Six in 2016 LegCo Election bribery and vote-rigging case have sentences increased up to 23 months’ jail after review

2022-5-20

Six persons charged by the ICAC with bribery and vote-rigging at the 2016 Legislative Council General Election (the Election) were today (May 20) ordered by the Court of Appeal (CA) to serve up to 23 months in jail after a review of their sentences. They were among the 11 defendants jailed for up to 12 months for taking part in the above scam for arranging over 100 persons to register as members of a professional organisation with false qualifications and to become electors of the Information Technology Functional Constituency (ITFC) of the Election to facilitate them to vote for a particular candidate. Of the six persons, four of them were associated with a taxi association.

The six defendants were Li Wai-man, 55, then corporate affairs director of Taxi Drivers & Operators Association (TDOA); Yeung Yiu-hung, 36, then vice secretary of TDOA; Poon Sau-fong, 53, then clerk of TDOA; Lui Ah-fook, 48, then executive committee member of TDOA; and Lui Wai-fong, 42, and Lui King-yin, 25, respectively younger sister and son of Lui Ah-fook.

On October 22, 2021, they received jail sentences ranging from three to 12 months after pleading guilty to multiple charges – conspiracy to defraud, conspiracy to engage in corrupt conduct at an election by offering an advantage to others and engaging in corrupt conduct at an election by accepting an advantage.

The Department of Justice (DoJ) subsequently sought a review of their sentences. The application was today heard by Mr Justice Derek Pang Wai-cheong, Madam Justice Maggie Poon Man-kay and Madam Justice Anthea Pang Po-kam, all Justices of Appeal of the CA. In allowing the DoJ’s application, the CA increased the sentences of the six defendants to jail terms ranging from 10 months to 23 months.

Li and Yeung Yiu-hung had their jail terms respectively increased to 23 months and 20 months. Poon and Lui Ah-fook were respectively ordered to serve 15 months and 11 months in jail. The sentences of Lui Wai-fong and Lui King-yin were also increased to 10 months.

The court heard that the Election was held on September 4, 2016 and two candidates competed in the ITFC. At the material time, Li conspired together with Yeung Yiu-hung and Poon to defraud the Registration and Electoral Office (REO) by applying for full membership in the Institute of Electrical and Electronics Engineers, Inc., Hong Kong Section (IEEE) for TDOA members with false information about their professional qualification and education, making applications to the REO for registration in the ITFC by those persons and inducing the latter to approve applications, so that they would be entitled to vote in the ITFC.

With Li’s knowledge, Lui Ah-fook invited his three younger sisters to join an “IT Club” for $1,000 each, under a condition that the trio were required to register as voters and vote as instructed in the ITFC of above election (the scheme). Lui Wai-fong also extended the invitation to a co-defendant, who was her relative, while Lui King-yin mentioned the scheme with four co-defendants associated with him. Lui Ah-fook then forwarded the personal particulars of 36 persons to Li in the same month.

As a result, about 127 persons, including Li, Yeung Yiu-hung, Poon, and the aforesaid 36 persons associated with the Luis, were registered as full members of the IEEE. Relevant membership fees were paid by Yeung Yiu-hung with his credit cards, which were subsequently settled by Li, mostly through cash deposits at automatic teller machines.

Afterwards the REO received the voter registration forms of 124 persons. ICAC investigation discovered that they all carried the same typo. A total of 118 of them were included in the 2016 Final Register of Electors of the ITFC.

Lui Wai-fong, Lui King-yin and Lui Wai-fong’s relative subsequently each collected $1,000 from Lui Ah-fook, while Lui King-yin paid each of his four associates $700 to $850.

In addition, Li urged Yeung Yiu-hung, Lui Ah-fook and Lui Wai-fong to vote for Yeung Chuen-sing who competed in the ITFC at the election. Lui Wai-fong and Lui King-yin also made the same appeal to their associates on the polling day. Yeung Chuen-sing’s rival was elected at the end.

The REO 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 David Chan and Acting Senior Public Prosecutor Dimitri Au Yeung, assisted by ICAC officer Oscar Lau.

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