Candidate of 2020 LegCo Election charged by ICAC jailed for lodging false election return and attempted fraud over election expenses
2022-9-9
A candidate of the 2020 Legislative Council General Election (2020 LegCo Election) for the New Territories West Geographical Constituency, charged by the ICAC, was today (September 9) sentenced to three months’ imprisonment at the Eastern Magistrates’ Courts after admitting that he had lodged a false election return to the Registration and Electoral Office (REO) and attempted to defraud the REO of election expenses totalling over $46,000.
Hui Hau-leung, 36, unemployed, today pleaded guilty to 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.
In sentencing, Principal Magistrate Ms Ada Yim Shun-yee said the public had high expectation of the integrity of election candidates. The acts of the defendant breached the trust placed on him by the public and his supporters, and the deployment of false documents and information showed that he had planned the scam ahead.
The principal magistrate said she took a starting point of six months’ imprisonment and reduced the defendant’s jail term to three months having considered his guilty plea and the mitigating factors.
The court heard that 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 all election expenses and election donations incurred by a candidate for 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, the defendant submitted to the REO an election return with supporting documents and a claim form to apply for the Government payment. He declared in the election return that he had incurred election expenses totalling over $46,000 and paid the sum in full. He also declared that two certified true copies of a bill and a receipt respectively issued by a solicitor firm and a company were true and correct.
The court heard that the election expenses comprised fees of $26,300 for engaging the above solicitor firm for the provision of legal services and $19,200 for engaging the above company for the provision of personal training, imaging and styling services, as well as salary payments of $980 made to two election assistants.
However, ICAC inquiries revealed that the above solicitor firm and company had not provided those services to the defendant, and they were not paid any services fees. In addition, payments had not been made to the duo whom the defendant claimed to be his election assistants.
Had the REO knew the defendant had not incurred the above election expenses, it would not approve the claim made by the defendant.
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.
The ICAC investigation arose from a referral by the REO, which 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 Ken Wong.
Hui Hau-leung, 36, unemployed, today pleaded guilty to 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.
In sentencing, Principal Magistrate Ms Ada Yim Shun-yee said the public had high expectation of the integrity of election candidates. The acts of the defendant breached the trust placed on him by the public and his supporters, and the deployment of false documents and information showed that he had planned the scam ahead.
The principal magistrate said she took a starting point of six months’ imprisonment and reduced the defendant’s jail term to three months having considered his guilty plea and the mitigating factors.
The court heard that 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 all election expenses and election donations incurred by a candidate for 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, the defendant submitted to the REO an election return with supporting documents and a claim form to apply for the Government payment. He declared in the election return that he had incurred election expenses totalling over $46,000 and paid the sum in full. He also declared that two certified true copies of a bill and a receipt respectively issued by a solicitor firm and a company were true and correct.
The court heard that the election expenses comprised fees of $26,300 for engaging the above solicitor firm for the provision of legal services and $19,200 for engaging the above company for the provision of personal training, imaging and styling services, as well as salary payments of $980 made to two election assistants.
However, ICAC inquiries revealed that the above solicitor firm and company had not provided those services to the defendant, and they were not paid any services fees. In addition, payments had not been made to the duo whom the defendant claimed to be his election assistants.
Had the REO knew the defendant had not incurred the above election expenses, it would not approve the claim made by the defendant.
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.
The ICAC investigation arose from a referral by the REO, which 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 Ken Wong.