Ex-staff of fast food restaurant chain charged with wages and government subsidy fraud
2019-3-7
Three former managers and a former driver of a fast food restaurant chain have been charged by the ICAC today (March 7) with conspiracy to defraud the restaurant chain of wages and commissions amounting to over $15,000, while the former driver also faces a charge of deceiving a subsidy of over $32,000 under the Traffic Accident Victims Assistance (TAVA) Scheme.
Tang Wing-tung, 36, former restaurant general manager of Pizza Hut Hong Kong Management Limited (Pizza Hut); Mak Wai-fong, 35, Yau Kam-tan, 31, both former assistant managers of Pizza Hut; and Cheung Ming-chiu, 39, former delivery driver of Pizza Hut, face a joint charge of conspiracy to defraud, contrary to Common Law, while Cheung alone faces a charge of fraud, contrary to Section 16A of the Theft Ordinance.
The defendants will appear at the Shatin Magistracy next Monday (March 11) for plea.
The case arose from a corruption complaint. Subsequent ICAC enquiries revealed the alleged offences.
At the material time, Tang was the restaurant general manager of Pizza Hut who headed its takeaway and delivery branch in Plover Cove Road, Tai Po. In the branch, Mak and Yau were assistant managers under Tang’s supervision. Cheung was a delivery driver of Pizza Hut, and his wage was calculated on an hourly rate plus a commission per food order delivered.
On September 15, 2016, Cheung had a traffic accident while he was on the way to report for work. He was granted sick leave between September 2016 and April 2017, and was paid sickness allowance for the period by Pizza Hut.
Cheung then applied for a subsidy under the TAVA Scheme, which is administered by the Social Welfare Department (SWD) to provide financial assistance to road traffic accident victims on a non-means tested basis.
The joint charge alleges that between October 8, 2016 and April 9, 2017, Tang, Mak, Yau and Cheung conspired together and with a senior assistant shop manager and another delivery driver of Pizza Hut to defraud Pizza Hut by falsely representing that the hours of work attended by Cheung and the food orders delivered by him were done by that delivery driver, and causing Pizza Hut to pay that delivery driver wages and commissions which were not payable to him. The wages and commissions were estimated to be over $15,000.
Had Pizza Hut known that some of the food orders were delivered by Cheung but not that delivery driver, it would not have paid that delivery driver the respective wages and commissions.
The other charge alleges that between December 21, 2016 and March 14, 2017, Cheung did not disclose to the SWD that he had worked on 22 days during the period from November 24, 2016 to March 14, 2017 in his application for TAVA, and with intent to defraud, caused the SWD to release TAVA in the sum of over $32,000 to him, which resulted in benefit to him or prejudice to the SWD.
Had the SWD known that Cheung worked during his sick leave, it would not have released TAVA to him.
Pizza Hut and the SWD have rendered full assistance to the ICAC during its investigation into the case.
The defendants have been released on ICAC bail, pending their court appearance next Monday.
Tang Wing-tung, 36, former restaurant general manager of Pizza Hut Hong Kong Management Limited (Pizza Hut); Mak Wai-fong, 35, Yau Kam-tan, 31, both former assistant managers of Pizza Hut; and Cheung Ming-chiu, 39, former delivery driver of Pizza Hut, face a joint charge of conspiracy to defraud, contrary to Common Law, while Cheung alone faces a charge of fraud, contrary to Section 16A of the Theft Ordinance.
The defendants will appear at the Shatin Magistracy next Monday (March 11) for plea.
The case arose from a corruption complaint. Subsequent ICAC enquiries revealed the alleged offences.
At the material time, Tang was the restaurant general manager of Pizza Hut who headed its takeaway and delivery branch in Plover Cove Road, Tai Po. In the branch, Mak and Yau were assistant managers under Tang’s supervision. Cheung was a delivery driver of Pizza Hut, and his wage was calculated on an hourly rate plus a commission per food order delivered.
On September 15, 2016, Cheung had a traffic accident while he was on the way to report for work. He was granted sick leave between September 2016 and April 2017, and was paid sickness allowance for the period by Pizza Hut.
Cheung then applied for a subsidy under the TAVA Scheme, which is administered by the Social Welfare Department (SWD) to provide financial assistance to road traffic accident victims on a non-means tested basis.
The joint charge alleges that between October 8, 2016 and April 9, 2017, Tang, Mak, Yau and Cheung conspired together and with a senior assistant shop manager and another delivery driver of Pizza Hut to defraud Pizza Hut by falsely representing that the hours of work attended by Cheung and the food orders delivered by him were done by that delivery driver, and causing Pizza Hut to pay that delivery driver wages and commissions which were not payable to him. The wages and commissions were estimated to be over $15,000.
Had Pizza Hut known that some of the food orders were delivered by Cheung but not that delivery driver, it would not have paid that delivery driver the respective wages and commissions.
The other charge alleges that between December 21, 2016 and March 14, 2017, Cheung did not disclose to the SWD that he had worked on 22 days during the period from November 24, 2016 to March 14, 2017 in his application for TAVA, and with intent to defraud, caused the SWD to release TAVA in the sum of over $32,000 to him, which resulted in benefit to him or prejudice to the SWD.
Had the SWD known that Cheung worked during his sick leave, it would not have released TAVA to him.
Pizza Hut and the SWD have rendered full assistance to the ICAC during its investigation into the case.
The defendants have been released on ICAC bail, pending their court appearance next Monday.