The Legislative Council election will be held on December 19 (Sunday). The government will set up voting stations at Liantang, Luohu, and Futian ports to facilitate Hong Kong residents living in the Mainland to vote.
The ICAC's Integrity Electoral Affairs Coordinator Zhao Ruda accepted an interview with "Hong Kong 01" and was asked how to effectively monitor overseas vote-buying for votes. He pointed out that as long as public elections in Hong Kong are involved, even overseas elections are subject to regulation. The Department cannot enforce the law outside of the country, but if a report is received, it will request assistance from the Mainland through a case-by-case investigation mechanism.
Zhao Ruda stated that it is also illegal for anyone, including candidates, to provide benefits, food, and entertainment to others in exchange for votes, including "finding" rewards after the election, without reasonable excuses.
Some court rulings have clearly stated that anyone who participates in election bribery, regardless of background and social status, will not receive a light sentence.
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If election bribery occurs in the Mainland, a case investigation mechanism can be activated
The election of this session of the Legislative Council has arranged that Hong Kong people who live in the Mainland for a long time can vote at the three port polling stations. If election bribery occurs in the Mainland, the ICAC's Integrity Electoral Affairs Coordinator Zhao Ruda stated that Article 5 of the Election (Corrupt and Illegal Conduct) Ordinance stipulates It is clear that as long as it is related to local elections, election bribery in Hong Kong or elsewhere is regulated by the regulations. The ICAC will follow up the report after receiving the report, but the ICAC cannot enforce law outside of the country, and there is no mutual criminal judicial assistance with the Mainland. If necessary, it will follow the past practice and follow the case-by-case investigation mechanism to request relevant mainland authorities to assist in the search. After collecting evidence, the Department of Justice will be consulted.
When asked whether it would be impossible to effectively monitor cross-border election bribery, how to remind the voters, and how to follow up if they found out, he said that after the implementation of the port polling station measures, he has immediately contacted the Registration and Electoral Office and the Constitutional and Mainland Affairs Bureau. The confirmation emails given to voters are accompanied by instructions to voters, "No matter where the place is, but someone has violated this law, we encourage citizens to report it." He continued, "Of course, if we discover some cases on our own initiative, we have no reason. I won't check it."
"Benefits" cover tangible and intangible: if you receive less money, it counts as a meal
Zhao Ruda reminded that in Articles 11 and 12 of the Regulations, anyone, including candidates, without reasonable excuses, provides benefits, food, and entertainment to others in exchange for votes. This is a fraud. Voters are guilty of selling their votes. Once convicted, the maximum sentence is 7 Annual and fine of 500,000 yuan.
"Benefits" include money, gifts, loans, hiring, contracts, preferential treatments, discounts, services, etc. of any value. "Benefits, whether tangible or intangible." In addition, such as providing food and entertainment in exchange for votes, even if only part of it is involved. Expenses or offering preferential prices are illegal. "If you charge less, please count as one meal."
The crime of election bribery covers post-election visits and rewards
In addition, Zhao Ruda reminded that the crime of election bribery covers the period of time before and after the "election period." "It can be imagined as unlimited before and after infinite, that is, at any time." Therefore, it is illegal to repay the promised benefits to voters after the election. behavior.
He quoted from the Court of Appeal's ruling saying that "Anyone who participates in election bribery, regardless of background and social status, will not receive a light sentence. There is a clear message."
District Council Candidates Convicted of Violation of 20 Yuan Banquet "Curve Propaganda"
There was a case where a district council candidate and four supporters organized multiple banquets in the name of the residents' association to entertain more than 1,500 members. Participants only need to pay an entrance fee of 20 yuan. "If you continue to use gestures to "hint" the candidate number, and in the name of the association to organize a free "one-day tour" that includes three meals, and distribute a large number of clinics 100 yuan cash coupons, free flu injections, etc., the related expenses involved more than 2 million. Yuan, far exceeding the upper limit of 48,000 yuan in election expenses.
The five people were convicted of multiple crimes and were sentenced to 27 months and 33 months respectively.
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