Two months’ jail for defrauding REO over voter registration

2012-12-4

A hawker, charged by the ICAC, was today (Tuesday) sentenced to two months’ imprisonment at Kowloon City Magistracy for conspiracy to defraud the Registration and Electoral Office (REO) in relation to a false voter registration at the 2011 District Council (DC) Election.

Lam Hoi-ping, 48, had been found guilty of one count of conspiracy to defraud, contrary to Common Law.

In sentencing, Magistrate Ko Wai-hung said the court meted out a two-month jail term to the defendant, after taking into account that the result of the DC election was not affected as the false elector did not vote at the election.

The case arose from a complaint alleging that the defendant had committed an offence under the Elections (Corrupt and Illegal Conduct) Ordinance (ECICO). Subsequent ICAC enquiries revealed the above conspiracy offence.

The court heard that at the material time, the defendant was a hawker in Mongkok. He was residing at a flat in Hung Kwong Building, which was within the King’s Park Constituency of the 2011 Yau Tsim Mong DC Election.

Upon the request of a person called “Ah Chiu”, the defendant asked another hawker, Tang King-yee, to fill in his name and identity card number in a Voter Registration Form (VRF), and sign on it.

Having submitted the VRF to the REO, the defendant and “Ah Chiu” conspired to defraud the REO by falsely representing that the address appearing on the VRF submitted in the name of Tang was his only or principal residential address. In fact, the said address belonged to another person and Tang had never lived there, the court heard.

They also dishonestly caused the REO to include Tang and the said address appearing on the VRF in the provisional register of electors of the DC Election.

Tang, who successfully registered as an elector at the election, did not cast his vote on November 6, 2011, the polling day, the court was told.

Charged in the same case were two operators of a cafe –'96 Lai Ming-wing and Ng Yee, who had each pleaded guilty to one count of engaging in corrupt conduct with respect to voting at election, contrary to Section 16(1)(b)(i) of the ECICO. They were each jailed for two months at Kowloon City Magistracy last mont h.

So far, a total of 44 persons, including the above three defendants, have been convicted of charges of voting-rigging, providing false information in the registration of elector and conspiracy to defraud in relation to the DC Election.

Of them, 34 pleaded guilty to their respective charges and 10 were found guilty after trial. They were given sentences ranging from community service to one year in jail.

The prosecution was today represented by Senior Public Prosecutor Beney Wong, assisted by ICAC officer Keith Lam.
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