02 Aug 2022
廉署起訴物業買家 涉訛稱單位自住呃780萬按揭貸款
ICAC sues property buyer for falsely claiming that unit is owner-occupier to defraud granting of $7.8 million mortgage loan
廉政公署今日(1日)落案起訴一名物業買家，控告他涉嫌訛稱購買一個單位自住，以欺詐一間銀行及香港按證保險有限公司向其批出一筆約780萬港元的8成按揭貸款。他獲准保釋，本周三(3日)將於東區裁判法院應訊，以待案件轉介區域法院。
被告許智豐(38歲)為消防處高級消防隊長，被控2項欺詐罪名，違反《盜竊罪條例》第16A條。被告於2020年4月以965萬港元購入一個新蒲崗私人住宅物業，並按按揭保險計劃向工銀亞洲申請按揭貸款。控罪指他涉嫌於2020年4月16日至7月8日期間，向工銀亞洲及按證保險公司虛假地表示，在完成購買上述物業後他會佔用該物業，意圖詐騙而誘使工銀亞洲批准其按揭貸款申請和向他批出一筆共約780萬港元貸款，以及按證保險公司批准該按揭貸款的保險申請。
調查顯示，工銀亞洲批准該按揭貸款後，該物業隨即租出。根據香港金融管理局發出的指引，銀行須遵守物業按揭貸款的按揭成數上限規定。銀行參與按證保險公司的按揭保險計劃，可為600萬至1,000萬港元的自住物業提供最高8成按揭貸款。
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The Independent Commission Against Corruption (ICAC) today (1st) charged a property buyer with falsely claiming to have purchased a unit for self-occupation in order to defraud a bank and the Hong Kong Mortgage Insurance Company Limited of granting him a sum of about HK$7.8 million for 8 into a mortgage loan. He was granted bail and will appear in the Eastern Magistrates' Courts on Wednesday (3rd) pending referral of the case to the District Court.
The defendant Hui Chi Fung (38 years old), a Senior Fire Chief of the Fire Services Department, was charged with 2 counts of fraud, contrary to Section 16A of the Theft Ordinance. The defendant purchased a private residential property in San Po Kong for HK$9.65 million in April 2020, and applied for a mortgage loan from ICBC (Asia) under the Mortgage Insurance Scheme. The charge alleges that between April 16 and July 8, 2020, he falsely represented to ICBC (Asia) and the Mortgage Insurance Company that he would occupy the property after completing the purchase of the property, with intent to defraud and induce workers to work. Bank Asia approved his mortgage loan application and granted him a total loan of approximately HK$7.8 million, and the mortgage insurance company approved the mortgage loan insurance application.
Investigations revealed that after ICBC (Asia) approved the mortgage loan, the property was immediately leased out. According to the guidelines issued by the Hong Kong Monetary Authority, banks are required to comply with the LTV ceiling requirements for property mortgage loans. Banks participating in the mortgage insurance plan of the mortgage insurance company can provide up to 80% of the mortgage loan for self-occupied properties of HK$6 million to HK$10 million.