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Two then bank managers jailed for three years over JPY400m investment fraud revealed in ICAC graft probe

An ICAC corruption investigation revealed that an illegal syndicate, with the assistance of bank staff in signing and issuing false bank documents, deceived Japanese investors into investing over JPY400 million (about HK$28.4 million at the material time) in various companies that falsely claimed to be undertaking investment projects in Africa by asserting that their bank accounts held assets totalling over HK$37 billion. The five defendants had either entered guilty pleas or been convicted after trial. Of them, two then bank managers were sentenced today (August 6) at the District Court to three years’ imprisonment.

Woo Man-ho, 38; and Chan Tak-ching, 39, both then relationship managers of Standard Chartered Bank (Hong Kong) Limited (Standard Chartered Bank), were each sentenced to three years’ imprisonment. They earlier pleaded guilty to a total of four counts of conspiracy to defraud, contrary to the Common Law.

In sentencing, Judge Mr Clement Lee Hing-nin remarked that the defendants premeditated the crimes, seriously breached trust, and undermined investor confidence in the bank. The judge added that the offences, which spanned over one and a half years and involved numerous victims and over HK$28 million in fraud, warranted deterrent sentences. The scam would likely have continued, had it not been exposed.

The judge took a starting point of six years’ imprisonment and reduced the duo’s jail terms to three years each, considering their guilty pleas and assistance rendered to the prosecution.

Leung Ho-yin, 40, another then relationship manager of Standard Chartered Bank; and Law Man-fai, 52, self-employed financial consultant, earlier pleaded guilty to a total of three counts of conspiracy to defraud. Co-defendant Catherine Kum Kit-ching, 58, manager of ADF Capital Limited (ADF), was earlier found guilty after trial of one count of conspiracy to deal with property known or believed to represent proceeds of indictable offence (commonly known as money laundering), contrary to section 25(1) of the Organized and Serious Crimes Ordinance and section 159A of the Crimes Ordinance. The trio are remanded until September 30 for sentence.

The ICAC investigation arose from a corruption complaint. At the material time, Woo, Chan and Leung were working at Standard Chartered Bank’s business banking department and priority banking department, respectively. At that time, Law was a self-employed financial consultant, while Kum was a manager of investment company ADF.

The court heard that between January 2015 and September 2016, Woo, Chan, Leung and Law conspired with four foreign nationals to use false proof of fund letters and corporate refund promissory notes to deceive various Japanese investors into making investments totalling over JPY400 million in ADF and several other companies.

The four defendants used the false documents, signed by Woo and Chan and purportedly issued by Standard Chartered Bank, to falsely claim that Standard Chartered Bank was the guarantor of ADF which undertook to pay about HK$450 million, and that the foreign nationals involved in the case had substantial funds totalling over HK$37 billion available for investments in Africa.

The four foreign nationals included two shareholders-cum-directors of ADF, specifically a Zambian man and a Korean man; a Thai man who was Chan’s client; and a Japanese woman who was the chief executive officer of a company.

Meanwhile, Kum conspired with the Zambian man and the Korean man to use a bank account to launder crime proceeds totalling about HK$55 million, representing the sum handled by the four co-defendants in the scam.

The ICAC enquiries revealed that Standard Chartered Bank had never held the assets concerned on behalf of the foreign nationals.

Standard Chartered Bank rendered full assistance to the ICAC during its investigation into the case.

The prosecution was today represented by prosecuting counsel Wong Hay-yiu, assisted by ICAC officer Krystie Cheng.

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Judgement
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An ICAC corruption investigation revealed that an illegal syndicate, with the assistance of bank staff in signing and issuing false bank documents, deceived Japanese investors into investing over JPY400 million (about HK$28.4 million at the material time) in various companies that falsely claimed to be undertaking investment projects in Africa by asserting that their bank accounts held assets totalling over HK$37 billion. The five defendants had either entered guilty pleas or been convicted after trial. Of them, two then bank managers were sentenced today (August 6) at the District Court to three years’ imprisonment.

Woo Man-ho, 38; and Chan Tak-ching, 39, both then relationship managers of Standard Chartered Bank (Hong Kong) Limited (Standard Chartered Bank), were each sentenced to three years’ imprisonment. They earlier pleaded guilty to a total of four counts of conspiracy to defraud, contrary to the Common Law.

In sentencing, Judge Mr Clement Lee Hing-nin remarked that the defendants premeditated the crimes, seriously breached trust, and undermined investor confidence in the bank. The judge added that the offences, which spanned over one and a half years and involved numerous victims and over HK$28 million in fraud, warranted deterrent sentences. The scam would likely have continued, had it not been exposed.

The judge took a starting point of six years’ imprisonment and reduced the duo’s jail terms to three years each, considering their guilty pleas and assistance rendered to the prosecution.

Leung Ho-yin, 40, another then relationship manager of Standard Chartered Bank; and Law Man-fai, 52, self-employed financial consultant, earlier pleaded guilty to a total of three counts of conspiracy to defraud. Co-defendant Catherine Kum Kit-ching, 58, manager of ADF Capital Limited (ADF), was earlier found guilty after trial of one count of conspiracy to deal with property known or believed to represent proceeds of indictable offence (commonly known as money laundering), contrary to section 25(1) of the Organized and Serious Crimes Ordinance and section 159A of the Crimes Ordinance. The trio are remanded until September 30 for sentence.

The ICAC investigation arose from a corruption complaint. At the material time, Woo, Chan and Leung were working at Standard Chartered Bank’s business banking department and priority banking department, respectively. At that time, Law was a self-employed financial consultant, while Kum was a manager of investment company ADF.

