Housewife jailed for vote-rigging at DC Election after resumption of trial
2014-5-26
A housewife, charged by the ICAC, was today (Monday) sentenced to three months’ imprisonment at the Kowloon City Magistracy after being convicted of vote-rigging at the 2011 Yau Tsim Mong District Council (DC) Election (King’s Park Constituency) after resumption of trial.
Cheng Lai-wan, 66, was today found guilty of 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 Conduct) Ordinance (ECICO).
In sentencing, Deputy Magistrate Sarah Sin Kam-seung said speculative arguments submitted by the defence should not be considered, and that there was sufficient evidence to convict the defendant.
Upon the defendant’s application, the deputy magistrate granted her cash bail of $20,000 pending her appeal. The defendant was also ordered not to leave Hong Kong and to report to the Police twice a week.
The defendant was originally acquitted of the voting-rigging offence in October 2012 after the trial magistrate ruled that the prosecution could not prove beyond reasonable doubt that the defendant had voted at the election.
The Department of Justice subsequently lodged an appeal with the Court of First Instance (CFI) against the acquittal. The CFI earlier allowed the appeal and ordered that the case be remitted to the trial magistrate for resumption of trial.
Prior to the resumption of the trial, the prosecution and the defence supplied to the trial magistrate written submissions for her consideration.
After the trial resumed today, the defendant was found guilty of the offence.
The court heard that on July 16, 2011, the defendant submitted to the Registration and Electoral Office (REO) her application for registration as an elector at the 2011 Yau Tsim Mong DC Election (King’s Park Constituency).
In her application, the defendant stated that a flat in Yin Chong Street, Mongkok was her only or principal residential address.
Examination of the marked copies of the register revealed that as the defendant had obtained a ballot paper, it was presumed under the ECICO that she had voted at the election, the court heard.
An occupant of the flat confirmed that at all material times, she and her son were occupying the flat, and that she did not know the defendant. In fact, the defendant had never resided in the flat.
ICAC investigation revealed that the defendant lived in a public housing unit outside the constituency, 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 Isabel Tsoi.
Cheng Lai-wan, 66, was today found guilty of 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 Conduct) Ordinance (ECICO).
In sentencing, Deputy Magistrate Sarah Sin Kam-seung said speculative arguments submitted by the defence should not be considered, and that there was sufficient evidence to convict the defendant.
Upon the defendant’s application, the deputy magistrate granted her cash bail of $20,000 pending her appeal. The defendant was also ordered not to leave Hong Kong and to report to the Police twice a week.
The defendant was originally acquitted of the voting-rigging offence in October 2012 after the trial magistrate ruled that the prosecution could not prove beyond reasonable doubt that the defendant had voted at the election.
The Department of Justice subsequently lodged an appeal with the Court of First Instance (CFI) against the acquittal. The CFI earlier allowed the appeal and ordered that the case be remitted to the trial magistrate for resumption of trial.
Prior to the resumption of the trial, the prosecution and the defence supplied to the trial magistrate written submissions for her consideration.
After the trial resumed today, the defendant was found guilty of the offence.
The court heard that on July 16, 2011, the defendant submitted to the Registration and Electoral Office (REO) her application for registration as an elector at the 2011 Yau Tsim Mong DC Election (King’s Park Constituency).
In her application, the defendant stated that a flat in Yin Chong Street, Mongkok was her only or principal residential address.
Examination of the marked copies of the register revealed that as the defendant had obtained a ballot paper, it was presumed under the ECICO that she had voted at the election, the court heard.
An occupant of the flat confirmed that at all material times, she and her son were occupying the flat, and that she did not know the defendant. In fact, the defendant had never resided in the flat.
ICAC investigation revealed that the defendant lived in a public housing unit outside the constituency, 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 Isabel Tsoi.