Defeated candidate of 2019 DC Election jailed for failing to lodge election return
2021-6-18
A defeated candidate of the 2019 District Council (DC) Election, charged by the ICAC, was today (June 18) sentenced to six months’ imprisonment at the Kwun Tong Magistrates’ Courts for failing to lodge an election return as required by the Elections (Corrupt and Illegal Conduct) Ordinance (ECICO).
Chan Yu-ming, 41, software engineer, earlier 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.
In sentencing, Magistrate Joseph To Ho-shing said the Registration and Electoral Office (REO) had a reasonable expectation to receive election returns from the candidates. By failing to lodge his election return, the REO could not follow up on the defendant’s election expenses. In view of the significant public interest involved, the imposition of a deterrent sentence on the defendant was necessary.
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 REO was December 29, 2019.
The defendant was a candidate at the 2019 DC Election for the Pak Nga Constituency of Kwun Tong District but he was not elected.
The defendant 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.
The defendant 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.
The court heard that in December 2019, the REO had reminded the defendant by emails and a phone call to lodge his election return by the statutory deadline. The REO did not receive his election return by the statutory deadline, and referred the case 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 Janice Cheuk, assisted by ICAC officer Giggs Poon.
Chan Yu-ming, 41, software engineer, earlier 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.
In sentencing, Magistrate Joseph To Ho-shing said the Registration and Electoral Office (REO) had a reasonable expectation to receive election returns from the candidates. By failing to lodge his election return, the REO could not follow up on the defendant’s election expenses. In view of the significant public interest involved, the imposition of a deterrent sentence on the defendant was necessary.
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 REO was December 29, 2019.
The defendant was a candidate at the 2019 DC Election for the Pak Nga Constituency of Kwun Tong District but he was not elected.
The defendant 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.
The defendant 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.
The court heard that in December 2019, the REO had reminded the defendant by emails and a phone call to lodge his election return by the statutory deadline. The REO did not receive his election return by the statutory deadline, and referred the case 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 Janice Cheuk, assisted by ICAC officer Giggs Poon.