Two years’ jail for offering $4.5m illegal commissions to secure business
2019-9-24
A freelance agent of two companies, charged by the ICAC, was sentenced to two years’ imprisonment at the District Court today (September 24) for offering illegal commissions totalling over $4.5 million to a then manager of a toy manufacturing firm to secure business.
Ricky Ho Po-wah, 47, earlier pleaded guilty to three counts of offering advantages to an agent, contrary to Section 9(2)(a) of the Prevention of Bribery Ordinance.
Judge Fred Sham Siu-man ordered the defendant to pay $55,000 as restitution to Fotorama (Hong Kong) Limited (Fotorama Hong Kong).
The court heard that at the material time, the defendant was a freelance agent of various suppliers of Fotorama Hong Kong, a toy manufacturing firm, which placed orders with different suppliers on behalf of Fotorama Hong Kong’s parent company in Mexico and its subsidiaries.
Through the defendant’s introduction, a printing company and a toy manufacturing company became Fotorama Hong Kong’s suppliers.
In 2011, a manager of Fotorama Hong Kong told the defendant that he would place orders with the printing company if he could receive a commission equivalent to eight per cent of the transaction amount of each order.
The defendant agreed and relayed the solicitation to the director-cum-shareholder of the printing company, who agreed to pay a commission of 12 per cent to the defendant, four per cent of which would be given to the defendant as his share and the remaining eight per cent would be passed to the manager of Fotorama Hong Kong.
Between January 2012 and March 2015, the defendant collected from the printing company illegal commissions of about $1.13 million in total. The defendant then paid those commissions to the manager of Fotorama Hong Kong.
The court also heard that on September 15, 2015, the defendant deposited a cheque issued by the toy manufacturing company in the amount of over $245,000 into his personal bank account.
A day later, he withdrew $248,000 from his personal bank account and put $245,000, being the illegal commissions, into an envelope and passed it to the manager of Fotorama Hong Kong at the latter’s office.
Between September 2012 and July 2015, the defendant collected 23 cheques for over $3.5 million in total issued by the toy manufacturing company, and deposited them into his personal bank account.
Apart from the $245,000, the defendant further withdrew over $3.2 million from his personal bank account and passed the monies, being illegal commissions, to the manager of Fotorama Hong Kong for securing its orders, the court was told.
Fotorama Hong Kong had rendered full assistance to the ICAC during its investigation.
The prosecution was today represented by Senior Public Prosecutor Winnie Mok, and assisted by ICAC officers William Tam and Wincy Lai.
Ricky Ho Po-wah, 47, earlier pleaded guilty to three counts of offering advantages to an agent, contrary to Section 9(2)(a) of the Prevention of Bribery Ordinance.
Judge Fred Sham Siu-man ordered the defendant to pay $55,000 as restitution to Fotorama (Hong Kong) Limited (Fotorama Hong Kong).
The court heard that at the material time, the defendant was a freelance agent of various suppliers of Fotorama Hong Kong, a toy manufacturing firm, which placed orders with different suppliers on behalf of Fotorama Hong Kong’s parent company in Mexico and its subsidiaries.
Through the defendant’s introduction, a printing company and a toy manufacturing company became Fotorama Hong Kong’s suppliers.
In 2011, a manager of Fotorama Hong Kong told the defendant that he would place orders with the printing company if he could receive a commission equivalent to eight per cent of the transaction amount of each order.
The defendant agreed and relayed the solicitation to the director-cum-shareholder of the printing company, who agreed to pay a commission of 12 per cent to the defendant, four per cent of which would be given to the defendant as his share and the remaining eight per cent would be passed to the manager of Fotorama Hong Kong.
Between January 2012 and March 2015, the defendant collected from the printing company illegal commissions of about $1.13 million in total. The defendant then paid those commissions to the manager of Fotorama Hong Kong.
The court also heard that on September 15, 2015, the defendant deposited a cheque issued by the toy manufacturing company in the amount of over $245,000 into his personal bank account.
A day later, he withdrew $248,000 from his personal bank account and put $245,000, being the illegal commissions, into an envelope and passed it to the manager of Fotorama Hong Kong at the latter’s office.
Between September 2012 and July 2015, the defendant collected 23 cheques for over $3.5 million in total issued by the toy manufacturing company, and deposited them into his personal bank account.
Apart from the $245,000, the defendant further withdrew over $3.2 million from his personal bank account and passed the monies, being illegal commissions, to the manager of Fotorama Hong Kong for securing its orders, the court was told.
Fotorama Hong Kong had rendered full assistance to the ICAC during its investigation.
The prosecution was today represented by Senior Public Prosecutor Winnie Mok, and assisted by ICAC officers William Tam and Wincy Lai.