Trio charged by ICAC admit illegal conduct of incurring election expenses at 2016 LegCo Election
2022-4-25
Three persons, who were neither candidates nor election expense agents of any candidates of the 2016 Legislative Council (LegCo) General Election (the Election), charged by the ICAC, today (April 25) admitted at the District Court that they had engaged in illegal conduct at the election by incurring election expenses totalling over $253,000 for placing six advertisements in two newspapers.
Tai Yiu-ting, 57, pleaded guilty to four counts of engaging in illegal conduct at an election by incurring election expense, contrary to Section 23(1) of the Elections (Corrupt and Illegal Conduct) Ordinance (ECICO). Sentencing was adjourned to May 24.
Co-defendants Ip Kim-ching, 56, and Sek Sau-ching, 51, jointly faced the above four charges with Tai. Their lawyers made representations to dispose of their case by way of bind over orders. After considering the relevant factors, including the overall circumstances of the case, the relatively lesser criminalities of Ip and Sek, their backgrounds and their attitudes towards the charges, the Department of Justice (DoJ) agreed to deal with their case by way of bind over procedure and offered no evidence to the charges against the duo.
Judge Mr Anthony Kwok Kai-on imposed a 12-month bind over order at $40,000 each on Ip and Sek after they admitted in court the summary of facts of the case and gave an undertaking to the court to be of good behaviour, keep the peace and not to breach election-related offences for a period of 12 months.
An ICAC spokesperson reminds members of the public that only a candidate or a person authorised in writing by a candidate as his election expense agent can incur election expenses.
Section 23(1) of the ECICO stipulates that it is an illegal conduct for a person, other than a candidate or a candidate’s election expense agent, to incur election expenses at or in connection with the election. Any expenditure incurred for promoting or prejudicing the election of a particular candidate or particular candidates should be counted as election expenses.
The court heard that the Election was held on September 4, 2016. On various occasions before the Election, Tai, via a radio programme, press conferences and social media, introduced to voters a voting scheme with a goal for taking half the seats in the LegCo by particular groups through recruiting voters to cast their votes for particular candidates based on recommendations to be provided by the scheme.
On August 9, 2016, a half-page advertisement promoting the scheme and its goal was placed in both Ming Pao Daily News (Ming Pao) and Apple Daily. A full-page advertisement urging voters to cast their votes with information provided by the scheme was also placed in the two newspapers on September 2 and 4, 2016.
Advertisement fees totalling over $253,000 for the above six advertisements, respectively $133,540 for the three advertisements placed in Ming Pao and $120,000 for another three advertisements placed in Apple Daily, were settled by Eggs Alliance Company Limited (Eggs Alliance). Ip and Sek were both directors of Eggs Alliance and authorised signatories of its bank accounts.
The court heard that none of the candidates being promoted under the scheme had included or set out the advertisement fees in their election returns. Tai, Ip and Sek were not candidates or election expense agents of any candidates of the Election.
The ICAC investigation arose from a complaint alleging breaches of the ECICO. Upon legal advice sought from the DoJ, charges were preferred against the trio. The Registration and Electoral Office had rendered full assistance to the ICAC during its investigation into the case.
The prosecution was today represented by Senior Assistant Director of Public Prosecutions Alice Chan, assisted by ICAC officer Stephen Leung.
Tai Yiu-ting, 57, pleaded guilty to four counts of engaging in illegal conduct at an election by incurring election expense, contrary to Section 23(1) of the Elections (Corrupt and Illegal Conduct) Ordinance (ECICO). Sentencing was adjourned to May 24.
Co-defendants Ip Kim-ching, 56, and Sek Sau-ching, 51, jointly faced the above four charges with Tai. Their lawyers made representations to dispose of their case by way of bind over orders. After considering the relevant factors, including the overall circumstances of the case, the relatively lesser criminalities of Ip and Sek, their backgrounds and their attitudes towards the charges, the Department of Justice (DoJ) agreed to deal with their case by way of bind over procedure and offered no evidence to the charges against the duo.
Judge Mr Anthony Kwok Kai-on imposed a 12-month bind over order at $40,000 each on Ip and Sek after they admitted in court the summary of facts of the case and gave an undertaking to the court to be of good behaviour, keep the peace and not to breach election-related offences for a period of 12 months.
An ICAC spokesperson reminds members of the public that only a candidate or a person authorised in writing by a candidate as his election expense agent can incur election expenses.
Section 23(1) of the ECICO stipulates that it is an illegal conduct for a person, other than a candidate or a candidate’s election expense agent, to incur election expenses at or in connection with the election. Any expenditure incurred for promoting or prejudicing the election of a particular candidate or particular candidates should be counted as election expenses.
The court heard that the Election was held on September 4, 2016. On various occasions before the Election, Tai, via a radio programme, press conferences and social media, introduced to voters a voting scheme with a goal for taking half the seats in the LegCo by particular groups through recruiting voters to cast their votes for particular candidates based on recommendations to be provided by the scheme.
On August 9, 2016, a half-page advertisement promoting the scheme and its goal was placed in both Ming Pao Daily News (Ming Pao) and Apple Daily. A full-page advertisement urging voters to cast their votes with information provided by the scheme was also placed in the two newspapers on September 2 and 4, 2016.
Advertisement fees totalling over $253,000 for the above six advertisements, respectively $133,540 for the three advertisements placed in Ming Pao and $120,000 for another three advertisements placed in Apple Daily, were settled by Eggs Alliance Company Limited (Eggs Alliance). Ip and Sek were both directors of Eggs Alliance and authorised signatories of its bank accounts.
The court heard that none of the candidates being promoted under the scheme had included or set out the advertisement fees in their election returns. Tai, Ip and Sek were not candidates or election expense agents of any candidates of the Election.
The ICAC investigation arose from a complaint alleging breaches of the ECICO. Upon legal advice sought from the DoJ, charges were preferred against the trio. The Registration and Electoral Office had rendered full assistance to the ICAC during its investigation into the case.
The prosecution was today represented by Senior Assistant Director of Public Prosecutions Alice Chan, assisted by ICAC officer Stephen Leung.