Candidate of Legco By-election fined for failing to lodge election return
2019-5-27
A candidate of the 2018 Legislative Council (Legco) By-election, charged by the ICAC, was today (May 27) fined $5,000 at the Eastern Magistracy after being convicted of failing to lodge an election return as required by the Elections (Corrupt and Illegal Conduct) Ordinance (ECICO).
Johnny Ma Kam-chuen, 65, was found guilty of a charge of failing to lodge an election return as required under Section 37 of the ECICO, contrary to Section 38 of the ECICO.
In sentencing, Magistrate Pang Leung-ting remarked that the defendant had stood nominated as a candidate at various elections and might stand as a candidate at future elections. A sentence with a deterrent effect was necessary.
The magistrate also ordered the defendant to pay $5,000 in court costs.
The case arose from a referral by the Registration and Electoral Office (REO). Subsequent ICAC enquiries revealed the above offence.
The court heard that at the material time, the defendant was a candidate of the 2018 Legco By-election for the Hong Kong Island Geographical Constituency (HKIGC). On January 29, 2018, the defendant submitted his nomination form to the Returning Officer of HKIGC, but his nomination was subsequently ruled invalid.
The Legco By-election was held on March 11, 2018, and its result was gazetted on March 16, 2018. The statutory deadline for submission of the election return to the REO was May 15, 2018.
The court heard that on March 13, 2018, the REO sent a letter by registered post to the defendant, reminding him of lodging the election return by May 15, 2018.
On May 8, 2018, an Electoral Assistant of the REO called the defendant reminding him of the deadline. He replied that he had no intention of submitting the election return before the deadline, and was aware of the consequence.
The defendant later visited the office of the REO to confirm with the Electoral Assistant that he had received the reminder letter and her call. After obtaining a blank election return form, he said he would look at it, but was not sure if he would submit it.
On May 24, 2018, the Returning Officer received a fax from the defendant, who stated that he had decided to start civil disobedience by refusing to file the election return. He did not mind going to jail.
The court heard that when interviewed under caution on July 16, 2018, the defendant admitted that he knew that he had to file the election return, but he did not comply with the requirement. He added that he had incurred election expenses of around $1,000 at the by-election.
On September 7, 2018, the defendant was re-interviewed under caution. He stated that he would not file the election return because he had lost all the invoices and receipts.
The REO had rendered full assistance to the ICAC during its investigation into the case.
The prosecution was today represented by prosecuting counsel Diana Cheung, assisted by ICAC officer Leung Po-shan.
Johnny Ma Kam-chuen, 65, was found guilty of a charge of failing to lodge an election return as required under Section 37 of the ECICO, contrary to Section 38 of the ECICO.
In sentencing, Magistrate Pang Leung-ting remarked that the defendant had stood nominated as a candidate at various elections and might stand as a candidate at future elections. A sentence with a deterrent effect was necessary.
The magistrate also ordered the defendant to pay $5,000 in court costs.
The case arose from a referral by the Registration and Electoral Office (REO). Subsequent ICAC enquiries revealed the above offence.
The court heard that at the material time, the defendant was a candidate of the 2018 Legco By-election for the Hong Kong Island Geographical Constituency (HKIGC). On January 29, 2018, the defendant submitted his nomination form to the Returning Officer of HKIGC, but his nomination was subsequently ruled invalid.
The Legco By-election was held on March 11, 2018, and its result was gazetted on March 16, 2018. The statutory deadline for submission of the election return to the REO was May 15, 2018.
The court heard that on March 13, 2018, the REO sent a letter by registered post to the defendant, reminding him of lodging the election return by May 15, 2018.
On May 8, 2018, an Electoral Assistant of the REO called the defendant reminding him of the deadline. He replied that he had no intention of submitting the election return before the deadline, and was aware of the consequence.
The defendant later visited the office of the REO to confirm with the Electoral Assistant that he had received the reminder letter and her call. After obtaining a blank election return form, he said he would look at it, but was not sure if he would submit it.
On May 24, 2018, the Returning Officer received a fax from the defendant, who stated that he had decided to start civil disobedience by refusing to file the election return. He did not mind going to jail.
The court heard that when interviewed under caution on July 16, 2018, the defendant admitted that he knew that he had to file the election return, but he did not comply with the requirement. He added that he had incurred election expenses of around $1,000 at the by-election.
On September 7, 2018, the defendant was re-interviewed under caution. He stated that he would not file the election return because he had lost all the invoices and receipts.
The REO had rendered full assistance to the ICAC during its investigation into the case.
The prosecution was today represented by prosecuting counsel Diana Cheung, assisted by ICAC officer Leung Po-shan.