Elector gets two months for voting offence at VR election
2012-2-7
A registered elector of the 2011 Village Representative (VR) Election (Resident Representative) for Tai Mei Tuk in Tai Po, charged by the ICAC, was today (Tuesday) sentenced to two months’ imprisonment for committing a voting offence in the election.
Keith Paul Wong Kwok-pong, 39, marketing executive, earlier pleaded guilty at Fanling Magistracy to one count of engaging in corrupt conduct with respect to voting at the election, contrary to Section 16(1)(a) of the Elections (Corrupt and Illegal Conduct ) Ordinance (ECICO).
Citing a judgement from the Court of Appeal in relation to a review of sentence of a vote-planting case, Principal Magistrate Josiah Lam Wai-kuen said serious election offences warranted deterrent sentences.
The magistrate also said if lenient sentences continued to be imposed on the defendant, it would lead to the break down of the whole election system.
The magistrate added that the starting point of three months was reduced to two months, taking into account the defendant’s guilty plea.
Upon an application from the defendant, the magistrate allowed him cash bail of $5,000, pending an appeal against sentence.
The case arose from a complaint. Subsequent ICAC enquiries revealed the above offence under ECICO.
The court heard that at the material times, the defendant was an indigenous inhabitant of Tai Mei Tuk Village in Tai Po.
On March 8, 2003, the defendant submitted to the Home Affairs Department (HAD) an application for registering as an elector of the VR Election (Resident Representative) for Tai Mei Tuk.
In the voter registration form, the defendant stated that he lived in a premises in Tai Mei Tuk Village, which was his principal residential address.
The court heard that the premises, which was jointly owned by him and his father between 1994 and 2006, was sold to a married couple in May 2006.
Since then, the defendant had moved to a flat in Victoria Garden, Pok Fu Lam and lived there for about four years. Afterwards, he purchased a flat in Fulham Garden, Pok Fu Lam and moved to it in 2010.
The defendant had no longer resided in the said premises in the village for the three years preceding the election, but he did not inform HAD of the change of his principal residential address.
According to the final register of electors, the defendant was a registered elector of the 2011 VR Election (Resident Representative) for the village.
On the polling day on January 2, 2011, HAD staff reminded electors at the polling station that if they no longer resided in the village, they would be disqualified from being registered as electors, and that it was an offence if they voted in the election .
The defendant voted at the election, knowing that he was not entitled to do so, the court was told.
The prosecution was today represented by Public Prosecutor Felix Tam, assisted by ICAC officer Sarah Wong.
Keith Paul Wong Kwok-pong, 39, marketing executive, earlier pleaded guilty at Fanling Magistracy to one count of engaging in corrupt conduct with respect to voting at the election, contrary to Section 16(1)(a) of the Elections (Corrupt and Illegal Conduct ) Ordinance (ECICO).
Citing a judgement from the Court of Appeal in relation to a review of sentence of a vote-planting case, Principal Magistrate Josiah Lam Wai-kuen said serious election offences warranted deterrent sentences.
The magistrate also said if lenient sentences continued to be imposed on the defendant, it would lead to the break down of the whole election system.
The magistrate added that the starting point of three months was reduced to two months, taking into account the defendant’s guilty plea.
Upon an application from the defendant, the magistrate allowed him cash bail of $5,000, pending an appeal against sentence.
The case arose from a complaint. Subsequent ICAC enquiries revealed the above offence under ECICO.
The court heard that at the material times, the defendant was an indigenous inhabitant of Tai Mei Tuk Village in Tai Po.
On March 8, 2003, the defendant submitted to the Home Affairs Department (HAD) an application for registering as an elector of the VR Election (Resident Representative) for Tai Mei Tuk.
In the voter registration form, the defendant stated that he lived in a premises in Tai Mei Tuk Village, which was his principal residential address.
The court heard that the premises, which was jointly owned by him and his father between 1994 and 2006, was sold to a married couple in May 2006.
Since then, the defendant had moved to a flat in Victoria Garden, Pok Fu Lam and lived there for about four years. Afterwards, he purchased a flat in Fulham Garden, Pok Fu Lam and moved to it in 2010.
The defendant had no longer resided in the said premises in the village for the three years preceding the election, but he did not inform HAD of the change of his principal residential address.
According to the final register of electors, the defendant was a registered elector of the 2011 VR Election (Resident Representative) for the village.
On the polling day on January 2, 2011, HAD staff reminded electors at the polling station that if they no longer resided in the village, they would be disqualified from being registered as electors, and that it was an offence if they voted in the election .
The defendant voted at the election, knowing that he was not entitled to do so, the court was told.
The prosecution was today represented by Public Prosecutor Felix Tam, assisted by ICAC officer Sarah Wong.