Fast-food chain manager and ‘phantom workers’ among eight charged by ICAC over $680,000 wage fraud have case transferred to District Court

A shop manager of a fast-food chain, his wife and six “phantom workers” appeared at Tuen Mun Magistrates’ Court today (August 18) after being charged by the ICAC for allegedly conspiring to deceive the fast-food chain into paying wages totalling approximately $680,000 by falsely representing that the “phantom workers” had worked as shop assistants for over 1,500 days. Over half of the sum has been returned to the shop manager and his associates. The case was transferred to the District Court for plea.

The ICAC investigation arose from a corruption complaint. The eight defendants are Tsui Hin-po, 39, former shop manager of MOS Burger, his wife Chan Wing-sze, 28, and six former shop assistants, aged between 24 and 33, namely Wong Yin-yau, Cheung Wing-yee, Cheung Tsz-him, Cheung Hoi-wai, Lee Chung-yuk and Chi Hoi-ling. They face a total of seven counts of conspiracy to defraud, contrary to Common Law.

No plea was taken today. The case was transferred to the District Court for plea on September 8. Acting Principal Magistrate Mr Daniel Tang Siu-hung granted bail to all defendants.

MOS Food Hong Kong Limited (MOSHK) operates a fast-food chain, MOS Burger, in Hong Kong. At the material time, Tsui was the shop manager of MOS Burger’s Tin Shui Wai branch, responsible for recruiting shop assistants and preparing attendance records to calculate wages.

The charges allege that between October 2022 and June 2024, Tsui, Chan, the six co-defendants and other associates conspired together to defraud MOSHK by falsely representing that the six co-defendants were its employees; tapping unauthorised smart cards at the attendance system to make false attendance records; submitting false attendance reports purportedly showing that they had worked for over 1,500 days; causing MOSHK to pay wages totalling about $680,000 to them and to make MPF contributions around $60,000. After receiving the “wages”, they returned about $400,000 to Tsui, Wong and an associate.

ICAC enquiries revealed that Tsui and Chan allegedly recruited the six co-defendants to act as “phantom workers”, working as full time or part-time shop assistants either at the Tin Shui Wai branch or the Tuen Mun branch of MOS Burger. Tsui allegedly told them that they were not required to report to work but were required to return part of their wages. At the time of the offence, all six co-defendants held other jobs and had never worked at the MOS branches.

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

The prosecution was today represented by ICAC officer Carin Chan.