Man sentenced for voting offence at Ho Pui Tsuen VR Election

2009-7-15

A registered voter of the 2007 Village Representative (VR) Election, charged by the ICAC, was today (Wednesday) sentenced at Tuen Mun Magistracy for committing a voting offence in the VR election for Ho Pui Tsuen in Yuen Long.

Fan Yun-sang, 46, was ordered by Magistrate Mr Peter Hui Shiu-keung to perform 100 hours of community service.

The defendant was earlier found guilty of one count of corrupt conduct with respect to voting at an election, contrary to Section 16(1)(a) of the Elections (Corrupt and Illegal Conduct) Ordinance.

The court heard that the defendant had been residing in Ho Pui Tsuen since his childhood. In April 2002, the defendant purchased and moved to a unit at a private residential estate in Yuen Long. Since then, the defendant no longer resided at the village .

On March 16, 2003, the defendant authorised an unidentified villager of Ho Pui Tusen to fill in the information and sign on his voter registration form for the election. The form was then submitted to the Home Affairs Department (HAD).

According to the form, Ho Pui Tsuen was reported as the defendant’s principal residential address.

The court heard that in October 2006, HAD published a final register of electors for the election, in which the defendant was an eligible elector.

At the end of 2006, HAD sent out a notice to the defendant, reminding him that he would be disqualified from voting at the election if he had moved out from the village, and that it would be an offence if he cast his vote.

When the election took place at the polling station on January 6, 2007, HAD officers read out a reminder to each and every voter, including the defendant, before issuing him the ballot paper. The same reminder was also posted inside the polling station.

The defendant, however, cast his vote at the election, knowing that he was not entitled to do so, the court was told.

The prosecution was today represented by prosecuting counsel Kelly Shui, assisted by ICAC officer Paul Lau.
Back to Index