Two candidates of 2020 LegCo Election wanted by ICAC for allegedly lodging false election return and attempted fraud over election expenses
2023-1-12
A Magistrate issued warrants for the arrest of two candidates on the same nomination list of the 2020 Legislative Council General Election (2020 LegCo Election) for the Kowloon West Geographical Constituency, who are wanted by the ICAC for allegedly lodging a false election return to the Registration and Electoral Office (REO) and attempting to defraud the REO of election expenses totalling about $68,000.
Lam Siu-pan and Sum Sung-sheung, both 31, jointly face two charges – one 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 of attempted fraud, contrary to section 16A of the Theft Ordinance and section 159G of the Crimes Ordinance.
The 2020 LegCo Election was originally scheduled to be held on September 6, 2020. On July 29, 2020, information was spread that the 2020 LegCo Election might be postponed for one year by the Government owing to the severe COVID-19 epidemic situation and the election expenses declared by the candidates would be reimbursed by the Government. At noon on July 31, 2020, Lam and Sum submitted to the REO a nomination form to stand as candidates on the same list for the Kowloon West Geographical Constituency at the election. At 6pm on the same day, the Government announced to postpone the election for one year due to the pandemic situation.
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 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, Lam and Sum were entitled to apply for the Government payment. In late September 2020, the duo submitted to the REO an election return together with supporting documents and a claim form to apply for the Government payment.
Lam and Sum are alleged to have engaged in corrupt conduct at the 2020 LegCo Election by making a statement that they knew to be materially false or misleading in an election return lodged, namely election expenses totalling about $68,000 were incurred in purchasing various electronic items.
It is further alleged that the duo had falsely represented to the REO that they had incurred election expenses totalling about $68,000 in the purchase of various electronic items listed on the election return, and with intent to defraud, attempted to induce the REO to pay the relevant election expenses to Lam.
They declared that they had purchased four mobile phones, three notebook computers and four sets of relevant software, three tablets and two relevant accessories, and one TV box.
When the REO verified the duo’s claim of expenses, it was discovered that some of the electronic items were purchased on the day the Government announcing the postponement of the election. The REO then requested the duo to provide further information. They subsequently replied that the electronic items were purchased solely for the election. The REO did not accept their explanation and referred the matter to the ICAC.
ICAC investigation revealed that some of the electronic items, worth about $50,000, were purchased in the evening after the announcement for the postponement of the election was made. Other electronic items worth about $18,000 were purchased between August 7 and 10, 2020, while the relevant invoices were backdated to July 31, 2020.
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.
Upon completion of the investigation, the ICAC sought legal advice from the Department of Justice, which advised charging the two candidates. As Lam and Sum had already left Hong Kong, warrants for the arrest of them were issued by a Magistrate upon the application made by the ICAC.
The REO has rendered full assistance to the ICAC during its investigation into the case.
Lam Siu-pan and Sum Sung-sheung, both 31, jointly face two charges – one 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 of attempted fraud, contrary to section 16A of the Theft Ordinance and section 159G of the Crimes Ordinance.
The 2020 LegCo Election was originally scheduled to be held on September 6, 2020. On July 29, 2020, information was spread that the 2020 LegCo Election might be postponed for one year by the Government owing to the severe COVID-19 epidemic situation and the election expenses declared by the candidates would be reimbursed by the Government. At noon on July 31, 2020, Lam and Sum submitted to the REO a nomination form to stand as candidates on the same list for the Kowloon West Geographical Constituency at the election. At 6pm on the same day, the Government announced to postpone the election for one year due to the pandemic situation.
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 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, Lam and Sum were entitled to apply for the Government payment. In late September 2020, the duo submitted to the REO an election return together with supporting documents and a claim form to apply for the Government payment.
Lam and Sum are alleged to have engaged in corrupt conduct at the 2020 LegCo Election by making a statement that they knew to be materially false or misleading in an election return lodged, namely election expenses totalling about $68,000 were incurred in purchasing various electronic items.
It is further alleged that the duo had falsely represented to the REO that they had incurred election expenses totalling about $68,000 in the purchase of various electronic items listed on the election return, and with intent to defraud, attempted to induce the REO to pay the relevant election expenses to Lam.
They declared that they had purchased four mobile phones, three notebook computers and four sets of relevant software, three tablets and two relevant accessories, and one TV box.
When the REO verified the duo’s claim of expenses, it was discovered that some of the electronic items were purchased on the day the Government announcing the postponement of the election. The REO then requested the duo to provide further information. They subsequently replied that the electronic items were purchased solely for the election. The REO did not accept their explanation and referred the matter to the ICAC.
ICAC investigation revealed that some of the electronic items, worth about $50,000, were purchased in the evening after the announcement for the postponement of the election was made. Other electronic items worth about $18,000 were purchased between August 7 and 10, 2020, while the relevant invoices were backdated to July 31, 2020.
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.
Upon completion of the investigation, the ICAC sought legal advice from the Department of Justice, which advised charging the two candidates. As Lam and Sum had already left Hong Kong, warrants for the arrest of them were issued by a Magistrate upon the application made by the ICAC.
The REO has rendered full assistance to the ICAC during its investigation into the case.