Property vendors charged by ICAC for offering bribe to estate agent for waiving agency commission

Two property vendors were charged by the ICAC yesterday (March 11) for allegedly offering $30,000 in bribe to an estate agent for waiving $155,000 in an agency commission in relation to the sale of a residential property.

Leung Kee-ming, 48, and Tse Wai-ling, 34, jointly face one count of offering an advantage to an agent, contrary to section 9(2)(a) of the Prevention of Bribery Ordinance (POBO). The duo were released on ICAC bail, pending their appearance for plea at the West Kowloon Magistrates’ Courts tomorrow (March 13).

At the material time, Leung had engaged Centaline Property Agency Limited (Centaline Property) to sell a residential flat on Lantau Island. According to the estate agency agreement he signed with Centaline Property, he agreed to pay one per cent of the property transaction sum as agency commission to Centaline Property upon successful transaction.

After subsequently securing a potential buyer for the flat, an estate agent of Centaline Property informed the defendants that an offer of $15.5 million was made. Pursuant to the abovementioned signed estate agency agreement, Leung was required to pay an agency commission of $155,000 to Centaline Property after successful transaction.

The estate agent subsequently arranged both Leung and the buyer to sign a preliminary sale and purchase agreement (the preliminary agreement) on December 24, 2023.

The charge alleges that on December 23, 2023, one day before the preliminary agreement was scheduled to be signed, the defendants offered a bribe of $30,000 to the estate agent for waiving the agency commission that would be charged by Centaline Property for property transaction.

The estate agent rejected the bribe and reported the matter to Centaline Property on the same day. Centaline Property rendered full assistance to the ICAC during its investigation into the case.

According to Section 9 of the POBO, it is a bribery offence for a person who, without lawful authority or reasonable excuse, offers an advantage (including money, gifts, loans, commissions, positions, contracts, services, favours, etc.) to an agent (including employees of private organisations) to influence the agent in exercising one’s duties. Members of the public should report suspected corruption to the ICAC without delay.