Ex-manager of fast food restaurant chain guilty of wages fraud

2019-12-4

A former manager of a fast food restaurant chain, charged by the ICAC, was today (December 4) convicted at the Shatin Magistracy of conspiracy to defraud the restaurant chain of wages and commissions totalling over $15,000.

Tang Wing-tung, 37, former restaurant general manager of Pizza Hut Hong Kong Management Limited (Pizza Hut), was found guilty of one count of conspiracy to defraud, contrary to Common Law.

Magistrate Mr Li Chi-ho adjourned the case to December 23 for sentence, pending a community service order report. Tang was granted bail.

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

The court heard that at the material time, Tang was a restaurant general manager of Pizza Hut who headed its takeaway and delivery branch on Plover Cove Road in Tai Po. Mak Wai-fong and Yau Kam-tan worked under Tang’s supervision as assistant managers of the branch at different periods. Food orders of the branch were delivered by two delivery drivers, including Cheung Ming-chiu.

In mid-September 2016, Cheung was granted sick leave by Pizza Hut until mid-April 2017 following a traffic accident. Due to manpower shortage, Tang and Cheung agreed in October 2016 that Cheung would continue to deliver orders on weekends and public holidays by a van hired by the restaurant.

It was agreed that Cheung would not scan his staff card for attendance records, and that his working hours and delivery orders would be counted towards the other delivery driver.

The delivery driver would leave his staff card in the office so that Tang, Mak and Yau could scan it for extending his duty hours to cover the work carried out by Cheung under the arrangement, which lasted till April 2017. The wages and commissions concerned were estimated to be over $15,000.

Co-defendants, Mak, 36, Yau, 32, and Cheung, 40, were jointly charged with Tang with the conspiracy charge. Mak and Yau were earlier each imposed a two-year bind over order after the prosecution had withdrawn the charge against them.

Cheung earlier pleaded guilty to the conspiracy charge, and one count of fraud in relation to subsidies granted to him by the Social Welfare Department. He was sentenced to four months’ imprisonment, suspended for two years, and fined over $7,300.

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

The prosecution was today represented by prosecuting counsel Fanny Wong, assisted by ICAC officer Fiona Wan.
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