Two months’ jail for vote-rigging at DC Election
2012-8-13
Two registered voters, charged by the ICAC, were today (Monday) each sentenced to two months’ imprisonment at Kowloon City Magistracy for vote-rigging in relation to the 2011 Yau Tsim Mong District Council (DC) Election (King’s Park Constituency).
Chan Yuet-sun, 40, cook, and his elder sister Chan Siu-kwan, 44, cashier, earlier each pleaded guilty to one count of engaging in corrupt conduct with respect to voting at election, contrary to Section 16(1)(b)(i) of the Elections (Corrupt and Illegal Con duct) Ordinance (ECICO).
In sentencing, Acting Principal Magistrate Mr Peter Law Tak-chuen remarked that election was a cornerstone in a civilised society, and that any acts, which undermined the fairness of an election, including vote-rigging, were offences of a very serious nat ure.
The magistrate added that while custodial sentences were appropriate for the defendants, the starting point of three months was reduced to two months, taking into account their guilty pleas.
Upon the applications of the defendants in two separate cases, the magistrate granted them each cash bail of $2,000 pending their appeals against sentences. The defendants were also ordered not to leave Hong Kong.
In the first case, the court heard that on July 16, 2011, Chan Yuet-sun submitted to the Registration and Electoral Office (REO) an application for voter registration as an elector of the DC Election.
In the voter registration form, Chan Yuet-sun stated that a flat in Hung Fai Building, 2Q-2Z Tung Choi Street, Mongkok was his only or principal residential address.
The owners and occupants of the address confirmed that the flat was mainly used for goods storage and that Chan Yuet-sun had not resided there. In fact, Chan Yuet-sun lived in Tin Shui Wai.
In the second case, Chan Siu-kwan submitted her application for voter registration to the REO on July 16, 2011, the court heard.
She stated in the application form that a flat in Hung Wai Building, 3 Fa Yuen Street, Mongkok was her only or principal residential address. In fact, she resided in a public housing unit in Yuen Long.
Examination of the marked copies of the register in connection with the cases confirmed that on the polling day on November 6, 2011, Chan Yuet-sun and Chan Siu-kwan obtained ballot papers and voted at the DC Election after having given to an electoral off icer information that they knew to be materially false or misleading, the court was told.
The above cases arose from a complaint alleging breaches of the ECICO. REO had rendered full assistance to the ICAC during the investigation.
The prosecution was today represented by Senior Public Prosecutor Beney Wong, assisted by ICAC officer Vivian Lee.
Chan Yuet-sun, 40, cook, and his elder sister Chan Siu-kwan, 44, cashier, earlier each pleaded guilty to one count of engaging in corrupt conduct with respect to voting at election, contrary to Section 16(1)(b)(i) of the Elections (Corrupt and Illegal Con duct) Ordinance (ECICO).
In sentencing, Acting Principal Magistrate Mr Peter Law Tak-chuen remarked that election was a cornerstone in a civilised society, and that any acts, which undermined the fairness of an election, including vote-rigging, were offences of a very serious nat ure.
The magistrate added that while custodial sentences were appropriate for the defendants, the starting point of three months was reduced to two months, taking into account their guilty pleas.
Upon the applications of the defendants in two separate cases, the magistrate granted them each cash bail of $2,000 pending their appeals against sentences. The defendants were also ordered not to leave Hong Kong.
In the first case, the court heard that on July 16, 2011, Chan Yuet-sun submitted to the Registration and Electoral Office (REO) an application for voter registration as an elector of the DC Election.
In the voter registration form, Chan Yuet-sun stated that a flat in Hung Fai Building, 2Q-2Z Tung Choi Street, Mongkok was his only or principal residential address.
The owners and occupants of the address confirmed that the flat was mainly used for goods storage and that Chan Yuet-sun had not resided there. In fact, Chan Yuet-sun lived in Tin Shui Wai.
In the second case, Chan Siu-kwan submitted her application for voter registration to the REO on July 16, 2011, the court heard.
She stated in the application form that a flat in Hung Wai Building, 3 Fa Yuen Street, Mongkok was her only or principal residential address. In fact, she resided in a public housing unit in Yuen Long.
Examination of the marked copies of the register in connection with the cases confirmed that on the polling day on November 6, 2011, Chan Yuet-sun and Chan Siu-kwan obtained ballot papers and voted at the DC Election after having given to an electoral off icer information that they knew to be materially false or misleading, the court was told.
The above cases arose from a complaint alleging breaches of the ECICO. REO had rendered full assistance to the ICAC during the investigation.
The prosecution was today represented by Senior Public Prosecutor Beney Wong, assisted by ICAC officer Vivian Lee.