Two defeated candidates of 2019 DC Election admit failing to lodge election returns
2021-6-4
Two defeated candidates of the 2019 District Council (DC) Election, charged by the ICAC in separate cases, admitted at the Kwun Tong Magistrates’ Courts today (June 4) that they had failed to lodge election returns as required by the Elections (Corrupt and Illegal Conduct) Ordinance (ECICO).
Chan Yu-ming, 41, software engineer; and Ng Chi-hung, 55, retired; each pleaded guilty to one count of failing to lodge an election return as required under Section 37 of the ECICO, contrary to Section 38 of the ECICO.
Magistrate Joseph To Ho-shing remanded the defendants in the custody of the Correctional Services Department until June 18 for sentence, pending background reports.
The court heard that the 2019 DC Election was held on November 24, 2019. The statutory deadline for candidates to submit election returns to the Registration and Electoral Office (REO) was December 29, 2019.
In the first case, Chan was a candidate at the 2019 DC Election for the Pak Nga Constituency of Kwun Tong District but he was not elected.
Chan admitted that he was fully aware of the requirement to lodge an election return with the REO as he had run in the 2015 District Council Election and the 2016 Election Committee Subsector Elections and had lodged the relevant election returns.
Chan claimed that he had completed his election return and entrusted his election agent to submit it for him. But he admitted that he had not taken any steps to ensure that the election return was lodged with the REO by the statutory deadline. He estimated that he had incurred election expenses of around $13,000.
In the second case, Ng was a candidate at the 2019 DC Election for the Kam To Constituency of Sha Tin District who was defeated. Ng was not eligible for obtaining financial assistance under the Financial Assistance Scheme as he failed to obtain five per cent of the total number of valid votes cast in the constituency.
Ng, who had incurred election expenses of about $60,000, claimed that he had completed his election return. He admitted having mistaken the purpose of lodging an election return for the application of financial assistance, which he was not eligible to apply, and hence he decided not to lodge an election return.
The court heard that in November and December 2019, the REO had reminded both Chan and Ng by registered post, emails and/or phone call to lodge their election returns by the statutory deadline. The REO did not receive their election returns by the statutory deadline, and referred the two cases to the ICAC for investigation in mid-January 2020.
The REO had rendered full assistance to the ICAC during its investigation into the cases.
The prosecution was today represented by Senior Public Prosecutor Andrew Cheng, assisted by ICAC officers Giggs Poon and Kyle Tang.
Chan Yu-ming, 41, software engineer; and Ng Chi-hung, 55, retired; each pleaded guilty to one count of failing to lodge an election return as required under Section 37 of the ECICO, contrary to Section 38 of the ECICO.
Magistrate Joseph To Ho-shing remanded the defendants in the custody of the Correctional Services Department until June 18 for sentence, pending background reports.
The court heard that the 2019 DC Election was held on November 24, 2019. The statutory deadline for candidates to submit election returns to the Registration and Electoral Office (REO) was December 29, 2019.
In the first case, Chan was a candidate at the 2019 DC Election for the Pak Nga Constituency of Kwun Tong District but he was not elected.
Chan admitted that he was fully aware of the requirement to lodge an election return with the REO as he had run in the 2015 District Council Election and the 2016 Election Committee Subsector Elections and had lodged the relevant election returns.
Chan claimed that he had completed his election return and entrusted his election agent to submit it for him. But he admitted that he had not taken any steps to ensure that the election return was lodged with the REO by the statutory deadline. He estimated that he had incurred election expenses of around $13,000.
In the second case, Ng was a candidate at the 2019 DC Election for the Kam To Constituency of Sha Tin District who was defeated. Ng was not eligible for obtaining financial assistance under the Financial Assistance Scheme as he failed to obtain five per cent of the total number of valid votes cast in the constituency.
Ng, who had incurred election expenses of about $60,000, claimed that he had completed his election return. He admitted having mistaken the purpose of lodging an election return for the application of financial assistance, which he was not eligible to apply, and hence he decided not to lodge an election return.
The court heard that in November and December 2019, the REO had reminded both Chan and Ng by registered post, emails and/or phone call to lodge their election returns by the statutory deadline. The REO did not receive their election returns by the statutory deadline, and referred the two cases to the ICAC for investigation in mid-January 2020.
The REO had rendered full assistance to the ICAC during its investigation into the cases.
The prosecution was today represented by Senior Public Prosecutor Andrew Cheng, assisted by ICAC officers Giggs Poon and Kyle Tang.