Non-candidate charged by ICAC jailed for illegal conduct of incurring election expenses at 2016 LegCo Election
2022-5-24
A person charged by the ICAC was today (May 24) sentenced to 10 months’ imprisonment at the District Court for engaging in illegal conduct at the 2016 Legislative Council (LegCo) General Election (the Election) by incurring election expenses totalling over $253,000 for placing six advertisements in two newspapers while he was neither a candidate nor an election expense agent.
Tai Yiu-ting, 57, earlier pleaded guilty to four counts of engaging in illegal conduct at an election by incurring election expense, contrary to Section 23(1) of the Elections (Corrupt and Illegal Conduct) Ordinance (ECICO).
In sentencing, Judge Mr Anthony Kwok Kai-on remarked that the case was a serious one as it involved election expenses totalling over $200,000 for over 20 candidates. Supervision by the Electoral Affairs Commission was undermined and fairness of the Election was affected as election expenses were not examined because of the arrangement.
The court heard that the Election was held on September 4, 2016. On various occasions before the Election, Tai, via a radio programme, press conferences and social media, introduced to voters a voting scheme. The goal of the scheme was to take half the seats in the LegCo by particular groups through recruiting voters to cast their votes for particular candidates based on recommendations to be provided by the scheme.
On August 9, 2016, a half-page advertisement promoting the scheme and its goal was placed in both Ming Pao Daily News (Ming Pao) and Apple Daily. A full-page advertisement urging voters to cast their votes based on information provided by the scheme was also placed in the two newspapers on September 2 and 4, 2016.
Advertisement fees totalling over $253,000 for the above six advertisements, respectively $133,540 for the three advertisements placed in Ming Pao and $120,000 for another three advertisements placed in Apple Daily, were settled by Eggs Alliance Company Limited (Eggs Alliance). Ip Kim-ching and Sek Sau-ching were both directors of Eggs Alliance and authorised signatories of its bank accounts.
The court also heard that none of the candidates being promoted under the scheme had included or set out the advertisement fees in their election returns. Tai, Ip and Sek were not candidates or election expense agents of any candidates of the Election.
Section 23(1) of the ECICO stipulates that it is an illegal conduct for a person, other than a candidate or a candidate’s election expense agent, to incur election expenses at or in connection with the election. Any expenditure incurred for promoting or prejudicing the election of a particular candidate or particular candidates should be counted as election expenses.
The ICAC investigation arose from a complaint alleging breaches of the ECICO. Upon legal advice sought from the Department of Justice (DoJ), charges were preferred against Tai, Ip and Sek.
Lawyers of Ip and Sek earlier made representations to dispose of their case by way of bind over orders, which was agreed by the DoJ. On April 25, the Judge imposed a 12-month bind over order at $40,000 each on the duo after they admitted in court the summary of facts of the case.
The Registration and Electoral Office had rendered full assistance to the ICAC during its investigation into the case.
The prosecution was today represented by Senior Assistant Director of Public Prosecutions Alice Chan, assisted by ICAC officer Stephen Leung.
Tai Yiu-ting, 57, earlier pleaded guilty to four counts of engaging in illegal conduct at an election by incurring election expense, contrary to Section 23(1) of the Elections (Corrupt and Illegal Conduct) Ordinance (ECICO).
In sentencing, Judge Mr Anthony Kwok Kai-on remarked that the case was a serious one as it involved election expenses totalling over $200,000 for over 20 candidates. Supervision by the Electoral Affairs Commission was undermined and fairness of the Election was affected as election expenses were not examined because of the arrangement.
The court heard that the Election was held on September 4, 2016. On various occasions before the Election, Tai, via a radio programme, press conferences and social media, introduced to voters a voting scheme. The goal of the scheme was to take half the seats in the LegCo by particular groups through recruiting voters to cast their votes for particular candidates based on recommendations to be provided by the scheme.
On August 9, 2016, a half-page advertisement promoting the scheme and its goal was placed in both Ming Pao Daily News (Ming Pao) and Apple Daily. A full-page advertisement urging voters to cast their votes based on information provided by the scheme was also placed in the two newspapers on September 2 and 4, 2016.
Advertisement fees totalling over $253,000 for the above six advertisements, respectively $133,540 for the three advertisements placed in Ming Pao and $120,000 for another three advertisements placed in Apple Daily, were settled by Eggs Alliance Company Limited (Eggs Alliance). Ip Kim-ching and Sek Sau-ching were both directors of Eggs Alliance and authorised signatories of its bank accounts.
The court also heard that none of the candidates being promoted under the scheme had included or set out the advertisement fees in their election returns. Tai, Ip and Sek were not candidates or election expense agents of any candidates of the Election.
Section 23(1) of the ECICO stipulates that it is an illegal conduct for a person, other than a candidate or a candidate’s election expense agent, to incur election expenses at or in connection with the election. Any expenditure incurred for promoting or prejudicing the election of a particular candidate or particular candidates should be counted as election expenses.
The ICAC investigation arose from a complaint alleging breaches of the ECICO. Upon legal advice sought from the Department of Justice (DoJ), charges were preferred against Tai, Ip and Sek.
Lawyers of Ip and Sek earlier made representations to dispose of their case by way of bind over orders, which was agreed by the DoJ. On April 25, the Judge imposed a 12-month bind over order at $40,000 each on the duo after they admitted in court the summary of facts of the case.
The Registration and Electoral Office had rendered full assistance to the ICAC during its investigation into the case.
The prosecution was today represented by Senior Assistant Director of Public Prosecutions Alice Chan, assisted by ICAC officer Stephen Leung.