3 March, 2020
In December 2019, a former employee of a pharmaceutical manufacturer and a pharmacy operator were jointly charged with, and found guilty of, conspiracy for an agent to accept advantages, contrary to section 9(1)(a) of the Prevention of Bribery Ordinance and section 159A of the Crimes Ordinance.
The District Court heard that Gavin Wong, a former senior medical representative of Novartis Pharmaceuticals (HK) Limited ("Novartis"), conspired with a nurse at a clinic to make false representations to Novartis that various drugs had been ordered by a clinic, when in fact the drugs were delivered to Hygiene Medicine, a pharmacy operator. Novartis offered drugs at a lower price for medical institutes and registered doctors than pharmacies. Gavin Wong had been seen collecting drugs from the clinic, and delivering the same to Hygiene Medicine.
Gavin Wong took advantage of the price difference of the drugs and illegally gained about HK$1 million. He was also found guilty of one count of conspiracy to defraud under the Common Law.
For further information, please contact:
Kyle Wombolt, Partner, Herbert Smith Freehills
kyle.wombolt@hsf.com