Rural Representative Election candidate admits role in false nomination scam

2019-6-18

A candidate of the 2019 Rural Representative Election (Resident Representative), charged by the ICAC, admitted at the Kwun Tong Magistracy today (June 18) that he had falsely declared his principal residential address and that of three subscribers in a nomination form which also contained forged signatures of two of the subscribers.

Lau Kwok-wah, 62, pleaded guilty to two charges – one of making a false statement in an election related document, contrary to Section 90(1)(a) of the Electoral Procedure (Rural Representative Election) Regulation; and one of using a false instrument, contrary to Section 73 of the Crimes Ordinance.

Principal Magistrate Ms Bina Chainrai adjourned the case until July 2 for sentence, pending background and community service order reports. The defendant was remanded in the custody of the Correctional Services Department.

The case arose from a corruption complaint. Subsequent ICAC enquiries revealed the above offences.

The court heard that between 2003 and 2019, the defendant was the Resident Representative of Tai Street (West), a village in Sai Kung.

According to the Rural Representative Election Ordinance, a person who is eligible to be nominated as a candidate of a village must be a resident of that village and has been a resident of that village for six years immediately preceding the nomination. Any person who seeks nomination as a candidate of a village must be subscribed by at least five other persons who are electors of that village.

The Rural Representative Election (Resident Representative) of Tai Street (West) under the Sai Kung Rural Committee was held on January 13, 2019, with its nomination period running from November 9 to 22, 2018.

On November 16, 2018, the defendant submitted his nomination form for the election to the office of the Home Affairs Department (HAD), but he withdrew his nomination on November 22, 2018.

In his nomination form, the defendant named his wife, niece, sister-in-law and two residents of the village as subscribers with their signatures appended. He stated that a grocery store in the village, which was previously operated by his father, was the principal residential address of himself, his wife, niece and sister-in-law.

ICAC enquiries revealed that since 2017 or 2018, the defendant lived with his wife in a place in Sai Kung which was not within the village. His sister-in-law had never resided at the grocery store while his niece did not live there at the material time.

The court also heard that the defendant forged the signature of his sister-in-law in the nomination form submitted to the HAD while his niece did not know she was included as a subscriber.

The HAD had rendered full assistance to the ICAC during its investigation into the case.

The prosecution was today represented by ICAC officer Edith Lam.
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