Defeated candidate of 2019 DC Election jailed for failing to lodge election return
2021-7-2
A defeated candidate of the 2019 District Council (DC) Election, charged by the ICAC, was today (Jul 2) 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).
Ng Chi-hung, 55, retired, 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 he took a starting point of nine months’ imprisonment having considered the significant public interest involved. The defendant’s jail term was reduced to six months in view of his guilty plea.
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 Kam To Constituency of Sha Tin District who was defeated. He 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.
The defendant, 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 December 2019, the REO had reminded the defendant by post and emails 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 Andrew Cheng, assisted by ICAC officer Kyle Tang.
Ng Chi-hung, 55, retired, 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 he took a starting point of nine months’ imprisonment having considered the significant public interest involved. The defendant’s jail term was reduced to six months in view of his guilty plea.
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 Kam To Constituency of Sha Tin District who was defeated. He 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.
The defendant, 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 December 2019, the REO had reminded the defendant by post and emails 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 Andrew Cheng, assisted by ICAC officer Kyle Tang.