Defeated candidate of DC Election sentenced for failing to lodge election return and surrender to custody
2018-8-31
A defeated candidate of the 2015 Kowloon City District Council (DC) Election (To Kwa Wan North Constituency), charged by the ICAC, was today (August 31) sentenced at the Shatin Magistracy after admitting that he had failed to lodge an election return and failed to surrender to custody.
Shum Tai-fung, 26, today pleaded guilty to two charges – one of failing to lodge an election return as required under Section 37 of the Elections (Corrupt and Illegal Conduct) Ordinance (ECICO), contrary to Section 38 of the ECICO, and one of failing to surrender to custody as shall have been appointed, contrary to Section 9L(2) of the Criminal Procedure Ordinance.
Acting Principal Magistrate Ms Wong Sze-lai imposed a fine of $6,000 on the defendant for breaching the ECICO, and sentenced him to two months’ imprisonment for committing the offence of failing to surrender to custody.
The court heard that at the material time, the defendant was a candidate of the 2015 DC Election for the To Kwa Wan North Constituency in Kowloon City District.
The DC Election was held on November 22, 2015, and the result was published in the Gazette on November 30, 2015. The defendant was defeated in the election.
The defendant was required to lodge his election return within 30 days after the publication of the election result in the Gazette, but he failed to do so. The Registration and Electoral Office (REO) referred the case to the ICAC in January 2016.
After investigation, the ICAC sought legal advice from the Department of Justice. Pursuant to the legal advice, the ICAC charged the defendant with one count of failing to lodge an election return as required under Section 37 of the ECICO on June 14, 2017.
The defendant appeared at the Kwun Tung Magistracy on the next day and applied for adjourning the case to seek legal advice. He was granted bail.
The court heard that on five occasions between July 14 and October 19, 2017, the case was brought up for mention, but the defendant applied for adjourning the case to seek legal advice and applied to the Court of First Instance for a relief order pursuant to Section 40 of the ECICO. The bail was extended on the same terms.
On January 23, 2018, the defendant pleaded not guilty to the charge of failing to lodge an election return when he appeared in the Shatin Magistracy. The case was adjourned to March 8, 2018 for a pre-trial review. On that day, the defendant did not attend the court, and a warrant for arrest of him was issued.
The court heard that on August 9, 2018, the defendant was arrested by the Police for a suspected criminal offence. He was then taken to the Shatin Magistracy. Since then, he was remanded in the custody of the Correctional Services Department until today for mention.
The defendant was yesterday charged additionally with one count of failing to surrender to custody.
The REO had rendered full assistance to the ICAC during its investigation.
The prosecution was today represented by ICAC officer Franki Law.
Shum Tai-fung, 26, today pleaded guilty to two charges – one of failing to lodge an election return as required under Section 37 of the Elections (Corrupt and Illegal Conduct) Ordinance (ECICO), contrary to Section 38 of the ECICO, and one of failing to surrender to custody as shall have been appointed, contrary to Section 9L(2) of the Criminal Procedure Ordinance.
Acting Principal Magistrate Ms Wong Sze-lai imposed a fine of $6,000 on the defendant for breaching the ECICO, and sentenced him to two months’ imprisonment for committing the offence of failing to surrender to custody.
The court heard that at the material time, the defendant was a candidate of the 2015 DC Election for the To Kwa Wan North Constituency in Kowloon City District.
The DC Election was held on November 22, 2015, and the result was published in the Gazette on November 30, 2015. The defendant was defeated in the election.
The defendant was required to lodge his election return within 30 days after the publication of the election result in the Gazette, but he failed to do so. The Registration and Electoral Office (REO) referred the case to the ICAC in January 2016.
After investigation, the ICAC sought legal advice from the Department of Justice. Pursuant to the legal advice, the ICAC charged the defendant with one count of failing to lodge an election return as required under Section 37 of the ECICO on June 14, 2017.
The defendant appeared at the Kwun Tung Magistracy on the next day and applied for adjourning the case to seek legal advice. He was granted bail.
The court heard that on five occasions between July 14 and October 19, 2017, the case was brought up for mention, but the defendant applied for adjourning the case to seek legal advice and applied to the Court of First Instance for a relief order pursuant to Section 40 of the ECICO. The bail was extended on the same terms.
On January 23, 2018, the defendant pleaded not guilty to the charge of failing to lodge an election return when he appeared in the Shatin Magistracy. The case was adjourned to March 8, 2018 for a pre-trial review. On that day, the defendant did not attend the court, and a warrant for arrest of him was issued.
The court heard that on August 9, 2018, the defendant was arrested by the Police for a suspected criminal offence. He was then taken to the Shatin Magistracy. Since then, he was remanded in the custody of the Correctional Services Department until today for mention.
The defendant was yesterday charged additionally with one count of failing to surrender to custody.
The REO had rendered full assistance to the ICAC during its investigation.
The prosecution was today represented by ICAC officer Franki Law.