Man jailed for voting offence at Rural Representative Election
2015-11-26
A registered voter was today (Thursday) sent to jail after admitting an ICAC charge of engaging in corrupt conduct by voting at the 2015 Rural Representative (Resident Representative) Election for Chung Hau (South) held in Mui Wo, Lantau Island.
Lam Kam-yau, 61, retired, was sentenced to 50 days’ imprisonment at the Tsuen Wan Magistracy by Acting Principal Magistrate Mr Cheang Kei-hong.
In passing the sentence, the magistrate said it was a serious offence for a resident of a village to vote at the election if he knew that he was not entitled to do so.
The magistrate said he reduced the starting point of 90 days in jail to 50 days after taking into account the defendant’s guilty plea and the contribution he made to the society during his tenure as a civil servant.
The defendant today pleaded guilty to one count of engaging in corrupt conduct with respect to voting at election, contrary to Section 16(1)(a) of the Elections (Corrupt and Illegal Conduct) Ordinance.
The court heard that at the material time, the defendant was a registered voter of the election.
In March 2006, the defendant moved out from Ngan Wan Estate in Mui Wo, and lived elsewhere. Since November 2013, he had been residing at a unit in Wing Cheong Estate in Shum Shui Po.
As his principal residential address fell outside the demarcation of Chung Hau (South), he ceased to be eligible for voting at the election.
The court heard that on January 4, 2015 – the polling day of the election, the defendant attended the polling station in Mui Wo, and cast his vote at the election.
Prior to receiving a ballot paper from the polling officer, the defendant was given a written notice, which reminded electors that it would be an offence for a registered elector to vote at the election if he/she no longer resided in the village.
On May 27, 2015, the defendant was arrested by ICAC officers. When interviewed under caution, the defendant admitted that he was not eligible for voting at the election as he was not residing in the village, the court was told.
The prosecution was today represented by ICAC officer Samuel Wong.
Lam Kam-yau, 61, retired, was sentenced to 50 days’ imprisonment at the Tsuen Wan Magistracy by Acting Principal Magistrate Mr Cheang Kei-hong.
In passing the sentence, the magistrate said it was a serious offence for a resident of a village to vote at the election if he knew that he was not entitled to do so.
The magistrate said he reduced the starting point of 90 days in jail to 50 days after taking into account the defendant’s guilty plea and the contribution he made to the society during his tenure as a civil servant.
The defendant today pleaded guilty to one count of engaging in corrupt conduct with respect to voting at election, contrary to Section 16(1)(a) of the Elections (Corrupt and Illegal Conduct) Ordinance.
The court heard that at the material time, the defendant was a registered voter of the election.
In March 2006, the defendant moved out from Ngan Wan Estate in Mui Wo, and lived elsewhere. Since November 2013, he had been residing at a unit in Wing Cheong Estate in Shum Shui Po.
As his principal residential address fell outside the demarcation of Chung Hau (South), he ceased to be eligible for voting at the election.
The court heard that on January 4, 2015 – the polling day of the election, the defendant attended the polling station in Mui Wo, and cast his vote at the election.
Prior to receiving a ballot paper from the polling officer, the defendant was given a written notice, which reminded electors that it would be an offence for a registered elector to vote at the election if he/she no longer resided in the village.
On May 27, 2015, the defendant was arrested by ICAC officers. When interviewed under caution, the defendant admitted that he was not eligible for voting at the election as he was not residing in the village, the court was told.
The prosecution was today represented by ICAC officer Samuel Wong.