Family charged by ICAC sentenced up to two months in jail for voting offence at 2023 Rural Ordinary Election

2025-4-3

Three members of a family, charged by the ICAC for vote-rigging at the 2023 Rural Ordinary Election – Resident Representative Election for Ha Pak Nai Tsuen in Yuen Long, were today (April 3) sentenced at the Tuen Mun Magistrates’ Courts to up to two months’ imprisonment after admitting that they had voted at the election, knowing that they were not entitled to do so.

Ng Tung, 71, received a jail term of two months; his wife, Wong Yuet-ho, 64, and his son, Ng Ka-hung, 35, were each sentenced to two months’ imprisonment, suspended for 18 months. The trio each pleaded guilty to one count of voting at the election knowing that they are not entitled to do so, contrary to section 16(1)(a) of the Elections (Corrupt and Illegal Conduct) Ordinance (ECICO). A similar charge against Ng Yee-ki, daughter of Ng Tung, was withdrawn.

Ng Tung and Ng Ka-hung also each pleaded guilty to one count of making false statement to an electoral registration officer, contrary to section 32(1)(c) of Electoral Affairs Commission (Registration of Electors) (Rural Representative Election) Regulation.

Magistrate Mr Raymond Wong Kwok-fai took a starting point of three months’ imprisonment. Having considered the defendants’ mitigation that the family committed the voting offence out of Ng Tun’s duress, suspended sentences were imposed on his wife and son.

The ICAC reminds members of the public that anyone who votes at an election knowing that they are not entitled to do so constitutes a corrupt conduct. The ICAC will take resolute enforcement actions in accordance with the ECICO to safeguard a fair and clean election.

The ICAC investigation arose from a complaint alleging vote-rigging at the 2023 Resident Representative Election for Ha Pak Nai Tsuen in breach of the ECICO.

The 2023 Resident Representative Election for Ha Pak Nai Tsuen was held on January 8, 2023. Pursuant to the Rural Representative Election Ordinance, an eligible elector must be a resident of a village for the three years immediately before the date of application for registration as an elector (the requirement). A registered elector would be disqualified from voting if one had ceased to meet the “three-year requirement”.

The court heard that between November and December 2021, the Home Affairs Department received application forms from Ng Tung, Wong Yuet-ho and Ng Ka-hung for registration as electors of the Resident Representative Election for Ha Pak Nai Tsuen. In their applications, the trio declared that a residence at Ha Pak Nai Tsuen was their principal residential address, and they had been a resident of the village for more than three years before the application. At the 2023 Resident Representative Election for Ha Pak Nai Tsuen, the trio voted at the election, knowing that they were not entitled to do so.

Ng Tung and Ng Ka-hung each also made a false statement to an electoral registration officer inquiring into the duo’s information registered in a provisional register that they lived in Ha Pak Nai Tsuen.

The ICAC investigation revealed that Ng Tung, Wong Yuet-ho and Ng Ka-hung had been residing in a flat of a private estate in Tai Po since 2007. Thus, the trio were not eligible to vote at the 2023 Resident Representative Election for Ha Pak Nai Tsuen as they did not meet the requirement.

The Home Affairs Department rendered full assistance to the ICAC during its investigation into the case.

The prosecution was today represented by ICAC officer Wong Ching-kwong.

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