Hawker gets two months for vote-rigging at 2011 DC Election after re-trial
2017-2-8
A hawker, charged by the ICAC, was sentenced to two months’ imprisonment at the Kowloon City Magistracy today (February 8) for vote-rigging at the 2011 Yau Tsim Mong District Council (DC) Election (King’s Park Constituency) after a re-trial.
Lau Ching-yee, 42, today pleaded guilty to one count of engaging in corrupt conduct with respect to voting at election, contrary to Section 16(1)(b)(i) of the Elections (Corrupt and Illegal Conduct) Ordinance (ECICO).
In sentencing, Principal Magistrate Mr Peter Law Tak-chuen said the offence of vote-rigging was serious in nature. However, he reduced the starting point of three months in jail by one-third to two months after taking into account the defendant’s guilty plea.
The defendant was acquitted of the offence of voting-rigging in December 2012 after a trial. The Department of Justice lodged an appeal against the acquittal with the Court of First Instance (CFI).
In February 2014, the CFI allowed the appeal and ordered the case be remitted to the trial magistrate for resumption of trial.
After the trial resumed in August 2014, the defendant was found guilty of the offence and sentenced to six weeks’ imprisonment.
The defendant then lodged an appeal with the CFI. In September 2015, the CFI quashed her conviction and ordered a re-trial.
The court heard that on July 16, 2011, an application for registration as an elector in the name of the defendant was submitted to the Registration and Electoral Office (REO).
In the application, it was stated that a flat in Yin Chong Street, Mong Kok, which was within King’s Park Constituency at the 2011 Yau Tsim Mong DC Election, was the defendant’s only or principal residential address.
Examination of the marked copies of the register revealed that as the defendant obtained a ballot paper, it was presumed under the ECICO that she had voted at the election, the court heard.
An occupant of the flat confirmed that at all material times, he and his aunt were occupying the flat, and that he did not know the defendant. In fact, the defendant had never resided in the flat.
ICAC enquiries further revealed that the defendant lived in a public housing unit outside the constituency, the court was told.
REO had rendered full assistance to the ICAC during the investigation.
The prosecution was today represented by prosecuting counsel Susanna Ku, assisted by ICAC officer Wong Ching-kwong.
Lau Ching-yee, 42, today pleaded guilty to one count of engaging in corrupt conduct with respect to voting at election, contrary to Section 16(1)(b)(i) of the Elections (Corrupt and Illegal Conduct) Ordinance (ECICO).
In sentencing, Principal Magistrate Mr Peter Law Tak-chuen said the offence of vote-rigging was serious in nature. However, he reduced the starting point of three months in jail by one-third to two months after taking into account the defendant’s guilty plea.
The defendant was acquitted of the offence of voting-rigging in December 2012 after a trial. The Department of Justice lodged an appeal against the acquittal with the Court of First Instance (CFI).
In February 2014, the CFI allowed the appeal and ordered the case be remitted to the trial magistrate for resumption of trial.
After the trial resumed in August 2014, the defendant was found guilty of the offence and sentenced to six weeks’ imprisonment.
The defendant then lodged an appeal with the CFI. In September 2015, the CFI quashed her conviction and ordered a re-trial.
The court heard that on July 16, 2011, an application for registration as an elector in the name of the defendant was submitted to the Registration and Electoral Office (REO).
In the application, it was stated that a flat in Yin Chong Street, Mong Kok, which was within King’s Park Constituency at the 2011 Yau Tsim Mong DC Election, was the defendant’s only or principal residential address.
Examination of the marked copies of the register revealed that as the defendant obtained a ballot paper, it was presumed under the ECICO that she had voted at the election, the court heard.
An occupant of the flat confirmed that at all material times, he and his aunt were occupying the flat, and that he did not know the defendant. In fact, the defendant had never resided in the flat.
ICAC enquiries further revealed that the defendant lived in a public housing unit outside the constituency, the court was told.
REO had rendered full assistance to the ICAC during the investigation.
The prosecution was today represented by prosecuting counsel Susanna Ku, assisted by ICAC officer Wong Ching-kwong.