Two defeated candidates of DC Election charged with failing to lodge election returns
2023-1-27
The ICAC charged two defeated candidates of the 2019 District Council Ordinary Election (2019 DC Election) in separate cases for allegedly failing to lodge an election return as required by the Elections (Corrupt and Illegal Conduct) Ordinance (ECICO).
Woo Kin-nam, 44, company secretary; and Wong Kam-yin, 38, fitness trainer; each faces one count of failing to lodge an election return as required under Section 37 of the ECICO, contrary to Section 38(1) of the ECICO.
The two defendants will appear in the Eastern Magistrates’ Courts next Tuesday (January 31) for plea in two cases.
The 2019 DC Election was held on November 24 of that year. On October 16, 2019, Woo and Wong submitted their respective nomination forms to run at the Yue Wan Constituency and Wan Tsui Constituency of the Eastern District of the 2019 DC Election.
Woo and Wong were then provided with candidate folders which contained documents reminding them to lodge their election returns. The statutory deadline for candidates to submit election returns to the Registration and Electoral Office (REO) was December 29, 2019.
The charges allege that Woo and Wong, being respective candidates of the 2019 DC Election for Yue Wan Constituency and Wan Tsui Constituency of the Eastern District, failed to lodge an election return as required under Section 37 of the ECICO.
The REO did not receive the election returns of Woo and Wong by the statutory deadline. In January 2020, the REO referred the matter to the ICAC, which then launched investigations. In the same year, both Woo and Wong applied to the High Court for orders deferring to lodge their election returns. The applications were respectively dismissed in August and September 2022. After seeking legal advice from the Department of Justice, the duo were charged this week.
The REO has rendered full assistance to the ICAC during its investigation into the cases.
Over the years, the ICAC has carried out various multi-faceted education and publicity programmes for public elections to promote a clean election culture. For the 2019 DC Election, the ICAC has published the “Reminder to Candidates on Election Return” and distributed it to all candidates through the REO. The reminder was also uploaded to the Clean Elections Website to remind candidates of the legal requirement of lodging their election returns by the statutory deadline and the points-to-note for completing election returns.
Woo Kin-nam, 44, company secretary; and Wong Kam-yin, 38, fitness trainer; each faces one count of failing to lodge an election return as required under Section 37 of the ECICO, contrary to Section 38(1) of the ECICO.
The two defendants will appear in the Eastern Magistrates’ Courts next Tuesday (January 31) for plea in two cases.
The 2019 DC Election was held on November 24 of that year. On October 16, 2019, Woo and Wong submitted their respective nomination forms to run at the Yue Wan Constituency and Wan Tsui Constituency of the Eastern District of the 2019 DC Election.
Woo and Wong were then provided with candidate folders which contained documents reminding them to lodge their election returns. The statutory deadline for candidates to submit election returns to the Registration and Electoral Office (REO) was December 29, 2019.
The charges allege that Woo and Wong, being respective candidates of the 2019 DC Election for Yue Wan Constituency and Wan Tsui Constituency of the Eastern District, failed to lodge an election return as required under Section 37 of the ECICO.
The REO did not receive the election returns of Woo and Wong by the statutory deadline. In January 2020, the REO referred the matter to the ICAC, which then launched investigations. In the same year, both Woo and Wong applied to the High Court for orders deferring to lodge their election returns. The applications were respectively dismissed in August and September 2022. After seeking legal advice from the Department of Justice, the duo were charged this week.
The REO has rendered full assistance to the ICAC during its investigation into the cases.
Over the years, the ICAC has carried out various multi-faceted education and publicity programmes for public elections to promote a clean election culture. For the 2019 DC Election, the ICAC has published the “Reminder to Candidates on Election Return” and distributed it to all candidates through the REO. The reminder was also uploaded to the Clean Elections Website to remind candidates of the legal requirement of lodging their election returns by the statutory deadline and the points-to-note for completing election returns.