No Show
Off

Three then bank employees charged by ICAC with bribery for facilitating the bank account opening for customers referred by insurance agent

Three then bank employees were charged by the ICAC yesterday (July 29) for allegedly accepting bribes to assist customers referred by an insurance agent in opening bank accounts without joining the queue.

Chan Fu-kwan, 32; Mike Chan Wai-pak, 29; and Bernie Yau Kai-lung, 33, all then relationship managers of The Hongkong and Shanghai Banking Corporation Limited (HSBC), face a total of six bribery charges – five of conspiracy for an agent to accept advantages and one of agent accepting advantages, contrary to section 9(1)(a) of the Prevention of Bribery Ordinance and section 159A of the Crimes Ordinance.

The three defendants were released on bail while their case is scheduled for plea at the Eastern Magistrates’ Courts tomorrow (July 31).

At the time of the offences, all three defendants worked at the same branch in Causeway Bay. Their duties included arranging colleagues tasked with processing bank account opening applications to serve customers queuing up at the branch. The trio were not authorised to handle account opening applications themselves.

The charges allege that in 2024, Chan Fu-kwan accepted bribes from an insurance agent, amounting to between $1,000 and $1,200 per customer referred, to facilitate the opening of bank accounts for those customers. It is also alleged that Chan Fu-kwan referred some customers to three HSBC relationship managers, including Mike Chan Wai-pak and Bernie Yau Kai-lung, for assistance in account opening, and offered bribes ranging from $300 to $500 per customer referred to them.

ICAC enquiries revealed that Chan Fu-kwan allegedly accepted over $35,000 in bribes to arrange for customers referred by the insurance agent to undergo bank account opening procedures without queueing up at the branch. He requested assistance from the trio including Mike Chan Wai-pak and Bernie Yau Kai-lung, when he could not handle those customers himself.

The ICAC investigation further revealed that in February 2026, Mike Chan Wai-pak allegedly placed bets totally over $120,000 with a bookmaker via an online platform. He was also charged yesterday with one count of betting with a bookmaker, contrary to section 8 of the Gambling Ordinance.

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

Cover
Image
Court proceeding
Import Data

Three then bank employees were charged by the ICAC yesterday (July 29) for allegedly accepting bribes to assist customers referred by an insurance agent in opening bank accounts without joining the queue.

Chan Fu-kwan, 32; Mike Chan Wai-pak, 29; and Bernie Yau Kai-lung, 33, all then relationship managers of The Hongkong and Shanghai Banking Corporation Limited (HSBC), face a total of six bribery charges – five of conspiracy for an agent to accept advantages and one of agent accepting advantages, contrary to section 9(1)(a) of the Prevention of Bribery Ordinance and section 159A of the Crimes Ordinance.

The three defendants were released on bail while their case is scheduled for plea at the Eastern Magistrates’ Courts tomorrow (July 31).

At the time of the offences, all three defendants worked at the same branch in Causeway Bay. Their duties included arranging colleagues tasked with processing bank account opening applications to serve customers queuing up at the branch. The trio were not authorised to handle account opening applications themselves.

The charges allege that in 2024, Chan Fu-kwan accepted bribes from an insurance agent, amounting to between $1,000 and $1,200 per customer referred, to facilitate the opening of bank accounts for those customers. It is also alleged that Chan Fu-kwan referred some customers to three HSBC relationship managers, including Mike Chan Wai-pak and Bernie Yau Kai-lung, for assistance in account opening, and offered bribes ranging from $300 to $500 per customer referred to them.

ICAC enquiries revealed that Chan Fu-kwan allegedly accepted over $35,000 in bribes to arrange for customers referred by the insurance agent to undergo bank account opening procedures without queueing up at the branch. He requested assistance from the trio including Mike Chan Wai-pak and Bernie Yau Kai-lung, when he could not handle those customers himself.

The ICAC investigation further revealed that in February 2026, Mike Chan Wai-pak allegedly placed bets totally over $120,000 with a bookmaker via an online platform. He was also charged yesterday with one count of betting with a bookmaker, contrary to section 8 of the Gambling Ordinance.

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

Industry Tgas

Neglecting risk factors

William is a fund manager. Although his clients have clearly specified a low risk mandate, William still invests a large proportion of the funds of his discretionary clients in emerging Asian countries, ignoring any warning signs of an economic downturn within the region.
Cover
Image
Neglecting risk factors
Media Feed Source ID
cases_053_cover_en
fade-up
container

William is a fund manager who manages a number of Asian unit trusts comprising of low stake portfolios.   Given the keen competition with his fellow fund managers in the company, he sets out to make the unit trusts in his care the star performing funds within a short period of time.