The court heard that between January 2015 and September 2016, Woo, Chan, Leung and Law conspired with four foreign nationals to use false proof of fund letters and corporate refund promissory notes to deceive various Japanese investors into making investments totalling over JPY400 million in ADF and several other companies.

The four defendants used the false documents, signed by Woo and Chan and purportedly issued by Standard Chartered Bank, to falsely claim that Standard Chartered Bank was the guarantor of ADF which undertook to pay about HK$450 million, and that the foreign nationals involved in the case had substantial funds totalling over HK$37 billion available for investments in Africa.

The four foreign nationals included two shareholders-cum-directors of ADF, specifically a Zambian man and a Korean man; a Thai man who was Chan’s client; and a Japanese woman who was the chief executive officer of a company.

Meanwhile, Kum conspired with the Zambian man and the Korean man to use a bank account to launder crime proceeds totalling about HK$55 million, representing the sum handled by the four co-defendants in the scam.

The ICAC enquiries revealed that Standard Chartered Bank had never held the assets concerned on behalf of the foreign nationals.

Standard Chartered Bank rendered full assistance to the ICAC during its investigation into the case.

The prosecution was today represented by prosecuting counsel Wong Hay-yiu, assisted by ICAC officer Krystie Cheng.

Industry Tgas

Then bank employee and intermediary among trio charged by ICAC with bribery over account opening

Three people, including a then bank employee and an intermediary, were charged by the ICAC yesterday (August 4) for allegedly accepting and offering bribes totalling $29,000 for assisting clients of the intermediary to open bank accounts.

Cheng Hoi-ying, 31, then universal banker of The Hongkong and Shanghai Banking Corporation Limited (HSBC); Lin Po-hsien, 27, intermediary; and Cheng Ka-yiu, 35, a friend of Cheng Hoi-ying, jointly face one count of conspiracy to offer an advantage to an agent, contrary to section 9(2)(a) of the Prevention of Bribery Ordinance (POBO) and section 159A of the Crimes Ordinance.

Cheng Hoi-ying also faces four counts of agent accepting an advantage, contrary to section 9(1)(a) of the POBO, while Lin faces one count of offering advantages to an agent, contrary to section 9(2)(a) of the POBO.

The trio was released on ICAC bail, pending their appearance at the Eastern Magistrates’ Courts tomorrow (August 6) for plea.

At the material time, Cheng Hoi-ying was posted to a branch of HSBC in Sheung Wan. Lin, who worked as an intermediary, would arrange his clients to purchase insurance products from a broker firm and open bank accounts for settling insurance premiums.

The charges allege that between May and October 2024, the three defendants accepted and offered bribes for Cheng Hoi-ying to process bank account applications for clients referred by Lin. The trio is suspected of conspiring to offer a bribe of $13,000 to Cheng Hoi-ying while Cheng Hoi-ying allegedly accepted four sums totalling $16,000 from Lin. Meanwhile, Lin allegedly offered between $300 and $600 to Cheng Hoi-ying for each client he referred to her.

HSBC found several suspicious account opening applications handled by Cheng Hoi-ying in an internal investigation, and suspected that she had not fully fulfilled the bank’s due diligence requirements. Subsequently, the ICAC received a corruption complaint, and its investigation revealed the corrupt dealings of the three defendants.

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

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Court proceeding
Import Data

Three people, including a then bank employee and an intermediary, were charged by the ICAC yesterday (August 4) for allegedly accepting and offering bribes totalling $29,000 for assisting clients of the intermediary to open bank accounts.

Cheng Hoi-ying, 31, then universal banker of The Hongkong and Shanghai Banking Corporation Limited (HSBC); Lin Po-hsien, 27, intermediary; and Cheng Ka-yiu, 35, a friend of Cheng Hoi-ying, jointly face one count of conspiracy to offer an advantage to an agent, contrary to section 9(2)(a) of the Prevention of Bribery Ordinance (POBO) and section 159A of the Crimes Ordinance.

Cheng Hoi-ying also faces four counts of agent accepting an advantage, contrary to section 9(1)(a) of the POBO, while Lin faces one count of offering advantages to an agent, contrary to section 9(2)(a) of the POBO.

The trio was released on ICAC bail, pending their appearance at the Eastern Magistrates’ Courts tomorrow (August 6) for plea.

At the material time, Cheng Hoi-ying was posted to a branch of HSBC in Sheung Wan. Lin, who worked as an intermediary, would arrange his clients to purchase insurance products from a broker firm and open bank accounts for settling insurance premiums.

The charges allege that between May and October 2024, the three defendants accepted and offered bribes for Cheng Hoi-ying to process bank account applications for clients referred by Lin. The trio is suspected of conspiring to offer a bribe of $13,000 to Cheng Hoi-ying while Cheng Hoi-ying allegedly accepted four sums totalling $16,000 from Lin. Meanwhile, Lin allegedly offered between $300 and $600 to Cheng Hoi-ying for each client he referred to her.

HSBC found several suspicious account opening applications handled by Cheng Hoi-ying in an internal investigation, and suspected that she had not fully fulfilled the bank’s due diligence requirements. Subsequently, the ICAC received a corruption complaint, and its investigation revealed the corrupt dealings of the three defendants.

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

Industry Tgas

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.

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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.
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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.

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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.
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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.

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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.
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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.

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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.
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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.

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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…
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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.

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Conflict with a client’s interest

Billy, a sales manager of a securities company, deals in the same stocks with his client Joe simultaneously.
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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.

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