Candidate of 2020 LegCo Election charged by ICAC with lodging false election return and attempted fraud over election expenses
2022-8-3
A candidate of the 2020 Legislative Council General Election (2020 LegCo Election) for the New Territories West Geographical Constituency was charged by the ICAC today (August 3) with lodging a false election return to the Registration and Electoral Office (REO) and attempted fraud over election expenses of over $46,000.
The ICAC investigation arose from a referral by the REO. Upon completion of the investigation, the ICAC sought legal advice from the Department of Justice, which advised charging the candidate.
Hui Hau-leung, 36, unemployed, faces one count of engaging in corrupt conduct to lodge false or misleading election return, contrary to Section 20 of the Elections (Corrupt and Illegal Conduct) Ordinance (ECICO); and one count of attempted fraud, contrary to section 16A of the Theft Ordinance.
The defendant was released on ICAC bail, pending his appearance in the Eastern Magistrates’ Courts on Friday (August 5) for plea.
On July 29, 2020, the defendant submitted to the REO a nomination form to stand as a candidate for the New Territories West Geographical Constituency at 2020 LegCo Election which was originally scheduled to be held on September 6, 2020. Due to the pandemic situation, the Government announced on July 31, 2020 that the 2020 LegCo Election would be postponed for one year.
In accordance with the Emergency (Date of General Election) (Seventh Term of the Legislative Council) Regulation (the Regulation) and the ECICO, candidates of the 2020 LegCo Election, including the defendant, were required to submit their election returns to the REO on or before September 29, 2020. An election return should set out the election expenses incurred by a candidate for and all the election donations received by or on behalf of the candidate in connection with an election.
The Regulation provided that an eligible person was entitled to receive a payment from the Government equivalent to the declared election expenses. After the Government announced the discontinuation of the 2020 LegCo Election, the defendant was entitled to apply for the Government payment. On September 29, 2020, he submitted to the REO an election return together with supporting documents and a claim form to apply for the Government payment.
Section 20 of the ECICO states that a candidate who makes a statement that the candidate knows is materially false or misleading in an election return engages in corrupt conduct.
One of the charges alleges that the defendant engaged in corrupt conduct at the 2020 LegCo Election by making a statement, namely that he had incurred election expenses totalling over $46,000 for legal services, personal training, imaging and styling services, and salary for two election assistants, which he knew to be materially false or misleading in an election return lodged.
The other charge alleges that the defendant, by making false representations to the REO, and with intent to defraud, attempted to induce the REO to pay over $46,000.
It is also alleged that the defendant has falsely represented that the certified true copies of a bill and a receipt respectively issued by a solicitor firm and a company in respect of the above services fees were true and correct; and that he had paid in full those fees and salary.
The REO has rendered full assistance to the ICAC during its investigation into the case.
The ICAC investigation arose from a referral by the REO. Upon completion of the investigation, the ICAC sought legal advice from the Department of Justice, which advised charging the candidate.
Hui Hau-leung, 36, unemployed, faces one count of engaging in corrupt conduct to lodge false or misleading election return, contrary to Section 20 of the Elections (Corrupt and Illegal Conduct) Ordinance (ECICO); and one count of attempted fraud, contrary to section 16A of the Theft Ordinance.
The defendant was released on ICAC bail, pending his appearance in the Eastern Magistrates’ Courts on Friday (August 5) for plea.
On July 29, 2020, the defendant submitted to the REO a nomination form to stand as a candidate for the New Territories West Geographical Constituency at 2020 LegCo Election which was originally scheduled to be held on September 6, 2020. Due to the pandemic situation, the Government announced on July 31, 2020 that the 2020 LegCo Election would be postponed for one year.
In accordance with the Emergency (Date of General Election) (Seventh Term of the Legislative Council) Regulation (the Regulation) and the ECICO, candidates of the 2020 LegCo Election, including the defendant, were required to submit their election returns to the REO on or before September 29, 2020. An election return should set out the election expenses incurred by a candidate for and all the election donations received by or on behalf of the candidate in connection with an election.
The Regulation provided that an eligible person was entitled to receive a payment from the Government equivalent to the declared election expenses. After the Government announced the discontinuation of the 2020 LegCo Election, the defendant was entitled to apply for the Government payment. On September 29, 2020, he submitted to the REO an election return together with supporting documents and a claim form to apply for the Government payment.
Section 20 of the ECICO states that a candidate who makes a statement that the candidate knows is materially false or misleading in an election return engages in corrupt conduct.
One of the charges alleges that the defendant engaged in corrupt conduct at the 2020 LegCo Election by making a statement, namely that he had incurred election expenses totalling over $46,000 for legal services, personal training, imaging and styling services, and salary for two election assistants, which he knew to be materially false or misleading in an election return lodged.
The other charge alleges that the defendant, by making false representations to the REO, and with intent to defraud, attempted to induce the REO to pay over $46,000.
It is also alleged that the defendant has falsely represented that the certified true copies of a bill and a receipt respectively issued by a solicitor firm and a company in respect of the above services fees were true and correct; and that he had paid in full those fees and salary.
The REO has rendered full assistance to the ICAC during its investigation into the case.