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Hong Kong regulator bans former UBS director for life

By Francis Nikolai Acosta, 6 Aug 19

He was previously convicted of accepting illegal commission payments

He was previously convicted of accepting illegal commission payments

The Securities and Futures Commission (SFC) has banned Tu Bing, a former associate director at UBS in Hong Kong, from re-entering the industry for life following his conviction for bribery.

Tu is no longer registered with the SFC or the Hong Kong Monetary Authority (HKMA).

Hong Kong’s district court found Tu, who was managing investment portfolios of clients, guilty of soliciting and accepting illegal commission payments of HK$1.4m (£146,000, $179,000, €159,000) from a client for profits generated from the client’s trades in Hong Kong stocks.

At the time, he was sentenced to imprisonment for three and a half years.

“The SFC considers that Tu is not a fit and proper person to be licensed or registered to carry on regulated activities as a result of his criminal conviction,” the regulator said in a statement.

Case

The case dates back in June 2007, when Tu asked a Shenzhen-based client to pay 20% of the profits he earned as “handling and intelligence fees”, which he claimed as standard practice.

However, Tu was aware that UBS does not allow employees to claim or accept benefits from clients.

The client issued blank cheques to pay for the claimed commissions, which were deposited in Tu’s younger brother’s HSBC bank account. Later in 2007, two sums of money – HK$1m and $400,000, were transferred to Tu’s HSBC bank account from his brother’s.

Tu, who joined UBS in 2006, left UBS in 2008. In 2014, the client filed a complaint about Tu to the Hong Kong Monetary Authority (HKMA).

Following the complaint, Hong Kong’s Independent Commission Against Corruption filed charges against Tu, with UBS cooperating in the case.

“The probity of [Hong Kong’s] financial institutions and those who work in them is of great importance not only within Hong Kong itself but also internationally,” the presiding judge said. “Secret commissions strike at the root of that necessary probity.”

Career damage

The case has damaged not only Tu’s career but also impacted his family.

Tu, who is in his mid-40s, is married and has two children. Since the case started in 2014, Tu has been unemployed and cannot find other work as his skills only revolve around finance, Tu’s lawyer said in the court documents.

By the time of Tu’s conviction in 2017, he had lost around CNY4m (£468,000, $567,880, €509,000) in income.

The family has since only relied on his wife to work part-time in insurance sales, with a monthly income of around CNY10,000. In addition to the two children, Tu is supporting his parents, who also live in mainland China.

“The future and family of the accused have been destroyed,” Tu’s lawyer said.

For more insight on asset and wealth management in Asia, please click on www.fundselectorasia.com

Tags: Ban | SFC | UBS

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International Adviser covers the global intermediary market that uses cross-border insurance, investments, banking and pension products on behalf of their high-net-worth clients. No news, articles or content may be reproduced in part or in full without express permission of International Adviser.