Three months’ jail for accepting $17,500 illegal rebates over food supplies

2019-5-30

A former supervisor of a Chinese restaurant, charged by the ICAC, was today (May 30) sentenced to three months’ imprisonment at the West Kowloon Magistracy after admitting that he had conspired with others to accept illegal rebates or “tea money” totalling $17,500 in relation to the supply of foods to the restaurant.

Chan Sang-pan, 50, former supervisor of Nanhai No.1 (NH1), pleaded guilty to two charges of conspiracy to accept advantages as an agent, contrary to Section 9(1) of the Prevention of Bribery Ordinance and Section 159A of the Crimes Ordinance.

In sentencing, Magistrate Ms Cheung Kit-yee said the bribery offences committed by the defendant were serious in nature. She had to mete out a deterrent custodial sentence to him as the society was highly intolerant of corruption.

The magistrate said she reduced the starting point of six months in jail to three months after taking into account the defendant’s guilty plea and other mitigating factors.

The magistrate also ordered the defendant to pay $17,500 as restitution to NH1.

The court heard that at the material time, the defendant was the supervisor of the Chinese barbecue section of NH1. He was responsible for preparing roasted meat dishes and placing orders with food suppliers, including a supplier of frozen meat to different eateries in Hong Kong.

The court heard that an operator of the frozen meat supplier approached the defendant repeatedly and offered money to him for placing or causing NH1 to place orders for frozen porklings with the supplier. The defendant then started receiving illegal rebates from the supplier at $70 per porkling ordered from it.

On three occasions between mid-2017 and January 3, 2018, the defendant met the operator of the supplier in its vicinity and was given a brown envelope on each occasion. The defendant received a total sum of $15,000 from the operator.

On January 3, 2018, the defendant received a brown envelope from the operator. After they were arrested, a sum of $7,380 wrapped in the brown envelope was seized from the defendant.

The court heard that in mid-2017, the defendant took up the duty to place orders for poultry products with an operator of another food supplier. The operator offered to give the defendant $500 per month as “tea money” for placing or causing NH1 to place orders with the supplier.

Between July 1, 2017 and January 1, 2018, the defendant accepted “tea money” totalling $2,500 from the operator as rewards.

NH1 had rendered full assistance to the ICAC during its investigation into the case.

The prosecution was today represented by ICAC officer Pius Chan.
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