Six months’ jail for 2020 LegCo Election candidate charged by ICAC for false election return and attempted fraud over election expenses
2024-4-2
A candidate of the 2020 Legislative Council General Election (LegCo Election) for the New Territories East Geographical Constituency, charged by the ICAC, was today (April 2) sentenced to six months’ imprisonment at the Eastern Magistrates’ Courts for lodging a false election return to the Registration and Electoral Office (REO) and attempted to defraud the REO of election expenses on facial treatment and hotel room fee totalling $38,700.
Lam Hak-lam, 47, was earlier found guilty of four charges – two of engaging in corrupt conduct at an election by making a statement in the election return which he knows or ought to know is materially false or misleading, contrary to section 20 of the Elections (Corrupt and Illegal Conduct) Ordinance (ECICO); and two of attempted fraud, contrary to section 16A of the Theft Ordinance and section 159G of the Crimes Ordinance.
In sentencing, Magistrate Ms Stephanie Tsui May-har reprimanded the defendant for showing no remorse at all and lacking self-reflection on his wrongdoings. The magistrate said the offences in the present case were serious in nature, adding that there was no factor for considering sentence reduction.
The court heard that on July 18, 2020, the defendant submitted to the REO a nomination form to stand as a candidate for the New Territories East Geographical Constituency at 2020 LegCo Election which was originally scheduled to be held on September 6, 2020. Due to the pandemic situation, the Government announced on July 31, 2020 that the 2020 LegCo Election would be postponed for one year.
In accordance with the Emergency (Date of General Election) (Seventh Term of the Legislative Council) Regulation (the Regulation) and the Elections (Corrupt and Illegal Conduct) Ordinance, candidates were required to submit their election returns to the REO on or before September 29, 2020. An election return should set out all election expenses and election donations incurred by a candidate for an election.
The Regulation provided that an eligible person was entitled to receive a payment from the Government equivalent to the declared election expenses. After the Government announced the discontinuation of the 2020 LegCo Election, the defendant was entitled to apply for the Government payment.
On September 29, 2020, he submitted to the REO an election return together with supporting documents and a claim form to apply for the Government payment. He declared on the form that he had incurred election expenses including $31,200 for purchasing facial treatment courses and $7,500 for renting a hotel room as office, totalling $38,700, and attempted to induce the REO to make payment to settle his claim.
Section 20 of the ECICO states that a candidate who makes a statement that the candidate knows is materially false or misleading in an election return engages in corrupt conduct.
The ICAC investigation arose from a referral by the REO. Enquiries revealed that the defendant purchased two facial treatment courses from a beauty parlour at $31,200 in April 2019, which was more than a year before he submitted his nomination form to run at the 2020 LegCo Election. He later found the treatment unsatisfactory and received a refund of over $8,700 from the beauty parlour in October 2019. But he did not report the refund in his election return.
ICAC enquiries also revealed that in mid-August 2020, the defendant made a request to extend his stay at a hotel room for one month starting from September 10, 2020. The extension request was made more than two weeks after the Government announced to postpone the election. He claimed the rental in his election return.
The REO had rendered full assistance to the ICAC during its investigation into the case.
The prosecution was today represented by Senior Public Prosecutor Rosa Lo, assisted by ICAC officer Michelle Leung.
Lam Hak-lam, 47, was earlier found guilty of four charges – two of engaging in corrupt conduct at an election by making a statement in the election return which he knows or ought to know is materially false or misleading, contrary to section 20 of the Elections (Corrupt and Illegal Conduct) Ordinance (ECICO); and two of attempted fraud, contrary to section 16A of the Theft Ordinance and section 159G of the Crimes Ordinance.
In sentencing, Magistrate Ms Stephanie Tsui May-har reprimanded the defendant for showing no remorse at all and lacking self-reflection on his wrongdoings. The magistrate said the offences in the present case were serious in nature, adding that there was no factor for considering sentence reduction.
The court heard that on July 18, 2020, the defendant submitted to the REO a nomination form to stand as a candidate for the New Territories East Geographical Constituency at 2020 LegCo Election which was originally scheduled to be held on September 6, 2020. Due to the pandemic situation, the Government announced on July 31, 2020 that the 2020 LegCo Election would be postponed for one year.
In accordance with the Emergency (Date of General Election) (Seventh Term of the Legislative Council) Regulation (the Regulation) and the Elections (Corrupt and Illegal Conduct) Ordinance, candidates were required to submit their election returns to the REO on or before September 29, 2020. An election return should set out all election expenses and election donations incurred by a candidate for an election.
The Regulation provided that an eligible person was entitled to receive a payment from the Government equivalent to the declared election expenses. After the Government announced the discontinuation of the 2020 LegCo Election, the defendant was entitled to apply for the Government payment.
On September 29, 2020, he submitted to the REO an election return together with supporting documents and a claim form to apply for the Government payment. He declared on the form that he had incurred election expenses including $31,200 for purchasing facial treatment courses and $7,500 for renting a hotel room as office, totalling $38,700, and attempted to induce the REO to make payment to settle his claim.
Section 20 of the ECICO states that a candidate who makes a statement that the candidate knows is materially false or misleading in an election return engages in corrupt conduct.
The ICAC investigation arose from a referral by the REO. Enquiries revealed that the defendant purchased two facial treatment courses from a beauty parlour at $31,200 in April 2019, which was more than a year before he submitted his nomination form to run at the 2020 LegCo Election. He later found the treatment unsatisfactory and received a refund of over $8,700 from the beauty parlour in October 2019. But he did not report the refund in his election return.
ICAC enquiries also revealed that in mid-August 2020, the defendant made a request to extend his stay at a hotel room for one month starting from September 10, 2020. The extension request was made more than two weeks after the Government announced to postpone the election. He claimed the rental in his election return.
The REO had rendered full assistance to the ICAC during its investigation into the case.
The prosecution was today represented by Senior Public Prosecutor Rosa Lo, assisted by ICAC officer Michelle Leung.