Lin Jingnan, the founder of Abu Thai Life Department Store, who was charged with the "Hong Kong National Security Law" for being involved in the "35+ primary election", participated in the 2020 Legislative Council election, which was eventually postponed.
However, he filed an application for exemption from punishment last year because he failed to display the information of the printer in the election advertisement and failed to prepare the text of the election advertisement.
The judge of the High Court handed down his verdict today (25th), arguing that Lam was only negligent and inexperienced, not malicious, and granted the exemption.
The applicant is Lin Jingnan and the respondent is the Secretary for Justice.
The verdict stated that Lin Jingnan explained that he had to manage more than 20 Abutai branches at that time, involving more than 100 employees, and he was also the first to participate in such an election.
As for his two election assistants, they are also busy and lack election experience.
Lin's violation was due to negligence and inexperience.
The judge held that Lin's violation was not malicious.
Apart from the violations involved, Lam has followed other statutory requirements.
The judge stressed the importance of compliance with electoral legislation, and ignorance of the legislation was not a defence.
However, the judge agreed that Lam and his election assistants had tried their best to understand and follow the electoral legislation. The violation was just due to negligence and inexperience, and they had made remedies. They granted the exemption and ordered Lam to pay the Department of Justice about $25,000 in costs. Yuan.
Case number: HCMP656/2021
Lin Jingnan points out that the advertisements involved in the election campaign are involved in an illegal filing request for immunity from punishment. The High Court will hear the 35+ primary election next month. Legislative Council Election Expenses Legislative Council Election Expenses｜Ho Kwan-yao was attacked at a street station in 2019 for 60,000 yuan, please be careful: be careful