Waitress charged by ICAC guilty of bribing Labour Department staff in wages and severance payment claim

A waitress charged by the ICAC was convicted today (June 25) at the Eastern Magistrates’ Courts of offering bribes consisting of a supermarket voucher and cash worth totalling $350 to two staff members of the Labour Department (LD) for assisting her in filing a claim for wages and severance payment against her former employer. Her offers were rejected by the LD staff.

Ting Shuk-fan, 52, was found guilty after trial of two counts of offering an advantage to a public servant, contrary to Section 4(1)(a) of the Prevention of Bribery Ordinance.

Magistrate Mr Tobias Cheng Yun-chung adjourned the case to July 15 for sentencing, pending the defendant’s background report. The defendant was remanded in custody of the Correctional Services Department.

The ICAC investigation arose from a corruption complaint referred by the LD. Between February 2012 and June 2019, the defendant was employed by a caterer. In mid-August 2024, she submitted a claim form to the LD regarding her claim against the caterer for wages and severance payment.

Under the Employment Ordinance, there is a statutory time limit of three months for filing a claim for severance payment. As the defendant filed her claim after this deadline, an Assistant Clerical Officer of the LD assisted her in applying for an extension of the time limit to facilitate her claim and to arrange a conciliation meeting between herself and her former employer.

The court heard that on August 30, 2024, the defendant offered a supermarket cash voucher worth $50 to the Assistant Clerical Officer of the LD for assisting her in continuing her claim against her former employer. The Assistant Clerical Officer immediately declined the offer and reported the matter to a supervisor.

The defendant was later informed by an Assistant Labour Officer of the LD that her former employer would not send a representative to attend the conciliation meeting as the defendant had resigned voluntarily. The Assistant Labour Officer then advised the defendant to pursue the claim through the Labour Tribunal.

On December 16, 2024, the defendant offered $300 in cash to the Assistant Labour Officer by registered mail for assisting her in continuing her claim against her former employer. The Assistant Labour Officer immediately reported the matter to a supervisor.

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

The prosecution was today represented by prosecuting counsel Bernard Yuen, assisted by ICAC officer Stanley Cheung.

The ICAC reminds the public that bribing public servants is a serious offence carrying a maximum penalty of seven years’ imprisonment and a fine of $500,000 upon conviction.

Reference URL: https://www.icac.org.hk/en/p/press/index_id_4974.html

Source industry: Catering