Ferrida Chan, led by Hectar Pun SC represented the Defendant in the case of 香港特別行政區 訴 馬敬, who was charged with three charges of agent accepting an advantage totalling around HK$380,000, contrary to section 9(1) of the Prevention of Bribery Ordinance (Cap 201).
The Defendant, a Senior District Director and a top insurance agent of a leading international insurance company, was acquitted from all three charges.
The Prosecution's case was that at the material time, the Defendant accepted advantages from her down-line insurance agents as an inducement to or reward for the Defendant in assisting them in securing customers to purchase insurance policies with the insurance company.
Nevertheless, the learned judge acquitted the Defendant of all the three charges on the ground that the charged act is not an act in relation to the principal’s affairs or business, in that her act and acceptance of advantage did not conflict with the insurance company’s interests.
The trial judge also held that the Defendant has successfully proved on a balance of probabilities the statutory defence that she had the principal’s permission under sections 9(4)-(5) of the Ordinance, and further held that the Defendant had lawful authority and reasonable excuse in accepting the advantages.
View the Reasons for Judgment here: https://lnkd.in/gnZQ96ya