Defeated candidate of EC Subsector Elections sentenced for failing to lodge election return
2020-1-20
A defeated candidate of the Architectural, Surveying, Planning and Landscape Subsector of the 2016 Election Committee (EC) Subsector Elections, charged by the ICAC, was today (January 20) sentenced at the Kwun Tong Magistracy for failing to lodge an election return as required by the Elections (Corrupt and Illegal Conduct) Ordinance (ECICO).
Man Chi-chuen, 55, quantity surveyor, was ordered by Acting Principal Magistrate Miss Ivy Chui Yee-mei to perform 100 hours of community service.
The defendant earlier pleaded guilty to one count of failing to lodge an election return as required under Section 37 of the ECICO, contrary to Section 38(1)(a) of the ECICO.
The case arose from a referral by the Registration and Electoral Office (REO). Subsequent ICAC enquiries revealed the above offence.
The court heard that the defendant was a candidate of the Architectural, Surveying, Planning and Landscape Subsector of the 2016 EC Subsector Elections held on December 11, 2016, and he was defeated.
Two days after the polling day, the REO sent a letter by registered post to the defendant, reminding him to lodge his election return with the REO on or before January 14, 2017. As the REO did not receive his election return by the statutory deadline, the case was referred to the ICAC for investigation.
When interviewed under caution by ICAC officers on May 2, 2017, the defendant admitted that he did not submit his election return because he was busy. He was fully aware of the requirement to lodge the election return with the REO by the statutory deadline.
On June 19, 2018, the defendant applied to the Court of First Instance for a relief order pursuant to Section 40(1) of the ECICO.
On December 2, 2019, the application was dismissed by court which held that the defendant failed to show his failure to lodge his election return was attributable to either “inadvertence” or “reasonable cause”.
The REO had rendered full assistance to the ICAC during its investigation into the case.
The prosecution was today represented by Senior Public Prosecutor Andrew Cheng, assisted by ICAC officer Rubie Lau.
Man Chi-chuen, 55, quantity surveyor, was ordered by Acting Principal Magistrate Miss Ivy Chui Yee-mei to perform 100 hours of community service.
The defendant earlier pleaded guilty to one count of failing to lodge an election return as required under Section 37 of the ECICO, contrary to Section 38(1)(a) of the ECICO.
The case arose from a referral by the Registration and Electoral Office (REO). Subsequent ICAC enquiries revealed the above offence.
The court heard that the defendant was a candidate of the Architectural, Surveying, Planning and Landscape Subsector of the 2016 EC Subsector Elections held on December 11, 2016, and he was defeated.
Two days after the polling day, the REO sent a letter by registered post to the defendant, reminding him to lodge his election return with the REO on or before January 14, 2017. As the REO did not receive his election return by the statutory deadline, the case was referred to the ICAC for investigation.
When interviewed under caution by ICAC officers on May 2, 2017, the defendant admitted that he did not submit his election return because he was busy. He was fully aware of the requirement to lodge the election return with the REO by the statutory deadline.
On June 19, 2018, the defendant applied to the Court of First Instance for a relief order pursuant to Section 40(1) of the ECICO.
On December 2, 2019, the application was dismissed by court which held that the defendant failed to show his failure to lodge his election return was attributable to either “inadvertence” or “reasonable cause”.
The REO had rendered full assistance to the ICAC during its investigation into the case.
The prosecution was today represented by Senior Public Prosecutor Andrew Cheng, assisted by ICAC officer Rubie Lau.