Two candidates of 2020 LegCo Election admit failing to lodge election return
2022-4-27
Two candidates on the same nomination list of the 2020 Legislative Council (LegCo) General Election (the Election) for the New Territories West Geographical Constituency, charged by the ICAC, admitted at the Kwun Tong Magistrates’ Courts today (April 27) that they had failed to lodge an election return as required by the Elections (Corrupt and Illegal Conduct) Ordinance (ECICO).
Lucia Chiu Po-kam, 47, nurse; and Wong Chun-lam, 41, bus driver, pleaded guilty to one count of failing to lodge an election return as required under Section 37 of the ECICO, contrary to Section 38 of the ECICO.
Magistrate Mr Joseph To Ho-shing adjourned the case to May 11 for sentence, pending the defendants’ background reports. The duo were remanded in the custody of the Correctional Services Department.
The court heard that the Election was originally scheduled for September 6, 2020. During the nomination period which ran from July 18 to 31, 2020, the Registration and Electoral Office (REO) received a nomination form for the New Territories West Geographical Constituency from the duo. Chiu and Wong were respectively the first candidate and the second candidate on the same nomination list.
The duo received from the REO a candidate folder which contained a blank election return form, a guide to election return and an action checklist for candidates. As stated on the action checklist, candidates on the same nomination list should submit one set of election return to the REO.
In accordance with the Emergency (Date of General Election) (Seventh Term of the LegCo) Regulation (the Regulation) which came into operation on August 1, 2020, the Election was subsequently discontinued. Under the Regulation, the ECICO applies to the Election and “the candidate must ensure that the election return is lodged before the expiry of the period of 60 days beginning with August 1, 2020.” As such, the statutory deadline for the candidates to submit election returns to the REO was September 29, 2020.
On August 14, 2020, the REO sent registered mails to Chiu and Wong reminding them to lodge the election return by September 29, 2020. Reminder emails were further sent to the duo on two other occasions before the election return submission deadline. By the submission deadline, the REO did not receive the election return of the duo.
The REO then referred the case to the ICAC and rendered full assistance to the Commission during its investigation into the case.
The prosecution was today represented by Senior Public Prosecutor Peggy Leung, assisted by ICAC officer Jessie Fu.
An ICAC spokesperson noted that over the years, the ICAC has carried out various multi-faceted education and publicity programmes for public elections to promote a clean election culture. For the above Election, the ICAC has published the “Reminder to Candidates on Election Return” and distributed it to all candidates through the REO. The reminder was also uploaded to the Clean Elections Website to remind candidates of the legal requirement of lodging their election returns by the statutory deadline and the points-to-note for completing election returns.
Lucia Chiu Po-kam, 47, nurse; and Wong Chun-lam, 41, bus driver, pleaded guilty to one count of failing to lodge an election return as required under Section 37 of the ECICO, contrary to Section 38 of the ECICO.
Magistrate Mr Joseph To Ho-shing adjourned the case to May 11 for sentence, pending the defendants’ background reports. The duo were remanded in the custody of the Correctional Services Department.
The court heard that the Election was originally scheduled for September 6, 2020. During the nomination period which ran from July 18 to 31, 2020, the Registration and Electoral Office (REO) received a nomination form for the New Territories West Geographical Constituency from the duo. Chiu and Wong were respectively the first candidate and the second candidate on the same nomination list.
The duo received from the REO a candidate folder which contained a blank election return form, a guide to election return and an action checklist for candidates. As stated on the action checklist, candidates on the same nomination list should submit one set of election return to the REO.
In accordance with the Emergency (Date of General Election) (Seventh Term of the LegCo) Regulation (the Regulation) which came into operation on August 1, 2020, the Election was subsequently discontinued. Under the Regulation, the ECICO applies to the Election and “the candidate must ensure that the election return is lodged before the expiry of the period of 60 days beginning with August 1, 2020.” As such, the statutory deadline for the candidates to submit election returns to the REO was September 29, 2020.
On August 14, 2020, the REO sent registered mails to Chiu and Wong reminding them to lodge the election return by September 29, 2020. Reminder emails were further sent to the duo on two other occasions before the election return submission deadline. By the submission deadline, the REO did not receive the election return of the duo.
The REO then referred the case to the ICAC and rendered full assistance to the Commission during its investigation into the case.
The prosecution was today represented by Senior Public Prosecutor Peggy Leung, assisted by ICAC officer Jessie Fu.
An ICAC spokesperson noted that over the years, the ICAC has carried out various multi-faceted education and publicity programmes for public elections to promote a clean election culture. For the above Election, the ICAC has published the “Reminder to Candidates on Election Return” and distributed it to all candidates through the REO. The reminder was also uploaded to the Clean Elections Website to remind candidates of the legal requirement of lodging their election returns by the statutory deadline and the points-to-note for completing election returns.