Eighteen months’ jail for $1m transportation payments theft

2019-8-21

A former driver of a transportation company, charged by the ICAC, was today (August 21) sentenced to 18 months’ imprisonment at the Tuen Mun Magistracy for stealing service payments totalling over $1 million from a client of the company.

Lam Chung-hoi, 58, former driver of Man Fai Machinery Transportation and Construction Limited (MFM), earlier pleaded guilty to 15 counts of theft, contrary to Section 9 of the Theft Ordinance.

In sentencing, Magistrate Ms Kelly Shui said the offences committed by the defendant were serious in nature and constituted a breach of trust.

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

The court heard that at the material time, the defendant was a driver of MFM, who was tasked to convey construction materials and ironware to its clients, including a logistics firm.

The defendant was also entrusted by the proprietor of MFM to arrange manpower for the logistics firm’s trucking orders and submit MFM’s invoices to it for settlement of service payments. But he was not authorised to receive any payments on behalf of MFM.

Without his employer’s consent, the defendant requested two staff members of the logistics firm to issue cheques payable to him for settling MFM’s service payments. The defendant claimed that he would use the money to cover MFM’s operating expenses.

In the belief that the defendant was authorised to handle payments on behalf of MFM, the two staff members of the logistics firm acceded to his request.

Between October 2015 and April 2017, the logistics firm issued 15 cheques payable to the defendant, ranging from $29,600 to $119,460, to settle MFM’s transportation service payments totalling over $1 million.

The court heard that the defendant then deposited the cheques into his personal bank account and pocketed the money.

When MFM’s proprietor made enquiries with the logistics firm about its outstanding service payments, he came to know that payments had already been made by cheques to the defendant.

The defendant had subsequently repaid $320,000 to MFM, the court heard.

MFM and the logistics firm had rendered full assistance to the ICAC during its investigation into the case.

The prosecution was today represented by prosecuting counsel Stephen Fong, assisted by ICAC officer Ruby Cheung.
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