Trio guilty of bribery in IT Functional Constituency at 2016 LegCo Election

2021-2-19

Three persons, including an executive committee member and a member of a taxi association, charged by the ICAC, were today (February 19) convicted at the West Kowloon Magistrates’ Courts of bribery in relation to the Information Technology Functional Constituency (ITFC) of the 2016 Legislative Council (LegCo) General Election.

Li Lam-cheong, 49, executive committee member of Taxi Drivers & Operators Association (TDOA); Chan Chun-shing, 61, member of TDOA; and Chan Hiu-tung, 32, receptionist and daughter of Chan Chun-shing; were convicted of one count of conspiracy to engage in corrupt conduct at an election by offering an advantage to others, contrary to Section 11(1)(a) of the Elections (Corrupt and Illegal Conduct) Ordinance (ECICO) and Section 159A of the Crimes Ordinance.

Chan Chun-shing and Chan Hiu-tung were each further found guilty of one count of engaging in corrupt conduct at an election by accepting an advantage, contrary to Section 11(1)(e) of the ECICO.

Magistrate Ms Peony Wong Nga-yan adjourned the case to March 5 for mitigation and sentence, pending background reports. The defendants were granted bail.

The court heard that the 2016 LegCo General Election was held on September 4, 2016. The ITFC was one of the 29 functional constituencies in the LegCo.

A person, who was registered as an elector in a Geographical Constituency or was eligible and had applied to be so registered, was eligible to register as an elector in the ITFC with the Registration and Electoral Office (REO) if the person possessed the membership of a professional body specified in the LegCo Ordinance, including the Institute of Electrical and Electronics Engineers, Inc., Hong Kong Section (IEEE).

At the material time, Li was an executive committee member of TDOA. Chan Chun-shing, who was a member of TDOA, was a participant of a mobile phone chat group involving his elder daughter Chan Hiu-tung, his younger daughter and his wife.

ICAC enquiries revealed that on April 27, 2016, Chan Chun-shing sent messages to the family chat group asking other members to provide their personal particulars to register as members of an IT club in exchange for a reward of $1,000 each.

Chan Hiu-tung asked if her boyfriend could join the registration to which Chan Chun-shing agreed. Subsequently, Chan Chun-shing sent the personal particulars of all four members of the Chan’s and those of Chan Hiu-tung’s boyfriend to Li.

Investigations showed that the Chan’s and the boyfriend were registered as full members of the IEEE on April 28, 2016, while Li’s registration was conducted in mid-April 2016. However, none of them worked in the IT industry and neither of them possessed any relevant qualification.

Upon receiving the voter registration forms of Li, the Chan’s and the boyfriend on May 2, 2016, the REO included them in the 2016 Final Register of Electors of the ITFC based on their memberships with the IEEE, the court heard.

On May 20, 2016, Chan Chun-shing forwarded to the family chat group a message written by Li notifying him that the money concerning their IEEE membership applications was ready for collection. Chan Chun-shing collected the money and distributed it to the Chan’s and the boyfriend.

A week before the election, Li sent a mobile phone text message to Chan Chun-shing asking him to support Yeung Chuen-sing, a candidate competing in the ITFC. On the Polling Day and the day before, Chan Chun-shing sent messages to the chat group reminding the Chan’s to vote for Yeung.

On the Polling Day, the three defendants and Chan Chun-shing’s wife obtained ballot papers, including those for the ITFC, at the polling stations.

The REO had rendered full assistance to the ICAC during its investigation into the case.

The prosecution was today represented by Senior Assistant Director of Public Prosecutions David Chan and Public Prosecutor Dimitri Au-Yeung, assisted by ICAC officer Joseph Leung.
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