Two candidates of 2020 LegCo Election jailed for failing to lodge election return
2022-5-16
Two candidates on the same nomination list of the 2020 Legislative Council (LegCo) General Election (the Election) for the New Territories West Geographical Constituency, charged by the ICAC, were today (May 16) both sentenced to three weeks’ 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).
Lucia Chiu Po-kam, 48, nurse; and Wong Chun-lam, 41, bus driver, 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, Principal Magistrate Ms Bina Chainrai said the acts of the duo might lead to possible damage to the electoral system, adding that custodial sentences were inevitable in view of the public interest involved.
The court heard that the Election was originally scheduled for September 6, 2020. During the nomination period which ran from July 18 to 31, 2020, the Registration and Electoral Office (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.
The duo received from the REO a candidate folder which contained a blank election return form, a guide to election return and an action checklist for candidates. As stated on the action checklist, candidates on the same nomination list should submit one set of election return to the REO.
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 the candidates to submit election returns to the REO was September 29, 2020.
On August 14, 2020, the REO sent registered mails to Chiu and Wong reminding them to lodge the election return by September 29, 2020. Reminder emails were further sent to the duo on two other occasions before the election return submission deadline. By the submission deadline, the REO did not receive the election return of the duo.
The REO then referred the case to the ICAC and rendered full assistance to the Commission during its investigation into the case.
The prosecution was today represented by Senior Public Prosecutor Peggy Leung, assisted by ICAC officer Jessie Fu.
Lucia Chiu Po-kam, 48, nurse; and Wong Chun-lam, 41, bus driver, 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, Principal Magistrate Ms Bina Chainrai said the acts of the duo might lead to possible damage to the electoral system, adding that custodial sentences were inevitable in view of the public interest involved.
The court heard that the Election was originally scheduled for September 6, 2020. During the nomination period which ran from July 18 to 31, 2020, the Registration and Electoral Office (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.
The duo received from the REO a candidate folder which contained a blank election return form, a guide to election return and an action checklist for candidates. As stated on the action checklist, candidates on the same nomination list should submit one set of election return to the REO.
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 the candidates to submit election returns to the REO was September 29, 2020.
On August 14, 2020, the REO sent registered mails to Chiu and Wong reminding them to lodge the election return by September 29, 2020. Reminder emails were further sent to the duo on two other occasions before the election return submission deadline. By the submission deadline, the REO did not receive the election return of the duo.
The REO then referred the case to the ICAC and rendered full assistance to the Commission during its investigation into the case.
The prosecution was today represented by Senior Public Prosecutor Peggy Leung, assisted by ICAC officer Jessie Fu.