Modern Market Management Limited manager Poon Chi-kwong and caretaker Lo Chi-keung, both 59, earlier pleaded guilty to a total of four offences - one of an agent accepting an advantage, one of an agent soliciting an advantage, and two of theft.

Poon, who also admitted a similar theft offence, was jailed for 12 months and Lo for 10 months.

In sentencing, Deputy Magistrate Stephen Wong said custodial sentences were imposed in view of the serious offences.

The court heard Modern Market was the principal tenant of Chung Fu (Modern) Market at a Tin Shui Wai housing estate. Stalls and warehouses in the market were sublet to individual tenants through Modern Market. Poon and Lo were responsible for leasing the market stalls.

On February 11, 2004, a tenant agreed to rent two market stalls at a monthly rental of $32,000. The pair proposed to cut it to $30,000 and asked for a commission of $6,000, claiming the move was known and approved by Modern Market. Believing it was a legitimate payment, the tenant paid the commission.

Employer banned employees from solicitation

In May 2004, the pair solicited $8,000 from a second tenant for a similar reason. Modern Market banned its employees from soliciting and accepting advantages in relation to its business.

On May 26, 2004, the second tenant decided to change his lease from a monthly term to an annual basis. He was asked to pay a $2,000 administration fee. Poon pocketed the payment without informing Modern Market.

The pair also deceived a third tenant on two occasions in July 2004, and pocketed $19,200 in payments without informing Modern Market.