Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Inducement to vote

Legal area

Court

10 May 2012

SECRETARY FOR JUSTICE v. TAM HEUNG MAN

Citation

SECRETARY FOR JUSTICE v. TAM HEUNG MAN
Court

Court of First Instance
Case number

HCMA891/2011

To establish s11(1)(a) corrupt conduct the prosecution must prove the accused intended the advantage to operate as an inducement to vote for that candidate; the magistrate lawfully considered the nature, value and proximity of the advantage and permissibly concluded on the facts that the accused intended only to make the medium more attractive rather than to induce votes; the acquittal stands.
20 Oct 2009

RE CHAN TAK WAI

Citation

RE CHAN TAK WAI
Court

Court of First Instance
Case number

HCMP1915/2009

The court accepted on balance the applicant had established a prima facie case that the omissions were not actuated by bad faith despite convictions for related inducement offences; the omissions were more consistent with inadvertence and routine community activity, and although delay and lack of demonstrated diligence were relevant they were not decisive to refuse relief, therefore relief under s.31(2) was granted.