Duo sentenced for bribery and $1.5m contracts fraud

2019-1-15

A former merchandiser and a former contractor of a sportswear company, charged by the ICAC, were today (January 15) sentenced at the District Court for their respective roles in bribery and fraud by pocketing price differences totaling about $220,000 from $1.5 million worth of visual advertising contracts.

Wong Ying-kit, 39, former visual merchandiser of K-Swiss (Hong Kong) Limited (K-Swiss) and also sole proprietor of Vocargo Advertising Company (VAC), received a jail term of 10 months, while Kwok Chi-kin, 35, director cum shareholder of Tailor Made Creation Limited (TMC), was sentenced to 200 hours of community service.

In sentencing, Deputy Judge Ho Chun-yiu said the offences committed by Wong were serious. He sentenced Wong to 10 months in jail after taking into account various factors, including his guilty plea and repayment of about $220,000 to his former employer.

The deputy judge also said he sentenced Kwok to 200 hours of community service after considering various factors, including his guilty plea and family matters.

Wong earlier pleaded guilty to two charges – one of fraud, contrary to Section 16A(1) of the Theft Ordinance, and one of using a copy of a false instrument, contrary to Section 74 of the Crimes Ordinance, while Kwok admitted a charge of offering an advantage to an agent, contrary to Section 9(2)(a) of the Prevention of Bribery Ordinance.

The court heard that at the material time, Wong was a visual merchandiser of K-Swiss, a sportswear company. While being employed by K-Swiss between September 2012 and September 2015, he was responsible for designing and coordinating its visual advertising works.

Prior to his employment with K-Swiss, he set up VAC, which specialised in advertising production. Kwok was a director and shareholder of TMC, a contractor of K-Swiss.

The court heard that between September 3, 2012 and September 3, 2015, Wong failed to disclose to K-Swiss his interests in VAC while he was an employee of the company, and with intent to defraud, induced K-Swiss to award contract works to VAC.

As a result, 184 visual advertising contracts worth over $1.5 million were awarded to VAC. During the process, Wong pocketed price differences totalling about $220,000.

The court heard that one of the 184 projects awarded to VAC was an installation work carried out by Kwok at a wholesale store of K-Swiss in Macao in November 2014. Wong also went to Macao to give support.

On December 5, 2014, Kwok inflated the project price by $7,000 and such a difference was reserved to cover hotel and other expenses incurred by Wong during his duty visit to Macao. The $7,000 was indeed a bribe for Wong engaging Kwok to carry out works for K-Swiss.

The court heard that on August 17, 2012, Wong used a copy of a false reference letter issued by VAC, with the intention of inducing K-Swiss to accept it as a copy of a genuine instrument. As a result, K-Swiss employed him as visual merchandiser.

K-Swiss had rendered full assistance to the ICAC during its investigation into the case.

The prosecution was today represented by Senior Public Prosecutor Rosa Lo, assisted by ICAC officers Seth Yiu and John Liu.
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