Two defeated candidates of DC Election sentenced for failing to lodge election returns
2023-2-22
Two defeated candidates of the 2019 District Council Ordinary Election (2019 DC Election), charged by the ICAC in separate cases, were sentenced to 160 hours of community service order at the Eastern Magistrates’ Courts today (February 22) for failing to lodge election returns as required by the Elections (Corrupt and Illegal Conduct) Ordinance (ECICO).
Woo Kin-nam, 44, company secretary; and Wong Kam-yin, 38, fitness trainer; earlier each pleaded guilty to 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.
In sentencing, Magistrate Mr Lam Tsz-kan said the defendants were ordered to perform community service, having considered the facts of their cases and their community service order reports. The court was satisfied that the duo were remorseful, and that they had underestimated the legal consequences of not lodging election returns.
The court heard that 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 also acted as the election agent of Wong.
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 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 last month.
The court heard that the duo admitted that they had not submitted their election returns to the REO. Woo claimed that he supposed the purpose of the submission of the election return was to apply for financial assistance. He did not submit his election return because he had not received adequate votes for applying for financial assistance.
Wong claimed that he had no knowledge of the relevant requirement and that all matters relating to his election campaign were left to his election agent, Woo, for handling.
The REO has rendered full assistance to the ICAC during its investigation into the cases.
The prosecution was today represented by ICAC officer Michelle Leung.
Woo Kin-nam, 44, company secretary; and Wong Kam-yin, 38, fitness trainer; earlier each pleaded guilty to 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.
In sentencing, Magistrate Mr Lam Tsz-kan said the defendants were ordered to perform community service, having considered the facts of their cases and their community service order reports. The court was satisfied that the duo were remorseful, and that they had underestimated the legal consequences of not lodging election returns.
The court heard that 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 also acted as the election agent of Wong.
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 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 last month.
The court heard that the duo admitted that they had not submitted their election returns to the REO. Woo claimed that he supposed the purpose of the submission of the election return was to apply for financial assistance. He did not submit his election return because he had not received adequate votes for applying for financial assistance.
Wong claimed that he had no knowledge of the relevant requirement and that all matters relating to his election campaign were left to his election agent, Woo, for handling.
The REO has rendered full assistance to the ICAC during its investigation into the cases.
The prosecution was today represented by ICAC officer Michelle Leung.