Garment trading duo charged with employment referral bonus fraud

2020-5-25

A former general manager and a designer of a garment trading company have been charged by the ICAC today (May 25) with defrauding the company of referral bonuses totalling $13,000 in referring two candidates to the company for employment.

Chan Wing-yan, 39, former general manager of South Ocean Knitters Limited (South Ocean); and Yeung Yuk-fung, 38, senior designer of South Ocean, face a joint charge of conspiracy to defraud, contrary to Common Law.

Chan alone further faces one count of fraud, contrary to Section 16A of the Theft Ordinance.

The defendants will appear at the West Kowloon Magistrates’ Courts on Wednesday (May 27) for plea.

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

At the material time, Chan was the general manager of South Ocean which engaged in garment trading. She was the immediate supervisor of Yeung, a senior designer, and an assistant manager of the company’s design and development department.

South Ocean implemented a referral bonus scheme which offered a bonus of $3,000 or $5,000 to a staff member for referring a candidate who was subsequently employed by the company. In October 2017, the bonus for each referral was increased to $5,000 or $10,000, subject to the grade of the new employee involved. The referral scheme was not applicable to referrals made by staff members of manager grade or above.

The conspiracy charge alleges that between an unknown day in May and October 27, 2016, Chan and Yeung conspired together to defraud South Ocean by dishonestly falsely representing to South Ocean that Yeung referred the aforesaid assistant manager to be employed by South Ocean, thereby inducing South Ocean to pay Yeung a referral bonus of $3,000.

Chan is also alleged to have falsely represented to South Ocean that the abovementioned assistant manager referred a divisional manager to be employed by the company between an unknown day in September and December 28, 2018, and with intent to defraud, induced South Ocean to pay the assistant manager a referral bonus of $10,000 which resulted in benefit to Chan or in prejudice to South Ocean.

South Ocean has rendered full assistance to the ICAC during its investigation into the case.

The defendants have been released on ICAC bail, pending their court appearance on Wednesday.
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