Ex-director of garment trading company jailed for soliciting RMB150,000 bribe and stealing HK$150,000

2021-7-7


A former director of a garment trading company, charged by the ICAC, was today (July 7) sentenced to 10 months’ imprisonment at the West Kowloon Magistrates’ Courts after being convicted of soliciting a bribe of RMB150,000 from a manufacturer and stealing HK$150,000 from his then employer.

Chun Kin-hung, 53, former managing director of Orderly Industrial Limited (Orderly Industrial), was today found guilty of two charges – one of agent soliciting an advantage, contrary to Section 9(1)(a) of the Prevention of Bribery Ordinance; and one of theft, contrary to Section 9 of the Theft Ordinance.

In sentencing, Deputy Magistrate Ms Shirley Cornelia Hung reprimanded the defendant for his dishonesty and breach of trust, adding that the offences committed by the defendant were serious in nature and warranted an immediate custodial sentence. The deputy magistrate also ordered the defendant to pay RMB150,000 as restitution to the manufacturer concerned.

The court heard that at the material time, the defendant was the managing director of Orderly Industrial, a garment trading company which engaged a Mainland factory to manufacture its apparel. According to an agreement, the factory would usually share 70 per cent of the price paid by clients of Orderly Industrial.

The defendant was responsible for the operation of Orderly Industrial and was authorised to operate a bank account of the company for settling payments and expenses.

In early December 2018, the defendant asked the major partner of the aforesaid Mainland factory for a loan but his request was declined by the latter. On two other occasions, the defendant told the major partner that Orderly Industrial would not settle the outstanding payments due to the factory if the major partner refused to lend him money.

In addition, the defendant implied that the agreed percentage share between Orderly Industrial and the factory in relation to future purchase orders would be no longer maintained.

Under the defendant's duress, the major partner eventually agreed to provide the defendant with a loan of RMB150,000, but the loan was never repaid.

The court also heard that since November 2017, the defendant engaged a freelance designer to do design work for Orderly Industrial at a monthly salary of HK$15,000, but the defendant ceased to engage the latter’s service in July 2018.

During an internal audit in April 2019, the owner of Orderly Industrial found that sums recorded as design fees paid to the designer, totalling HK$150,000, were transferred from the account of Orderly Industrial to the defendant’s personal account on 12 occasions between August 1, 2018 and April 24, 2019.

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

The prosecution was today represented by solicitor Louisa Lai, assisted by ICAC officer Gavin Lau.
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