Company director charged with stealing $300,000, using false invoices and possessing false instruments

2019-5-20

A director of a transportation company has been charged by the ICAC today (May 20) with theft for stealing funds totalling over $300,000 from the company, using copies of false invoices and possessing false instruments to deceive a de facto shareholder and other directors of the company.

Chan Choi-fat, 70, director of Chung Kong Materials (JV) Limited (CKM), faces eight charges – one of using copies of false instruments, contrary to Section 74 of the Crimes Ordinance; one of possession of false instruments, contrary to Section 75(1) of the Crimes Ordinance; and six of theft, contrary to Section 9 of the Theft Ordinance.

The defendant will appear at the Eastern Magistracy on Thursday (May 23) for transfer to the District Court for plea.

The case arose from a corruption complaint. Subsequent ICAC enquiries revealed the above alleged offences.

At the material time, the defendant was a director of CKM, which was engaged in the transportation of sand and mud. The defendant was responsible for sourcing business partners in Hong Kong for CKM and managing its bank accounts.

One of the charges alleges that on April 21, 2016, the defendant used copies of four false invoices of CKM, with the intention of inducing a de facto shareholder of CKM to accept them as copies of genuine instruments, and by reason of so accepting them to do or not to do some act to her own or any other person’s prejudice.

Another charge alleges that on September 21, 2017, the defendant, without lawful authority or excuse, had in his custody false instruments, namely a reminder and a final notice issued by an engineering company, with the intention that he or another would use them to induce somebody to accept as genuine, and by reason of so accepting them to do or not to do some act to his own or any other person’s prejudice.

ICAC enquiries revealed that the defendant allegedly used the copies of false invoices and had in his custody the false instruments, namely a reminder and a final notice, to deceive the de facto shareholder and other directors of the company in relation to the transportation fee for sand and mud.

The remaining six charges allege that on six occasions between November 5, 2015 and March 22, 2016, the defendant stole funds totalling over $300,000, ranging from $15,000 to $128,000 on each occasion, from CKM.

The defendant has been released on ICAC bail, pending his court appearance on Thursday.
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