Defeated candidate of DC Election sentenced for false claims of support
2017-7-5
A defeated candidate of the 2015 Yau Tsim Mong District Council (DC) Election (Tsim Sha Tsui Central Constituency), charged by the ICAC, was today (July 5) sentenced at the West Kowloon Magistracy for publishing election advertisements – five banners and 1,000 leaflets, which included false claims of support.
Liu Siu-fai, 35, merchant, was ordered by Magistrate Ms June Cheung Tin-ngan to perform 80 hours of community service.
In passing the sentence, the magistrate said the offences committed by the defendant was serious in nature. She imposed a community service order on the defendant after taking into account various mitigating factors, including his guilty plea and remorse.
The defendant earlier pleaded guilty to six counts of engaging in illegal conduct to publish an election advertisement that includes a false claim of support at an election, contrary to Section 27(1) of the Elections (Corrupt and Illegal Conduct) Ordinance.
The case arose from complaints referred by the Registration and Electoral Office (REO). Subsequent ICAC enquiries revealed the above offences.
The court heard that at the material time, the defendant was a candidate of the 2015 DC Election for the Tsim Sha Tsui Central Constituency in the Yau Tsim Mong District.
The DC Election was held on November 22, 2015, with its nomination period running from October 2 to 15. On October 9, 2015, the defendant submitted his nomination form to the Returning Officer of the Tsim Sha Tsui Central Constituency. He was defeated in the DC Election.
On October 22, 2015, the defendant published five banners printed with the words that the Incorporated Owners (IOs) of five buildings in the constituency “fully support” the defendant to run for the DC Election respectively.
The banners caused electors to believe that the defendant had the support of the IOs of the five buildings.
The IOs of the buildings confirmed that they did not discuss or pass any resolution on giving any consent to the defendant for inclusion of their names in those banners.
The court heard that on November 20, 2015, the defendant published 1,000 leaflets printed with the name of the defendant and the words “full support” from the IOs of five buildings, including four out of the five IOs mentioned in the aforesaid banners, in the constituency.
The leaflets caused electors to believe that the defendant had the support of the IOs of the five buildings.
The IOs of the five buildings concerned confirmed that they did not discuss or pass any resolution on giving any consent to the defendant for inclusion of their names in those leaflets, the court was told.
The REO had rendered full assistance to the ICAC during its investigation.
The prosecution was today represented by ICAC officer Wong Ching-kwong.
Liu Siu-fai, 35, merchant, was ordered by Magistrate Ms June Cheung Tin-ngan to perform 80 hours of community service.
In passing the sentence, the magistrate said the offences committed by the defendant was serious in nature. She imposed a community service order on the defendant after taking into account various mitigating factors, including his guilty plea and remorse.
The defendant earlier pleaded guilty to six counts of engaging in illegal conduct to publish an election advertisement that includes a false claim of support at an election, contrary to Section 27(1) of the Elections (Corrupt and Illegal Conduct) Ordinance.
The case arose from complaints referred by the Registration and Electoral Office (REO). Subsequent ICAC enquiries revealed the above offences.
The court heard that at the material time, the defendant was a candidate of the 2015 DC Election for the Tsim Sha Tsui Central Constituency in the Yau Tsim Mong District.
The DC Election was held on November 22, 2015, with its nomination period running from October 2 to 15. On October 9, 2015, the defendant submitted his nomination form to the Returning Officer of the Tsim Sha Tsui Central Constituency. He was defeated in the DC Election.
On October 22, 2015, the defendant published five banners printed with the words that the Incorporated Owners (IOs) of five buildings in the constituency “fully support” the defendant to run for the DC Election respectively.
The banners caused electors to believe that the defendant had the support of the IOs of the five buildings.
The IOs of the buildings confirmed that they did not discuss or pass any resolution on giving any consent to the defendant for inclusion of their names in those banners.
The court heard that on November 20, 2015, the defendant published 1,000 leaflets printed with the name of the defendant and the words “full support” from the IOs of five buildings, including four out of the five IOs mentioned in the aforesaid banners, in the constituency.
The leaflets caused electors to believe that the defendant had the support of the IOs of the five buildings.
The IOs of the five buildings concerned confirmed that they did not discuss or pass any resolution on giving any consent to the defendant for inclusion of their names in those leaflets, the court was told.
The REO had rendered full assistance to the ICAC during its investigation.
The prosecution was today represented by ICAC officer Wong Ching-kwong.