Although his clients have clearly specified a low risk mandate, William still invests a large proportion of the funds of his discretionary clients in emerging Asian countries, ignoring any warning signs of an economic downturn within the region.   He even explains to the trustees of the unit trusts that the financial hiccup in some of the countries will soon be over.   However, the financial turmoil quickly spreads across Asia causing the collapse of several stock markets.   The unit trusts under William’s management suffer a tremendous loss.

Case Analysis

William manages the portfolios of his clients without due consideration of their risk profiles.   He violates the *Codes of Conduct by ignoring the objectives of his clients’ portfolios and placing their  interests at stake.   He fails in his fiduciary duty towards his clients.

*Remarks: Codes of Conduct refer to the Code of Conduct for Persons Licensed by or Registered with the Securities and Futures Commission, the Code of Conduct for Corporate Finance Adviser and the Fund Manager Code of Conduct.

All Trades/ Industries
Off
migration_resource_id
cases_053

Exercising duty without care and diligence

Doris, an account manager of a brokerage company, has not exercised her duties with due care, causing her client Kelvin suffered a great financial loss.
Cover
Image
Exercising duty without care and diligence
Media Feed Source ID
cases_052_cover_en
fade-up
container

Doris  is  an  account  manager  of  a  brokerage  company.    One  day,  a white-collar worker named Kelvin steps into her company with a request to open an account to deal in securities.   He tells Doris that, as he plans to study abroad next year, he wants his savings of one hundred thousand dollars to have a good return so that he can have enough money to reach his goal early.   He asks Doris in what products he should invest.  Doris persuades Kelvin to open a margin account to buy second-line stocks.   However, Doris doesn’t try to explain to Kelvin the difference between margin accounts and cash accounts, nor the risks involved in the former.

Hearing that the Hang Seng Index is dropping rapidly soon after the opening of the stock market, Kelvin calls Doris and places the order to immediately sell all the shares in his account.   Because Doris also receives many other "sell" orders from her large clients that morning, she sets aside Kelvin’s order and busily handles their transactions.   When Doris has time to eventually execute Kelvin’s order, Kelvin has already suffered a great financial loss.

Case Analysis

Doris breaches the *Codes of Conduct because she hasn’t exercised her duties with due care and diligence and fails to protect the interest of her client, Kelvin.   Evidently Doris has not performed her function properly.   She is obliged to ensure that her client understands the nature and risk of a margin account at the very beginning, and execute Kelvin’s order promptly upon receiving his instruction.

*Remarks: Codes of Conduct refer to the Code of Conduct for Persons Licensed by or Registered with the Securities and Futures Commission, the Code of Conduct for Corporate Finance Adviser and the Fund Manager Code of Conduct.

All Trades/ Industries
Off
migration_resource_id
cases_052

Providing investment advice without thorough research and required registration

Donald, an account manager of a brokerage company, provides investment advice on futures options to clients and accepts clients’ orders without being licensed.
Cover
Image
Providing investment advice without thorough research and required registration
Media Feed Source ID
cases_051_cover_en
fade-up
container

Donald is an account manager of a brokerage company and has been licensed by the Securities and Futures Commission (SFC) to deal in securities. Since his company is keen to develop the futures brokerage business and needs more manpower to handle client orders, Donald is instructed by his supervisor to apply for the related license.  In fact, his company never considers whether Donald possesses the required qualifications and experience to be so licensed.

One day, a regular customer, Gordon, seeks Donald’s advice on index options.   Although Donald has yet to obtain the license, he is confident of providing advice to Gordon because, in preparing for the license application, he obtains plenty of reference material from his colleagues in the futures brokerage division.   He even accepts the order from Gordon to buy in index options contracts.

Case Analysis

Donald neither conducts the research himself nor considers his investment advice for Gordon in the light of his client’s objectives.   He has contravened the *Codes of Conduct and also the Securities and Futures Ordinance because he provides investment advice on futures options to clients and accepts clients’ orders without being licensed.   His reckless act can also cause damage to his company, which may be punished by the regulatory authorities since the company is responsible for the conduct of its employees.   Moreover, the company violates the Codes of Conduct because it fails to ensure that Donald has the appropriate qualifications and experience to perform the new function.

*Remarks: Codes of Conduct refer to the Code of Conduct for Persons Licensed by or Registered with the Securities and Futures Commission, the Code of Conduct for Corporate Finance Adviser and the Fund Manager Code of Conduct.

