Tenant charged by ICAC for bribing estate agent to avoid paying default tenancy compensation

A tenant was charged by the ICAC for allegedly offering a bribe of $1,000 to an estate agent, requesting the latter to conceal from an estate agency that he had defaulted a tenancy agreement to avoid giving up his deposit as compensation.

Du Du, 48, was charged last Friday (September 19) with one count of offering an advantage to an agent, contrary to section 9(2)(a) of Prevention of Bribery Ordinance (POBO). He was released on ICAC bail, pending his appearance at the Shatin Magistrates’ Courts tomorrow (September 23) for plea.

On the morning of November 6, 2022, the defendant viewed a rental residential flat in Tai Wai upon the arrangement by an estate agent of Midland Realty International Limited (Midland Realty). The defendant rented the flat at $16,000 per month by signing a provisional tenancy agreement with the flat owner on the spot.

On the same afternoon, the defendant contacted the estate agent expressing his wish to cancel the provisional tenancy agreement. According to the terms of the agreement, the party cancelling the agreement had to pay a compensation equivalent to the deposit, i.e., $16,000.

The charge alleges that the defendant had offered a bribe of $1,000 to the estate agent on that day, requesting the latter to assist in concealing from Midland Realty that the provisional tenancy agreement was signed between the defendant and the flat owner, and the default of the defendant on the agreement.

The estate agent did not accept the bribe and reported the matter to Midland Realty, which rendered 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 employee of a private organisation to influence the employee in exercising one’s duties. Bribery is a serious offence carrying a maximum penalty of seven years’ imprisonment and a fine of $500,000. Members of the public should report suspected corruption to the ICAC without delay. The ICAC 24-hour Report Corruption Hotline: 25 266 366.