Three property agents in bribes-for-vendor-information case jailed for up to 10 months

Three property agents charged by the ICAC were today (January 15) sentenced to imprisonment of five to 10 months at the Shatin Magistrates’ Courts for offering and accepting bribes totalling $32,500 for divulging information of over 1,000 property vendors to promote services of the property agency.

Kong Ka-shing, 27, property agent of Midland Realty International Limited (Midland Realty), received a jail term of 10 months. He was earlier found guilty of two charges after trial – one of conspiracy for an agent to accept an advantage, contrary to section 9(1)(a) of the Prevention of Bribery Ordinance and section 159A of the Crimes Ordinance, and one of access to computer with criminal or dishonest intent, contrary to section 161(1)(c) of the Crimes Ordinance.

Tong Hei-yi, 31; and Chau Ting-fung, 42, both directors-cum-shareholders of Kashing Property (Corp) Limited (Kashing Property), were respectively sentenced to five months and six months in jail. The duo earlier pleaded guilty to the charge of conspiracy for an agent to accept an advantage.

In sentencing, Deputy Magistrate Miss Li Cheuk-wai remarked that the defendants committed crimes premeditatedly. Kong had abused his position as a property agent of Midland Realty to obtain its information and divulge it to the party of Tong and Chau, resulting in benefit to Kashing Property. Given the seriousness of the offences, a custodial sentence was inevitable.

At the material time, Kong was posted to a branch of Midland Realty in Shatin, while Tong and Chau were directors-cum-shareholders of Kashing Property, a property agency providing property agency services in Taipo and nearby areas. Midland Realty prohibited its property agents from divulging confidential client information and forbade them from accepting any advantages in relation to Midland Realty’s business.

The court heard that between May and October 2022, Kong had accepted bribes totalling $32,500 from individuals including Tong and Chau for retrieving the information of property vendors, including their surnames, phone numbers and property addresses, from the database of Midland Realty.

During the six-month period when the offences took place, Kong had divulged over 1,000 records of property vendors to Tong, Chau and others for Kashing Property to promote its services.

Midland Realty rendered full assistance to the ICAC during its investigation into the case.

The prosecution was today represented by prosecuting counsel Joe Chan, assisted by ICAC officer Chacha Chan.

The ICAC is always committed to maintaining an integrity culture in the estate agency sector by continuously providing anti-corruption training to its practitioners. The ICAC reminds all property agents that abusing authority to accept illegal advantages might constitute bribery, and both the offeror and recipient can be liable for an offence. Members of the public should never take part in any corrupt activities.