All Trades/ Industries
Off
migration_resource_id
cases_051

Personal relationships taking a higher priority

Raymond, a fund manager in a medium-sized asset management company, makes use of his official position to place business with his wife without observing his company policy on the selection of external brokers.
Cover
Image
Personal relationships taking a higher priority
Media Feed Source ID
cases_050_cover_en
fade-up
container

Raymond  is  a  fund  manager  who  manages  the  provident  funds  in  a medium-sized asset management company.  His wife, Jenny, is an account executive in a brokerage firm.   Recently, Jenny has been under pressure from her employer to generate more business.   Due to the keen competition within the industry, she is unable to meet the quota for finding new clients.   In order to help his wife, Raymond makes use of his official position to place business with her without observing his company policy on the selection of external brokers.

Case Analysis

Being a fund manager, Raymond violates the *Codes of Conduct as he places personal relationships as his priority for allocating business with an external broker.  The Fund Manager Code of Conduct stipulates that a fund manager should not carry out any transaction on behalf of a client with a company which is a connected person unless such transaction is carried out on arm’s length terms.   To protect the interests of clients, service quality should be taken as the top priority in the selection of external brokers.   Even when Raymond is confident that the service provided by Jenny’s company is as good as those of other brokers, he should disclose the interests to his employer.

*Remarks: Codes of Conduct refer to the Code of Conduct for Persons Licensed by or Registered with the Securities and Futures Commission, the Code of Conduct for Corporate Finance Adviser and the Fund Manager Code of Conduct.

All Trades/ Industries
Off
migration_resource_id
cases_050

Taking advantage of official position for personal dealing

Robert is a fund manager of an international asset management company, who manages the provident funds for certain large corporations. One day, he receives a research report from an analyst stating that the profit margin of Hydroplane is expected to be high in the forthcoming three years…
Cover
Image
Taking advantage of official position for personal dealing
Media Feed Source ID
cases_049_cover_en
fade-up
container

Robert is a fund manager of an international asset management company, who manages the provident funds for certain large corporations.   One day, he receives a research report from an analyst stating that the profit margin of Hydroplane is expected to be high in the forthcoming three years.

Robert, therefore, plans to buy a substantial amount of Hydroplane’s shares for his provident funds portfolios.   Knowing that such a bulk purchase will likely boost its share price, he decides to place an order for himself through an external broker before sending out the purchase instruction to the dealing room for his provident funds portfolios.

Case Analysis

Robert contravenes the *Codes of Conduct by knowingly dealing in the same securities for himself before he executes transactions for the portfolios under his management.  Moreover, he is also in breach of the Fund Manager Code of Conduct as it prohibits a fund manager from buying or selling any stocks on a day in which he or other fund managers in his company has a pending "buy" or "sell" order in the same stocks until such order is executed or withdrawn.   Robert’s action actually amounts to front running.

*Remarks: Codes of Conduct refer to the Code of Conduct for Persons Licensed by or Registered with the Securities and Futures Commission, the Code of Conduct for Corporate Finance Adviser and the Fund Manager Code of Conduct.

All Trades/ Industries
Off
migration_resource_id
cases_049

Conflict with a client’s interest

Billy, a sales manager of a securities company, deals in the same stocks with his client Joe simultaneously.
Cover
Image
Conflict with a client’s interest
Media Feed Source ID
cases_048_cover_en
fade-up
container

Billy is a sales manager of a securities company.  On one occasion, he recommends his client, Joe, to purchase the stocks of Earth Bank at the price of $10 per share because of its favourable development.   Joe thus places an order with Billy to purchase 150,000 shares.   As Billy also wants to buy the stocks of Earth Bank, he therefore aggregates his own order of 50,000 shares with that of Joe’s.

Because of the huge demand of Earth Bank's stocks in the market, Billy can only acquire 150,000 shares.   He then allocates the stocks in the proportion of Joe's order and his own.   As a result, 37,500 shares are allocated into his own account and the remaining 112,500 shares into Joe’s account.

Case Analysis

There is an apparent conflict of interest as Billy deals in the same stocks with his client simultaneously.   Although the company permits staff to aggregate their own orders with the orders of clients, the *Codes of Conduct require that in this situation, financial practitioners must give priority to satisfying orders of clients in any subsequent allocation if all orders cannot be filled.  Hence, even if Billy proportionally allocates the executed orders between Joe’s account and his own account, which does not appear to be blatantly wrong, he still breaches the Codes of Conduct as he has not given priority to satisfying Joe’s order in the subsequent allocation of the executed orders.

*Remarks: Codes of Conduct refer to the Code of Conduct for Persons Licensed by or Registered with the Securities and Futures Commission, the Code of Conduct for Corporate Finance Adviser and the Fund Manager Code of Conduct.

