Candidate of 2020 LegCo Election charged by ICAC with lodging false election return and attempted fraud over election expenses
2023-9-14
A candidate of the 2020 Legislative Council General Election (2020 LegCo Election) for the New Territories East Geographical Constituency was charged by the ICAC today (September 14) with lodging a false election return to the Registration and Electoral Office (REO) and attempted fraud over election expenses.
Lam Hak-lam, 46, faces one count of engaging in corrupt conduct at an election by making a statement in the election return which he knows or ought to know is materially false or misleading, 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.
The defendant will be brought to the Eastern Magistrates’ Courts tomorrow morning (September 15) for mention.
On July 18, 2020, the defendant submitted to the REO a nomination form to stand as a candidate for the New Territories East 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 Elections (Corrupt and Illegal Conduct) Ordinance, candidates 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, he submitted to the REO an election return together with supporting documents and a claim form to apply for the Government payment.
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 defendant allegedly engaged in corrupt conduct at the 2020 LegCo Election by making a false statement that he had incurred an election expense of $31,200 on facial treatment in the election return he lodged.
It is alleged that the defendant also attempted to induce the REO to make payment to settle his claim for the above election expense of $31,200 by falsely representing that he had incurred it on facial treatment.
The ICAC investigation arose from a referral by the REO. Enquiries revealed that the defendant purchased two facial treatment courses from a beauty parlour at $31,200 in April 2019, which was over a year before he submitted his nomination form to run at the 2020 LegCo Election. Subsequently, he found the treatment unsatisfactory and received a refund of over $8,700 from the beauty parlour in October 2019.
The REO has rendered full assistance to the ICAC during its investigation into the case.
Lam Hak-lam, 46, faces one count of engaging in corrupt conduct at an election by making a statement in the election return which he knows or ought to know is materially false or misleading, 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.
The defendant will be brought to the Eastern Magistrates’ Courts tomorrow morning (September 15) for mention.
On July 18, 2020, the defendant submitted to the REO a nomination form to stand as a candidate for the New Territories East 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 Elections (Corrupt and Illegal Conduct) Ordinance, candidates 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, he submitted to the REO an election return together with supporting documents and a claim form to apply for the Government payment.
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 defendant allegedly engaged in corrupt conduct at the 2020 LegCo Election by making a false statement that he had incurred an election expense of $31,200 on facial treatment in the election return he lodged.
It is alleged that the defendant also attempted to induce the REO to make payment to settle his claim for the above election expense of $31,200 by falsely representing that he had incurred it on facial treatment.
The ICAC investigation arose from a referral by the REO. Enquiries revealed that the defendant purchased two facial treatment courses from a beauty parlour at $31,200 in April 2019, which was over a year before he submitted his nomination form to run at the 2020 LegCo Election. Subsequently, he found the treatment unsatisfactory and received a refund of over $8,700 from the beauty parlour in October 2019.
The REO has rendered full assistance to the ICAC during its investigation into the case.