Defeated candidate guilty of providing entertainment at 2019 DC Election and bribing electors
2022-4-29
A defeated candidate of the 2019 District Council (DC) Election (the Election), charged by the ICAC, was found guilty today (April 29) at the Eastern Magistrates’ Courts of engaging in corrupt conduct at the Election by providing entertainment to induce others to vote for the candidate and bribing electors.
Au Chung-yin, 45, engineer, was found guilty of two charges – one of engaging in corrupt conduct to provide others with entertainment at an election, contrary to Section 12(1)(a) of the Elections (Corrupt and Illegal Conduct) Ordinance (ECICO), and one of engaging in corrupt conduct to bribe electors at an election, contrary to Section 11(1)(a) of the ECICO.
Magistrate Ms Leung Ka-kie adjourned the case to May 13 for sentence, pending the defendant’s background and community service order reports. The defendant was remanded in the custody of the Correctional Services Department.
The court heard that the Election was held on November 24, 2019. The defendant submitted her nomination form to stand as a candidate for the University Constituency of the Central and Western District on the first day of the nomination period, which ran from October 4 to 17, 2019.
Upon the invitation of the defendant, two buskers made a one-hour singing performance near an exit of an MTR Station in the constituency on October 10, 2019. Six days later, the defendant organised a one-hour free calligraphy class on the same spot on October 16, 2019.
During the singing performance and the calligraphy class, a roll-up banner containing the name and portrait of the defendant was set up on the spot. The defendant was in attendance on both occasions while her election helpers distributed some handbills to passers-by.
The court also heard that between October 14 and 23, 2019, the defendant published four posts containing two relevant video footages in relation to the singing performance and the calligraphy class onto her social media page.
ICAC enquiries revealed that the defendant filed the above handbills and social media posts as her election advertisements with the Registration and Electoral Office (REO). After paying $1,200 and $800 respectively to the buskers and the calligraphist as remuneration, the defendant declared the spending as her election expenses in the Election Return.
The ICAC investigation arose from a complaint alleging breaches of the ECICO. The REO had rendered full assistance to the ICAC during its investigation into the case.
The prosecution was today represented by Acting Senior Assistant Director of Public Prosecutions Irene Fan and Senior Public Prosecutor Peggy Leung, assisted by ICAC officer Jessie Fu.
Au Chung-yin, 45, engineer, was found guilty of two charges – one of engaging in corrupt conduct to provide others with entertainment at an election, contrary to Section 12(1)(a) of the Elections (Corrupt and Illegal Conduct) Ordinance (ECICO), and one of engaging in corrupt conduct to bribe electors at an election, contrary to Section 11(1)(a) of the ECICO.
Magistrate Ms Leung Ka-kie adjourned the case to May 13 for sentence, pending the defendant’s background and community service order reports. The defendant was remanded in the custody of the Correctional Services Department.
The court heard that the Election was held on November 24, 2019. The defendant submitted her nomination form to stand as a candidate for the University Constituency of the Central and Western District on the first day of the nomination period, which ran from October 4 to 17, 2019.
Upon the invitation of the defendant, two buskers made a one-hour singing performance near an exit of an MTR Station in the constituency on October 10, 2019. Six days later, the defendant organised a one-hour free calligraphy class on the same spot on October 16, 2019.
During the singing performance and the calligraphy class, a roll-up banner containing the name and portrait of the defendant was set up on the spot. The defendant was in attendance on both occasions while her election helpers distributed some handbills to passers-by.
The court also heard that between October 14 and 23, 2019, the defendant published four posts containing two relevant video footages in relation to the singing performance and the calligraphy class onto her social media page.
ICAC enquiries revealed that the defendant filed the above handbills and social media posts as her election advertisements with the Registration and Electoral Office (REO). After paying $1,200 and $800 respectively to the buskers and the calligraphist as remuneration, the defendant declared the spending as her election expenses in the Election Return.
The ICAC investigation arose from a complaint alleging breaches of the ECICO. The REO had rendered full assistance to the ICAC during its investigation into the case.
The prosecution was today represented by Acting Senior Assistant Director of Public Prosecutions Irene Fan and Senior Public Prosecutor Peggy Leung, assisted by ICAC officer Jessie Fu.