Two months’ jail for vote-rigging in DC Election

2013-5-28

A couple, charged by the ICAC, was today (Tuesday) each sentenced to two months’ imprisonment at the Kowloon City Magistracy for vote-rigging in the 2011 Kowloon City District Council (DC) Election (To Kwa Wan South Constituency).

Mak Lan-ching, 56, yesterday pleaded guilty to one count of engaging in corrupt conduct with respect to voting at an election, contrary to Section 16(1)(b)(i) of the Elections (Corrupt and Illegal Conduct) Ordinance (ECICO).

Mak’s husband Lun Yui-keung, 60, admitted an alternative charge of engaging in corrupt conduct with respect to voting at an election, contrary to Section 16(1)(b)(iii) of the ECICO.

In sentencing, Deputy Magistrate Chu Chung-keung said the defendants deserved custodial sentences as the offence of vote-rigging was of a serious nature.

Upon the applications of the defendants, the deputy magistrate granted them cash bail of $10,000 each, pending their appeals against sentences. They were also ordered not to leave Hong Kong.

The case arose from a complaint. Subsequent ICAC enquiries revealed the above ECICO offences.

The court heard that between May and June 2011, the Registration and Electoral Office (REO) received two voter registration forms respectively signed by the defendants for the purpose of voter registration or change of residential address.

In their applications, the defendants stated that a flat jointly owned by them at 94 Wing Kwong Street, To Kwa Wan was their only or principal residential address, making them eligible electors of the 2011 Kowloon City DC Election (To Kwa Wan South Consti tuency).

However, ICAC enquiries revealed that the flat was leased to three tenants in 2011. The tenants confirmed that the defendants had never resided thereat.

When interviewed under caution by ICAC officers, the defendants admitted that they resided at a flat outside the constituency at the material time.

Further enquiries confirmed that on the polling day on November 6, 2011, Mak and Lun obtained ballot papers and voted at the DC Election after respectively having knowingly and recklessly given materially false or misleading information to an electoral of ficer, the court was told.

REO had rendered full assistance to the ICAC during the investigation.

The prosecution was today represented by Senior Public Prosecutor Jones Tsui, assisted by ICAC officer Winnie Fung.
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