2015 DC Election defeated candidate penalised for failing to lodge an election return
2017-3-13
A defeated candidate of the 2015 Sai Kung District Council (DC) Election (Kwan Po Constituency), charged by the ICAC, was today (March 13) sentenced at the Kwun Tong Magistracy for failing to lodge an election return as required by the Elections (Corrupt and Illegal Conduct) Ordinance (ECICO).
Antony Lee Sun, 40, accountant, was fined $5,000 by Principal Magistrate Mr Ernest Lin Kam-hung.
The defendant today pleaded guilty to one count of failing to lodge an election return as required under Section 37 of the ECICO, contrary to Section 38 of the ECICO.
The court heard that at the material time, the defendant was a candidate of the 2015 DC Election for the Kwan Po Constituency of Sai Kung District.
Upon receiving the nomination form of the defendant in October 2015, the Registration and Electoral Office (REO) had served a bundle of documents to inform and remind the defendant of his obligations as a candidate under the relevant electoral laws.
The candidate’s obligations included to lodge with the REO a “Return and Declaration of Election Expenses and Election Donations” pursuant to Section 37 of the ECICO.
According to the records of the REO, the defendant had attended a briefing session on October 20, 2015 during which the Chairman of the Electoral Affairs Commission had drawn the attendees’ attention to the requirement for lodging the Election Returns within 30 days after the publication of election results.
On November 18, 2015, the REO issued a standard letter to all candidates at the election, including the defendant, reminding them to lodge the Election Returns as required by law.
The court heard that the defendant was defeated in the election held on November 22, 2015. The election results were published on November 30, 2015.
On December 30, 2015, an Electoral Assistant of the REO contacted the defendant to remind him of the deadline for submission of his Election Return.
As the REO did not receive the defendant’s Election Return, it referred the case to the ICAC on January 13, 2016, the court heard.
When interviewed under caution by ICAC officers on March 15, 2016, the defendant admitted that he had failed to lodge an election return to the REO on or before the deadline on December 30, 2015 although he was aware of such requirement.
The prosecution was today represented by ICAC officer Simon Ip.
Antony Lee Sun, 40, accountant, was fined $5,000 by Principal Magistrate Mr Ernest Lin Kam-hung.
The defendant today pleaded guilty to one count of failing to lodge an election return as required under Section 37 of the ECICO, contrary to Section 38 of the ECICO.
The court heard that at the material time, the defendant was a candidate of the 2015 DC Election for the Kwan Po Constituency of Sai Kung District.
Upon receiving the nomination form of the defendant in October 2015, the Registration and Electoral Office (REO) had served a bundle of documents to inform and remind the defendant of his obligations as a candidate under the relevant electoral laws.
The candidate’s obligations included to lodge with the REO a “Return and Declaration of Election Expenses and Election Donations” pursuant to Section 37 of the ECICO.
According to the records of the REO, the defendant had attended a briefing session on October 20, 2015 during which the Chairman of the Electoral Affairs Commission had drawn the attendees’ attention to the requirement for lodging the Election Returns within 30 days after the publication of election results.
On November 18, 2015, the REO issued a standard letter to all candidates at the election, including the defendant, reminding them to lodge the Election Returns as required by law.
The court heard that the defendant was defeated in the election held on November 22, 2015. The election results were published on November 30, 2015.
On December 30, 2015, an Electoral Assistant of the REO contacted the defendant to remind him of the deadline for submission of his Election Return.
As the REO did not receive the defendant’s Election Return, it referred the case to the ICAC on January 13, 2016, the court heard.
When interviewed under caution by ICAC officers on March 15, 2016, the defendant admitted that he had failed to lodge an election return to the REO on or before the deadline on December 30, 2015 although he was aware of such requirement.
The prosecution was today represented by ICAC officer Simon Ip.