Trio jailed for bribery at 2015 DC Election
2016-10-26
A waiter and two other persons, charged by the ICAC, were today (October 26) sentenced to jail terms up to four years for conspiracy to accept a bribe of up to $200,000 for getting one of them to stand as a candidate at the 2015 District Council (DC) Election, and offering at least $850,000 as bribes to five other persons for getting candidates to stand at the election.
Cheng Wing-kin, 32, waiter and also a former internet radio host, was sentenced to four years’ imprisonment. Ku Ka-ho, 33, renovation worker, received a jail term of two and a half years, while Chan Kin-loong, 38, merchant, was jailed for two years and four months.
In sentencing, Judge Pang Chung-ping said bribery at an election was a serious offence and undermined public confidence in the electoral system. The court had to send out a clear message to members of the public that any offenders would be severely punished so as to serve as a deterrent.
The judge said the corrupt conduct committed by Cheng, Ku and Chan in this case was very serious in nature, with Cheng trying to influence election results at a number of constituencies by offering up to $200,000 to a candidate.
The judge also ordered Ku to pay $36,000 as restitution to the Hong Kong Government.
Cheng, Ku and Chan were earlier found guilty of one count of conspiracy to engage in corrupt conduct at an election, contrary to Section 7(1)(g) of the Elections (Corrupt and Illegal Conduct) Ordinance (ECICO) and Section 159A of the Crimes Ordinance. Cheng alone was also convicted of six counts of engaging in corrupt conduct at an election, contrary to Section 7(1)(a) or Section 7(1)(c) of the ECICO.
The court heard that the 2015 DC Election was held on November 22, 2015, with its nomination period running from October 2 to 15. On July 12 and 19, 2015, Cheng met with Ku, founder of All People Spontaneous (APS), Chan, member of APS, and another member of APS.
During the meetings, they conspired together for Ku to accept from Cheng a sum of money between $150,000 and $200,000 to get Chan to stand as a candidate at a specified constituency of the election.
When they met again on August 9, Cheng claimed that as the election proposal prepared by APS was not good enough, he eventually only paid $36,000 in cash to Ku.
The court heard that on July 12, 2015, Cheng offered $200,000 to Wong Hok-lai of Sha Tin Community Network for him to stand as a candidate at Lee On Constituency, Tai Shui Hang Constituency or On Tai Constituency in Sha Tin District; and offered an unspecified sum of money to Tsang Ka-lam of Shatin New Alliance of the Pragmatic to get a third person to stand as a candidate at one of the three constituencies.
While the requests were turned down, Cheng contacted Wong Hok-lai again and offered him $200,000 to get a third person to stand as a candidate at Lee On Constituency or another constituency outside Sha Tin District. Wong Hok-lai did not accede to Cheng’s suggestion.
The court heard that at a meeting with Wong Chun-yeung of Tung Chung Future on August 10, 2015, Cheng showed him a paper penned with about 20 constituencies, including Lai Kok Constituency in Sham Shui Po District, Lei Tung I and Lei Tung II Constituencies in Southern District, and Hung Hom Constituency in Kowloon City District.
Cheng offered $150,000 to Wong Chun-yeung for him to stand as a candidate in one of the about 20 constituencies. Wong Chun-yeung, however, did not accede to Cheng’s proposal.
The court heard that on August 17, 2015, Cheng met with a representative of Youngspiration. During the meeting, Cheng proposed to offer $150,000 to the representative of Youngspiration for him to get a third person to stand as a candidate at a specified constituency to be chosen from a pool of about 30 to 40 constituencies. The offer was declined.
On July 29, 2015, Cheng told Lee Man-ho of Cheung Sha Wan Community Establishment Power that a consortium was willing to offer $150,000 for Lee to stand as a candidate in one of the about 20 constituencies listed. Lee declined the offer, the court was told.
The prosecution was today represented by Senior Assistant Director of Public Prosecutions Jonathan Man and Senior Public Prosecutor Samantha Chiu, and assisted by ICAC officer Vani Wan.
Cheng Wing-kin, 32, waiter and also a former internet radio host, was sentenced to four years’ imprisonment. Ku Ka-ho, 33, renovation worker, received a jail term of two and a half years, while Chan Kin-loong, 38, merchant, was jailed for two years and four months.
In sentencing, Judge Pang Chung-ping said bribery at an election was a serious offence and undermined public confidence in the electoral system. The court had to send out a clear message to members of the public that any offenders would be severely punished so as to serve as a deterrent.
The judge said the corrupt conduct committed by Cheng, Ku and Chan in this case was very serious in nature, with Cheng trying to influence election results at a number of constituencies by offering up to $200,000 to a candidate.
The judge also ordered Ku to pay $36,000 as restitution to the Hong Kong Government.
Cheng, Ku and Chan were earlier found guilty of one count of conspiracy to engage in corrupt conduct at an election, contrary to Section 7(1)(g) of the Elections (Corrupt and Illegal Conduct) Ordinance (ECICO) and Section 159A of the Crimes Ordinance. Cheng alone was also convicted of six counts of engaging in corrupt conduct at an election, contrary to Section 7(1)(a) or Section 7(1)(c) of the ECICO.
The court heard that the 2015 DC Election was held on November 22, 2015, with its nomination period running from October 2 to 15. On July 12 and 19, 2015, Cheng met with Ku, founder of All People Spontaneous (APS), Chan, member of APS, and another member of APS.
During the meetings, they conspired together for Ku to accept from Cheng a sum of money between $150,000 and $200,000 to get Chan to stand as a candidate at a specified constituency of the election.
When they met again on August 9, Cheng claimed that as the election proposal prepared by APS was not good enough, he eventually only paid $36,000 in cash to Ku.
The court heard that on July 12, 2015, Cheng offered $200,000 to Wong Hok-lai of Sha Tin Community Network for him to stand as a candidate at Lee On Constituency, Tai Shui Hang Constituency or On Tai Constituency in Sha Tin District; and offered an unspecified sum of money to Tsang Ka-lam of Shatin New Alliance of the Pragmatic to get a third person to stand as a candidate at one of the three constituencies.
While the requests were turned down, Cheng contacted Wong Hok-lai again and offered him $200,000 to get a third person to stand as a candidate at Lee On Constituency or another constituency outside Sha Tin District. Wong Hok-lai did not accede to Cheng’s suggestion.
The court heard that at a meeting with Wong Chun-yeung of Tung Chung Future on August 10, 2015, Cheng showed him a paper penned with about 20 constituencies, including Lai Kok Constituency in Sham Shui Po District, Lei Tung I and Lei Tung II Constituencies in Southern District, and Hung Hom Constituency in Kowloon City District.
Cheng offered $150,000 to Wong Chun-yeung for him to stand as a candidate in one of the about 20 constituencies. Wong Chun-yeung, however, did not accede to Cheng’s proposal.
The court heard that on August 17, 2015, Cheng met with a representative of Youngspiration. During the meeting, Cheng proposed to offer $150,000 to the representative of Youngspiration for him to get a third person to stand as a candidate at a specified constituency to be chosen from a pool of about 30 to 40 constituencies. The offer was declined.
On July 29, 2015, Cheng told Lee Man-ho of Cheung Sha Wan Community Establishment Power that a consortium was willing to offer $150,000 for Lee to stand as a candidate in one of the about 20 constituencies listed. Lee declined the offer, the court was told.
The prosecution was today represented by Senior Assistant Director of Public Prosecutions Jonathan Man and Senior Public Prosecutor Samantha Chiu, and assisted by ICAC officer Vani Wan.