11 Mar 2020
HKSAR v. CHENG WING KIN (鄭永健)
- Citation
- [2020] HKCFA 3
- Court
- Court of Final Appeal
- Case number
- FACC5/2019
The word 'corruptly' in ECICO s7(1) operates to confine the offering, soliciting or acceptance of 'advantages' to conduct that objectively tends to undermine fair, open and honest elections; it does not add a separate subjective element requiring an intention to hinder elections (no 'double intent'); the prosecution must prove intent to offer the advantage as an inducement, and that the offer was of a nature and made in circumstances with a tendency to subvert electoral integrity.