Two candidates of 2020 LegCo Election charged with failing to lodge election return
2022-1-25
Two candidates on the same nomination list of the 2020 Legislative Council (LegCo) General Election (the Election) for the New Territories West Geographical Constituency were charged by the ICAC today (January 25) with failing to lodge an election return as required by the Elections (Corrupt and Illegal Conduct) Ordinance (ECICO).
The ICAC investigation arose from a referral by the Registration and Electoral Office (REO). Upon completion of the investigation, the ICAC sought legal advice from the Department of Justice, which advised charging the two candidates.
Lucia Chiu Po-kam, 47, nurse; and Wong Chun-lam, 41, bus driver, jointly face one count of failing to lodge an election return as required under Section 37 of the ECICO, contrary to Section 38 of the ECICO.
Chiu will appear in the Kwun Tong Magistrates’ Courts this afternoon for mention, while Wong will appear in the same court on Friday (January 28) for mention.
The Election was originally scheduled for September 6, 2020. During the nomination period which ran from July 18 to 31, 2020, the REO received a nomination form for the New Territories West Geographical Constituency from the duo. Chiu and Wong were respectively the first candidate and the second candidate on the same nomination list.
In accordance with the Emergency (Date of General Election) (Seventh Term of the LegCo) Regulation (the Regulation) which came into operation on August 1, 2020, the Election was subsequently discontinued. Under the Regulation, the ECICO applies to the Election and “the candidate must ensure that the election return is lodged before the expiry of the period of 60 days beginning with August 1, 2020.” As such, the statutory deadline for candidates to submit election returns to the REO was September 29, 2020.
The charge alleges that on September 29, 2020, Chiu and Wong, being candidates on the same nomination list at the Election for the New Territories West Geographical Constituency, failed to lodge an election return as required under Section 37(1) of the ECICO, and Section 37(1B) of the ECICO as modified by virtue of the Regulation.
The REO has rendered full assistance to the ICAC during its investigation into the case.
Over the years, the ICAC has carried out various multi-faceted education and publicity programmes for public elections to promote a clean election culture. For the above Election, the ICAC has published the “Reminder to Candidates on Election Return” and distributed it to all candidates through the REO. The reminder was also uploaded to the Clean Elections Website to remind candidates of the legal requirement of lodging their election returns by the statutory deadline and the points-to-note for completing election returns.
The ICAC investigation arose from a referral by the Registration and Electoral Office (REO). Upon completion of the investigation, the ICAC sought legal advice from the Department of Justice, which advised charging the two candidates.
Lucia Chiu Po-kam, 47, nurse; and Wong Chun-lam, 41, bus driver, jointly face one count of failing to lodge an election return as required under Section 37 of the ECICO, contrary to Section 38 of the ECICO.
Chiu will appear in the Kwun Tong Magistrates’ Courts this afternoon for mention, while Wong will appear in the same court on Friday (January 28) for mention.
The Election was originally scheduled for September 6, 2020. During the nomination period which ran from July 18 to 31, 2020, the REO received a nomination form for the New Territories West Geographical Constituency from the duo. Chiu and Wong were respectively the first candidate and the second candidate on the same nomination list.
In accordance with the Emergency (Date of General Election) (Seventh Term of the LegCo) Regulation (the Regulation) which came into operation on August 1, 2020, the Election was subsequently discontinued. Under the Regulation, the ECICO applies to the Election and “the candidate must ensure that the election return is lodged before the expiry of the period of 60 days beginning with August 1, 2020.” As such, the statutory deadline for candidates to submit election returns to the REO was September 29, 2020.
The charge alleges that on September 29, 2020, Chiu and Wong, being candidates on the same nomination list at the Election for the New Territories West Geographical Constituency, failed to lodge an election return as required under Section 37(1) of the ECICO, and Section 37(1B) of the ECICO as modified by virtue of the Regulation.
The REO has rendered full assistance to the ICAC during its investigation into the case.
Over the years, the ICAC has carried out various multi-faceted education and publicity programmes for public elections to promote a clean election culture. For the above Election, the ICAC has published the “Reminder to Candidates on Election Return” and distributed it to all candidates through the REO. The reminder was also uploaded to the Clean Elections Website to remind candidates of the legal requirement of lodging their election returns by the statutory deadline and the points-to-note for completing election returns.