DC Election candidate admits false claims of support
2014-1-16
A candidate of the 2011 District Council (DC) Election, charged by the ICAC, today (Thursday) admitted at the Kowloon City Magistracy that he had published an election advertisement which included false claims of support and failed to meet certain requirements.
Edward Leung Wai-kuen, 57, pleaded guilty to one count of engaging in illegal conduct to publish an election advertisement that included false claims of support, contrary to Section 27 of the Elections (Corrupt and Illegal Conduct) Ordinance (ECICO).
Leung also admitted another count of publishing an election advertisement that did not meet certain requirements, contrary to Section 34(4) of the ECICO.
Principal Magistrate Peter Law Tak-chuen adjourned the case to February 24 for sentence, pending a background report. Leung was granted cash bail of $5,000, and ordered not to leave Hong Kong.
The court heard that Leung was a candidate in the King’s Park Constituency of the Yau Tsim Mong District in the 2011 DC Election.
The election was held on November 6, 2011, with its nomination period running from September 15 to 28. On September 15, Leung submitted his nomination form to the Yau Tsim Mong District Office of the Home Affairs Department (HAD).
At the election, Leung obtained 1,045 votes and defeated other four contestants in the constituency. However, one of the defeated candidates filed an election petition challenging the result of the election on one of the grounds that Leung had breached Section 27 of the ECICO.
The court heard that on November 28, 2011, HAD received a complaint alleging that Leung had failed to obtain the written consent of support from 58 persons/organisations before publishing an election advertisement, namely a pamphlet, which included their names.
According to HAD, Leung only submitted one written consent of support to its office after publication of the pamphlet. Leung was required to submit a written reply by January 4, 2012.
On January 3, 2012, Leung tendered a written reply to HAD, in which he admitted that he had failed to obtain written consent of support from supporters. The case was subsequently referred to the ICAC for investigation.
When interviewed under caution by ICAC officers on January 16, 2012, Leung stated that he had obtained verbal consent from all 58 persons/organisations before publishing the pamphlet.
Leung also said he had only obtained four written consent of support, but failed to obtain the remaining written consent before the pamphlet was published by post, the court was told.
On June 29, 2012, Leung made an application to the Court of First Instance (CFI) for an order to relief him from any penalties. But his application was rejected by CFI on January 17 last year.
On March 22 last year, after hearing, CFI allowed the election petition and ruled that Leung was not duly elected at the election, which subsequently led to a by-election held on October 27 last year.
ICAC enquiries established that 35 persons had not given prior written consent of support to Leung for including their names in the pamphlet before it was published.
The court also heard that Leung had failed to furnish two copies of the pamphlet to the returning officer within seven days after publishing the pamphlet in the election.
The prosecution was today represented by Senior Public Prosecutor Dominic Ngai, assisted by ICAC officer Jennie Sum.
Edward Leung Wai-kuen, 57, pleaded guilty to one count of engaging in illegal conduct to publish an election advertisement that included false claims of support, contrary to Section 27 of the Elections (Corrupt and Illegal Conduct) Ordinance (ECICO).
Leung also admitted another count of publishing an election advertisement that did not meet certain requirements, contrary to Section 34(4) of the ECICO.
Principal Magistrate Peter Law Tak-chuen adjourned the case to February 24 for sentence, pending a background report. Leung was granted cash bail of $5,000, and ordered not to leave Hong Kong.
The court heard that Leung was a candidate in the King’s Park Constituency of the Yau Tsim Mong District in the 2011 DC Election.
The election was held on November 6, 2011, with its nomination period running from September 15 to 28. On September 15, Leung submitted his nomination form to the Yau Tsim Mong District Office of the Home Affairs Department (HAD).
At the election, Leung obtained 1,045 votes and defeated other four contestants in the constituency. However, one of the defeated candidates filed an election petition challenging the result of the election on one of the grounds that Leung had breached Section 27 of the ECICO.
The court heard that on November 28, 2011, HAD received a complaint alleging that Leung had failed to obtain the written consent of support from 58 persons/organisations before publishing an election advertisement, namely a pamphlet, which included their names.
According to HAD, Leung only submitted one written consent of support to its office after publication of the pamphlet. Leung was required to submit a written reply by January 4, 2012.
On January 3, 2012, Leung tendered a written reply to HAD, in which he admitted that he had failed to obtain written consent of support from supporters. The case was subsequently referred to the ICAC for investigation.
When interviewed under caution by ICAC officers on January 16, 2012, Leung stated that he had obtained verbal consent from all 58 persons/organisations before publishing the pamphlet.
Leung also said he had only obtained four written consent of support, but failed to obtain the remaining written consent before the pamphlet was published by post, the court was told.
On June 29, 2012, Leung made an application to the Court of First Instance (CFI) for an order to relief him from any penalties. But his application was rejected by CFI on January 17 last year.
On March 22 last year, after hearing, CFI allowed the election petition and ruled that Leung was not duly elected at the election, which subsequently led to a by-election held on October 27 last year.
ICAC enquiries established that 35 persons had not given prior written consent of support to Leung for including their names in the pamphlet before it was published.
The court also heard that Leung had failed to furnish two copies of the pamphlet to the returning officer within seven days after publishing the pamphlet in the election.
The prosecution was today represented by Senior Public Prosecutor Dominic Ngai, assisted by ICAC officer Jennie Sum.