One month's jail for role in DC Election vote-planting

2000-11-13

A clerk was sentenced to one month's imprisonment at San Po Kong Court today (Monday) for involvement in a vote-planting scam in the 1999 District Councils (DC) Election.

Monica Tsang Kim-man, 34, earlier pleaded guilty to one count of voting at an election, knowing that she was not entitled to vote, contrary to Sections 10 and 14(1)(a) of the Corrupt and Illegal Practices Ordinance (CIPO).

Magistrate Mr Kwok Wai-kin said an immediate custodial sentence was imposed to ensure fair and honest elections in Hong Kong.

The judge cited a sentencing guideline of the Court of Appeal on breaches of election offences relating to a vote-planting case involving a candidate in the 1994 DB Election in November 1997.

The judge added that he had taken into account the defendant's good records and guilty plea.

Tsang was among nine persons earlier charged by the ICAC for their alleged roles in the vote-planting scam.

The other eight defendants were swimming instructor Chan Chung-wai, 36, who was an unsuccessful candidate of the 1999 DC Election for the Hung Hom Constituency of Kowloon City District; Tse Yu-fau, 30, taxi driver; Poon Elton, 23, unemployed; Lee Ying-wai , 21, student; Chan Wai-sum, 33, housewife; Fung Che-yuen, 37, stock broker; Wendy Tao Mei-fung, 33, part-time staff of the Hong Kong Jockey Club; and Willy Ho Ka-wai, 28, computer salesman.

The court heard that Tsang was a friend of Chan Wai-sum, the younger sister of Chan Chung-wai.

Chan Wai-sum had called up Tsang and asked her to register as a voter in the Hung Hom Constituency, so that she could vote for his elder brother Chan Chung-wai.

Chan Wai-sum also said she would fill out the registration form for her and suggested Tsang to use the address of the parents of their friend Wendy Tao Mei-fung.

Tsang knew she was not entitled to register herself in the constituency, but conceded to the request and gave Chan Wai-sum her personal particulars.

On the polling day, November 28 last year, Tsang went to the designated polling station and voted for Chan Chung-wai, knowing that she was not entitled to vote in the constituency.

The remaining eight defendants had pleaded not guilty to a total of 18 offences, including conspiracy to defraud the Registration and Electoral Office (REO) and voting offences under Section 14(1)(a) of the CIPO.

Chan Chung-wai, Tse, Poon, Lee, Chan Wai-sum, Fung and Tao are due to appear in court this Saturday (November 18) for hearing on their applications for severance of trial, while Ho’s trial has been set for January 16 next year.

The prosecution was today represented by Government Counsel Gary Lam, assisted by ICAC officer Raymond Yuen.
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