes Ordinance.
Citing a sentencing guideline, Magistrate Mr Raymund Chow Chi-wei said an immediate custodial sentence was inevitable in view of no exceptional circumstances involved in the case and the seriousness of the offence committed by the defendant.
The magistrate said he reduced the starting point of four months in jail to three months after taking into account the defendant’s guilty plea.
The court heard that at the material time, the defendant was a debtor of a licensed money lender in Hong Kong.
In January 2013, the defendant obtained a loan of $5,000 from the licensed money lender and was required to make repayment by four monthly instalments. He defaulted on the remaining instalments after repaying the first instalment.
In March 2016, the licensed money lender engaged a debt collection agency to demand repayment from the defendant for an outstanding debt of over $9,500, the court heard.
In June 2016, the defendant falsely claimed to the debt collection agency that he had filed for bankruptcy. The debt collection agency then stopped demanding the defendant for repayment of his debt.
Upon enquiry by the debt collection agency in August 2016, the defendant admitted that between April and May 2016, he offered $3,000 in total to its debt collector upon the latter’s solicitation as rewards for ceasing to demand repayment of debt owed by him.
The defendant then deposited the $3,000 to the account of the debt collector with the Hong Kong Jockey Club on three occasions, the court was told.
The prosecution was today represented by prosecuting counsel Stephen Ma, and assisted by ICAC Officer Benny Chang.
Shung Ming-kai, 50, earlier pleaded guilty to one count of conspiracy to offer an advantage to an agent, contrary to Section 9(2)(a) of the Prevention of Bribery Ordinance and Section 159A of the Crimes Ordinance.
Citing a sentencing guideline, Magistrate Mr Raymund Chow Chi-wei said an immediate custodial sentence was inevitable in view of no exceptional circumstances involved in the case and the seriousness of the offence committed by the defendant.
The magistrate said he reduced the starting point of four months in jail to three months after taking into account the defendant’s guilty plea.
The court heard that at the material time, the defendant was a debtor of a licensed money lender in Hong Kong.
In January 2013, the defendant obtained a loan of $5,000 from the licensed money lender and was required to make repayment by four monthly instalments. He defaulted on the remaining instalments after repaying the first instalment.
In March 2016, the licensed money lender engaged a debt collection agency to demand repayment from the defendant for an outstanding debt of over $9,500, the court heard.
In June 2016, the defendant falsely claimed to the debt collection agency that he had filed for bankruptcy. The debt collection agency then stopped demanding the defendant for repayment of his debt.
Upon enquiry by the debt collection agency in August 2016, the defendant admitted that between April and May 2016, he offered $3,000 in total to its debt collector upon the latter’s solicitation as rewards for ceasing to demand repayment of debt owed by him.
The defendant then deposited the $3,000 to the account of the debt collector with the Hong Kong Jockey Club on three occasions, the court was told.
The prosecution was today represented by prosecuting counsel Stephen Ma, and assisted by ICAC Officer Benny Chang.