Candidate of 2020 LegCo Election jailed for lodging false election return and attempted fraud over election expenses
2023-2-22
A candidate of the 2020 Legislative Council General Election (2020 LegCo Election) for the Social Welfare Constituency, charged by the ICAC, was today (February 22) sentenced to two months’ imprisonment at the Eastern Magistrates’ Courts for lodging a false election return to the Registration and Electoral Office (REO) and attempted to defraud the REO of election expenses totalling $24,000.
Tsang Kam-wing, 28, earlier 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 and Section 159G of the Crimes Ordinance.
In sentencing, Magistrate Mr Edward Wong Ching-yu said the court had to impose an immediate custodial sentence on the defendant in view of the seriousness of the offence involved. He took a starting point of three months’ imprisonment and reduced the jail term of the defendant by one month having considered his guilty plea.
The court heard that on July 30, 2020, the defendant submitted to the REO a nomination form to stand as a candidate for the Social Welfare Constituency at the 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 together 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 $24,000 for engaging three election assistants.
The REO cast doubt on the above election expenses and did not approve the defendant’s claim and referred it to the ICAC for investigation. The ICAC investigation revealed that the three purported election assistants had neither assisted in the electioneering of the defendant nor had they received any salary for that purpose. One of them did not know the defendant, and the two others appended their signatures on some documents for other reasons.
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 REO had rendered full assistance to the ICAC during its investigation into the case.
The prosecution was today represented by Senior Public Prosecutor Noelle Aileen Chit, assisted by ICAC officer Ken Wong.
Tsang Kam-wing, 28, earlier 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 and Section 159G of the Crimes Ordinance.
In sentencing, Magistrate Mr Edward Wong Ching-yu said the court had to impose an immediate custodial sentence on the defendant in view of the seriousness of the offence involved. He took a starting point of three months’ imprisonment and reduced the jail term of the defendant by one month having considered his guilty plea.
The court heard that on July 30, 2020, the defendant submitted to the REO a nomination form to stand as a candidate for the Social Welfare Constituency at the 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 together 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 $24,000 for engaging three election assistants.
The REO cast doubt on the above election expenses and did not approve the defendant’s claim and referred it to the ICAC for investigation. The ICAC investigation revealed that the three purported election assistants had neither assisted in the electioneering of the defendant nor had they received any salary for that purpose. One of them did not know the defendant, and the two others appended their signatures on some documents for other reasons.
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 REO had rendered full assistance to the ICAC during its investigation into the case.
The prosecution was today represented by Senior Public Prosecutor Noelle Aileen Chit, assisted by ICAC officer Ken Wong.