Defeated candidate charged with providing entertainment at DC Election and bribing electors
2021-7-12
A defeated candidate of the 2019 District Council (DC) Election was charged by the ICAC today (July 12) with engaging in corrupt conduct at the election by providing others with entertainment to induce others to vote for the candidate and bribing electors.
The ICAC investigation arose from a complaint alleging breaches of the Elections (Corrupt and Illegal Conduct) Ordinance (ECICO). Upon legal advice sought from the Department of Justice, charges were preferred against Au Chung-yin, 44, engineer. The defendant has been released on ICAC bail, pending her court appearance in the Eastern Magistrates’ Courts on Thursday (July 15) for plea.
The defendant faces two charges – one of engaging in corrupt conduct to provide others with entertainment at an election, contrary to Section 12(1)(a) of the ECICO, and one of engaging in corrupt conduct to bribe electors at an election, contrary to Section 11(1)(a) of the ECICO.
The 2019 DC Election was held on November 24, 2019. The defendant submitted her nomination form to stand as a candidate for the University Constituency of the Central and Western District on the first day of the nomination period, which ran from October 4 to 17, 2019.
One of the charges alleges that on October 10, 2019, the defendant engaged in corrupt conduct at the 2019 DC Election by providing entertainment, namely a singing performance, for another person for the purpose of inducing the other person to vote for the defendant at the election.
Another charge alleges that on October 16, 2019, the defendant engaged in corrupt conduct at the 2019 DC Election by, without reasonable excuse, offering an advantage, namely a calligraphy class, to another person as an inducement for the other person to vote for her at the election.
ICAC enquiries revealed that upon the invitation of the defendant, two buskers made a one-hour singing performance near an exit of an MTR station in the constituency on October 10, 2019. Six days later, the defendant organised a one-hour free calligraphy class on the same spot on October 16, 2019.
During the singing performance and the calligraphy class, a roll-up banner containing the name and portrait of the defendant was set up on the spot. The defendant was in attendance on both occasions while her election helpers distributed some handbills, which were filed as election advertisements, to passers-by.
The defendant subsequently paid $1,200 and $800 respectively to the buskers and the calligraphist as remuneration and declared the spending as her election expenses in the Election Return.
The Registration and Electoral Office has rendered full assistance to the ICAC during its investigation into the case.
An ICAC spokesperson reminds candidates and election agents and helpers that providing others with refreshments and entertainment at an election and bribing electors are serious offences.
According to Section 11 of the ECICO, it is a corrupt conduct for any person to offer an advantage to electors for inducing them to vote or not to vote for a particular candidate or particular candidates at an election.
Section 12 of the ECICO states that it is a corrupt conduct for any person to provide or meet all or part of the cost of providing food, drink or entertainment for another person for the purpose of inducing the other person or a third person to vote or not to vote for a particular candidate or particular candidates at an election.
“Candidates should familiarise themselves with provisions of the ECICO and should refrain from offering advantages, food, drinks or entertainment during an election in exchange for votes,” the ICAC spokesperson added.
Over the years, the ICAC has carried out various tailor-made education and publicity campaigns for public elections to remind candidates, election agents and voters to abide by the ECICO and promote a clean election culture in the community. Anti-bribery messages have been hammered home to election stakeholders and members of the public in a wide range of activities and reference materials, such as briefings, district projects, online and offline promotions, information booklets for candidates, education videos, leaflets, etc. The ICAC has launched related programmes for the coming public elections.
The ICAC investigation arose from a complaint alleging breaches of the Elections (Corrupt and Illegal Conduct) Ordinance (ECICO). Upon legal advice sought from the Department of Justice, charges were preferred against Au Chung-yin, 44, engineer. The defendant has been released on ICAC bail, pending her court appearance in the Eastern Magistrates’ Courts on Thursday (July 15) for plea.
The defendant faces two charges – one of engaging in corrupt conduct to provide others with entertainment at an election, contrary to Section 12(1)(a) of the ECICO, and one of engaging in corrupt conduct to bribe electors at an election, contrary to Section 11(1)(a) of the ECICO.
The 2019 DC Election was held on November 24, 2019. The defendant submitted her nomination form to stand as a candidate for the University Constituency of the Central and Western District on the first day of the nomination period, which ran from October 4 to 17, 2019.
One of the charges alleges that on October 10, 2019, the defendant engaged in corrupt conduct at the 2019 DC Election by providing entertainment, namely a singing performance, for another person for the purpose of inducing the other person to vote for the defendant at the election.
Another charge alleges that on October 16, 2019, the defendant engaged in corrupt conduct at the 2019 DC Election by, without reasonable excuse, offering an advantage, namely a calligraphy class, to another person as an inducement for the other person to vote for her at the election.
ICAC enquiries revealed that upon the invitation of the defendant, two buskers made a one-hour singing performance near an exit of an MTR station in the constituency on October 10, 2019. Six days later, the defendant organised a one-hour free calligraphy class on the same spot on October 16, 2019.
During the singing performance and the calligraphy class, a roll-up banner containing the name and portrait of the defendant was set up on the spot. The defendant was in attendance on both occasions while her election helpers distributed some handbills, which were filed as election advertisements, to passers-by.
The defendant subsequently paid $1,200 and $800 respectively to the buskers and the calligraphist as remuneration and declared the spending as her election expenses in the Election Return.
The Registration and Electoral Office has rendered full assistance to the ICAC during its investigation into the case.
An ICAC spokesperson reminds candidates and election agents and helpers that providing others with refreshments and entertainment at an election and bribing electors are serious offences.
According to Section 11 of the ECICO, it is a corrupt conduct for any person to offer an advantage to electors for inducing them to vote or not to vote for a particular candidate or particular candidates at an election.
Section 12 of the ECICO states that it is a corrupt conduct for any person to provide or meet all or part of the cost of providing food, drink or entertainment for another person for the purpose of inducing the other person or a third person to vote or not to vote for a particular candidate or particular candidates at an election.
“Candidates should familiarise themselves with provisions of the ECICO and should refrain from offering advantages, food, drinks or entertainment during an election in exchange for votes,” the ICAC spokesperson added.
Over the years, the ICAC has carried out various tailor-made education and publicity campaigns for public elections to remind candidates, election agents and voters to abide by the ECICO and promote a clean election culture in the community. Anti-bribery messages have been hammered home to election stakeholders and members of the public in a wide range of activities and reference materials, such as briefings, district projects, online and offline promotions, information booklets for candidates, education videos, leaflets, etc. The ICAC has launched related programmes for the coming public elections.