Woman jailed for voting offence at 2011 DC Election
2016-1-4
A registered voter, who was charged by the ICAC, was today (Monday) sentenced to six weeks’ imprisonment at the Kowloon City Magistracy for committing a voting offence at the 2011 District Council (DC) Election.
Choi Kai-kwan, 73, a housewife, earlier pleaded guilty to one count of engaging in corrupt conduct with respect to voting at an election, contrary to Section 16(1)(a) of the Elections (Corrupt and Illegal Conduct) Ordinance (ECICO).
In passing the sentence, Principal Magistrate Mr Peter Law Tak-chuen said the voting offence committed by the defendant was serious in nature as it had undermined fairness in the election.
The principal magistrate said he reduced the starting point of 12 weeks in jail to six weeks after taking into account the defendant’s guilty plea and other mitigating factors.
The court heard that the defendant’s younger brother Choi Luk-sing stood as a candidate of the Wong Tai Sin Lung Sing Constituency at both the 2007 and 2011 DC Elections. Choi won in 2007, but lost in 2011.
An application dated August 28, 2007 and apparently signed by the defendant was filed with the Registration and Electoral Office. It stated that the principal residence of the defendant was a flat at Lung Poon Court in Diamond Hill.
As the flat was within the demarcation of the Lung Sing Constituency, the defendant was registered as an elector of the constituency for both the 2007 and 2011 DC Elections.
The court heard that the flat was co-owned by Choi with his brother, while its utility services had been subscribed under the name of a person since October 2005. Besides, the defendant co-owned a flat at Manning Theatre Building in Yuk Wah Crescent, Tsz Wan Shan with another person.
Upon receipt of a complaint alleging a breach of the ECICO by the ICAC in late 2014, the defendant was invited to attend an interview on March 10, 2015.
Under caution, the defendant said she had been living in the flat at Manning Theatre Building for 18 years and had all along been an elector of the Tsz Wan Shan Constituency. She had never visited or resided at the flat in Lung Poon Court nor did she know the occupant resided thereat.
The defendant also said one day Choi asked her to vote for him as he would run for the election in the Lung Sing Constituency, and told her that if she gave him her identity card number, she would be able to vote for him. She acceded to his request, and gave him her identity card number.
On November 6, 2011, the defendant followed Choi’s instruction and voted for him in the Lung Sing Constituency at a polling station situated at Lung Poon Court Commercial Centre in Diamond Hill, the court was told.
The prosecution was today represented by prosecuting counsel Francis Lo, assisted by ICAC officer Samuel Wong.
Choi Kai-kwan, 73, a housewife, earlier pleaded guilty to one count of engaging in corrupt conduct with respect to voting at an election, contrary to Section 16(1)(a) of the Elections (Corrupt and Illegal Conduct) Ordinance (ECICO).
In passing the sentence, Principal Magistrate Mr Peter Law Tak-chuen said the voting offence committed by the defendant was serious in nature as it had undermined fairness in the election.
The principal magistrate said he reduced the starting point of 12 weeks in jail to six weeks after taking into account the defendant’s guilty plea and other mitigating factors.
The court heard that the defendant’s younger brother Choi Luk-sing stood as a candidate of the Wong Tai Sin Lung Sing Constituency at both the 2007 and 2011 DC Elections. Choi won in 2007, but lost in 2011.
An application dated August 28, 2007 and apparently signed by the defendant was filed with the Registration and Electoral Office. It stated that the principal residence of the defendant was a flat at Lung Poon Court in Diamond Hill.
As the flat was within the demarcation of the Lung Sing Constituency, the defendant was registered as an elector of the constituency for both the 2007 and 2011 DC Elections.
The court heard that the flat was co-owned by Choi with his brother, while its utility services had been subscribed under the name of a person since October 2005. Besides, the defendant co-owned a flat at Manning Theatre Building in Yuk Wah Crescent, Tsz Wan Shan with another person.
Upon receipt of a complaint alleging a breach of the ECICO by the ICAC in late 2014, the defendant was invited to attend an interview on March 10, 2015.
Under caution, the defendant said she had been living in the flat at Manning Theatre Building for 18 years and had all along been an elector of the Tsz Wan Shan Constituency. She had never visited or resided at the flat in Lung Poon Court nor did she know the occupant resided thereat.
The defendant also said one day Choi asked her to vote for him as he would run for the election in the Lung Sing Constituency, and told her that if she gave him her identity card number, she would be able to vote for him. She acceded to his request, and gave him her identity card number.
On November 6, 2011, the defendant followed Choi’s instruction and voted for him in the Lung Sing Constituency at a polling station situated at Lung Poon Court Commercial Centre in Diamond Hill, the court was told.
The prosecution was today represented by prosecuting counsel Francis Lo, assisted by ICAC officer Samuel Wong.