All Trades/ Industries
Off
migration_resource_id
cases_048

Profit gaining through front running

Ken is working for an international futures trading company as a dealing manager. His company often receives orders from fund managers whose moves can significantly affect the market. Taking this opportunity, Ken makes some secret arrangements with Anna, a dealer of another futures trading company…
Cover
Image
Profit gaining through front running
Media Feed Source ID
cases_047_cover_en
fade-up
container

Ken is working for an international futures trading company as a dealing manager.   His company often receives orders from fund managers whose moves can significantly affect the market.  Taking this opportunity, Ken makes some secret arrangements with Anna, a dealer of another futures trading company, that whenever Ken receives "purchase" orders from his company, he will call Anna immediately to advise her to buy contracts.   After Anna has completed her order, Ken executes his company’s orders.   Since his company’s orders are usually in bulk, the price of the futures contract is driven up within a short time interval. Anna then sells the contracts and shares the profit with Ken.   Similar arrangements are made when Ken receives "sell" orders from the company.

Case Analysis

Ken  should  clearly  know  that  the  orders  of  his  company’s  clients  are non-public information which will have a substantial effect on the trend of the futures market.   However, he still deliberately delays effecting transactions for clients and conspires with Anna to make use of this market-sensitive information for personal gain.   Both of them have engaged in front running and thus violate the *Codes of Conduct.

Ken and Anna may be guilty of a corruption offence too.   Under Section 9 of the Prevention of Bribery Ordinance (POBO), Ken's sharing of the profit from the front running operation can be treated as accepting an advantage from Anna as a reward for his doing an act in relation to his principal’s affairs, i.e. passing the information of his company orders to Anna.

*Remarks: Codes of Conduct refer to the Code of Conduct for Persons Licensed by or Registered with the Securities and Futures Commission, the Code of Conduct for Corporate Finance Adviser and the Fund Manager Code of Conduct.

All Trades/ Industries
Off
migration_resource_id
cases_047

An offence committed notwithstanding incomplete corrupt transaction

Agnes, an account manager of a brokerage firm, offered money to Alan, a senior portfolio manager of an asset management corporation, for his assistance in persuading other members in the selection committee to direct business to her.
Cover
Image
An offence committed notwithstanding incomplete corrupt transaction
Media Feed Source ID
cases_046_cover_en
fade-up
container

Alan is a senior portfolio manager of a pension fund in a large asset management  corporation.    He  is  also  a  member  of  the  company’s  broker selection committee and has an influence on the proportion of business allocated to external brokers.   Agnes is an account manager of a brokerage firm which, to Alan’s knowledge, charges a higher brokerage rate but offers a poor level of service.    On  one  occasion,  Agnes  invites  Alan  to  join  her  for  a  drink  and eventually explains to him that she is prepared to rebate him if he can persuade other members in the selection committee to direct business to her.   To get things moving, she proposes placing $100,000 into Alan’s bank account. Succumbing to the temptation, Alan gives Agnes his account number.  This "under-the-table" arrangement is finally exposed and reported to the ICAC by a colleague of Alan.   Both Alan and Agnes are arrested even before they execute the corruption deal.

Case Analysis

Alan breaks the *Codes of Conduct and Section 9 of the Prevention of Bribery Ordinance (POBO) as he agrees to abuse his official position as a member of the broker selection committee by persuading other members to offer business to Agnes and accepts rebate in return without permission from his employer. Likewise, Agnes also breaches the Codes of Conduct and the PBO for offering an illegal advantage to Alan.   Although Alan hasn’t executed the "under-the-table" deal, both of them still commit a corruption offence.   Under the law, a person will be found guilty even though the purpose of bribery has not been carried out.

*Remarks: Codes of Conduct refer to the Code of Conduct for Persons Licensed by or Registered with the Securities and Futures Commission, the Code of Conduct for Corporate Finance Adviser and the Fund Manager Code of Conduct.

All Trades/ Industries
Off
migration_resource_id
cases_046
Survey Questions
1. In which country or region are you currently located?
Hong Kong
Chinese Mainland
Other (please specify)
2. What type of organisation do you represent?
Listed company
Large private company
SME / start-up
NGO / non-profit
Public organisation
Chamber / trade association
Other (please specify)
3. What is the size of your organisation?
1 - 49 employees
50-99 employees
100 - 199 employees
200 or more employees
4. What is your staff level or position?
Executive / senior management
Middle management
Professional
Supervisory level
Frontline/Technical Staff
Other (please specify)

Thank you for your feedback.