Election candidate goes to jail after vote-buying conviction upheld
2012-11-23
A candidate of the executive committee election of the 2011 Sheung Shui District Rural Committee (RC), charged by the ICAC, was today (Friday) sent to jail to serve his prison term after the Court of First Instance (CFI) dismissed his appeal against convi ction of vote-buying.
Brian Kan Ping-chee, 74, a retired horse trainer, was found guilty in November last year at Fanling Magistracy of one count of engaging in corrupt conduct at an election, contrary to Section 11(1)(a) of the Elections (Corrupt and Illegal Conduct) Ordinanc e.
One month later, Kan was sentenced to three months and two weeks’ imprisonment by Magistrate Mr Symon Wong Yu-wing. He subsequently lodged an appeal with the CFI against his conviction, and was granted bail, pending his appeal.
In dismissing Kan’s appeal, Mr Justice Derek Pang Wai-cheong rejected his arguments that the trial magistrate’s analysis was over-simplified, inadequate or erroneous, and that the evidence was insufficient to prove that Kan had induced another person to vote for him.
Mr Justice Pang also said he would come to the same conclusion the trial magistrate had reached as it was the only reasonable inference that the wad of banknotes put by Kan on a table inside a room of a store operated by a village representative was inten ded to buy the latter’s vote.
The court heard that on February 28, 2011, Kan submitted his nomination for the executive committee election of the 2011 Sheung Shui District RC Committee.
On the previous day, Kan left a wad of banknotes, totalling $130,000, on a table inside a room of a store run by Liu Fu-sau, a village representative of the Sheung Shui District. The bribe was for Liu to vote for Kan at the election, the court was told.
The prosecution was today represented by Deputy Director of Public Prosecutions William Tam and Senior Public Prosecutor Hermina Ng, assisted by ICAC officer Vivian Lee.
Brian Kan Ping-chee, 74, a retired horse trainer, was found guilty in November last year at Fanling Magistracy of one count of engaging in corrupt conduct at an election, contrary to Section 11(1)(a) of the Elections (Corrupt and Illegal Conduct) Ordinanc e.
One month later, Kan was sentenced to three months and two weeks’ imprisonment by Magistrate Mr Symon Wong Yu-wing. He subsequently lodged an appeal with the CFI against his conviction, and was granted bail, pending his appeal.
In dismissing Kan’s appeal, Mr Justice Derek Pang Wai-cheong rejected his arguments that the trial magistrate’s analysis was over-simplified, inadequate or erroneous, and that the evidence was insufficient to prove that Kan had induced another person to vote for him.
Mr Justice Pang also said he would come to the same conclusion the trial magistrate had reached as it was the only reasonable inference that the wad of banknotes put by Kan on a table inside a room of a store operated by a village representative was inten ded to buy the latter’s vote.
The court heard that on February 28, 2011, Kan submitted his nomination for the executive committee election of the 2011 Sheung Shui District RC Committee.
On the previous day, Kan left a wad of banknotes, totalling $130,000, on a table inside a room of a store run by Liu Fu-sau, a village representative of the Sheung Shui District. The bribe was for Liu to vote for Kan at the election, the court was told.
The prosecution was today represented by Deputy Director of Public Prosecutions William Tam and Senior Public Prosecutor Hermina Ng, assisted by ICAC officer Vivian Lee.