Conviction upheld for former legislator convicted of election bribery
2000-9-8
The Court of First Instance today (Friday) dismissed former Legislative Councillor Chim Pui-chung's appeal against his conviction of corruptly treating voters and incurring election expenses without authorisation in relation to the 1998 Legislative Counci l elections.
Chim, 53, was found guilty in August last year at Eastern Court of two offences under Sections 7(a) and 12(1) of the Corrupt and Illegal Practices Ordinance (CIPO). He was fined a total of $100,000.
Judge Thomas Gall dismissed all the five grounds of appeal raised by the appellant.
The judge did not accept the appellant's argument that an election meeting should be narrowly defined as gatherings held by a candidate himself or by any other person with consent on the candidate's behalf.
He also dismissed the argument that only expenses directly incurred by the candidate or incurred by any other person on his behalf need to be authorized in writing by the candidate.
The judge said that it must be the policy of the legislature that elections be kept free of corruption, and given that an honest legislature was essential to the proper governance of Hong Kong, measures to ensure that honesty were very important.
Chim was found guilty of corruptly providing a meal and drink to approximately 90 potential voters of the 1998 Financial Services Subsector (FSS) election through the Financial Services Association Ltd. on March 27, 1998 for the purpose of influencing the m to give their votes at the election.
He was also convicted of incurring election expenses on behalf of candidates in the 1998 FSS election on the same day, while he was not a candidate in that election or a person authorised by the candidates to incur the expenses.
The prosecution was today represented by ICAC officer Teresa Wu.
Chim, 53, was found guilty in August last year at Eastern Court of two offences under Sections 7(a) and 12(1) of the Corrupt and Illegal Practices Ordinance (CIPO). He was fined a total of $100,000.
Judge Thomas Gall dismissed all the five grounds of appeal raised by the appellant.
The judge did not accept the appellant's argument that an election meeting should be narrowly defined as gatherings held by a candidate himself or by any other person with consent on the candidate's behalf.
He also dismissed the argument that only expenses directly incurred by the candidate or incurred by any other person on his behalf need to be authorized in writing by the candidate.
The judge said that it must be the policy of the legislature that elections be kept free of corruption, and given that an honest legislature was essential to the proper governance of Hong Kong, measures to ensure that honesty were very important.
Chim was found guilty of corruptly providing a meal and drink to approximately 90 potential voters of the 1998 Financial Services Subsector (FSS) election through the Financial Services Association Ltd. on March 27, 1998 for the purpose of influencing the m to give their votes at the election.
He was also convicted of incurring election expenses on behalf of candidates in the 1998 FSS election on the same day, while he was not a candidate in that election or a person authorised by the candidates to incur the expenses.
The prosecution was today represented by ICAC officer Teresa Wu.