The District Court Thursday found a candidate for public office, Lee York-fai, and four others guilty of vote-buying during the Sha Tin District Council By-election.

The vote took place in Tai Wai Constituency in March 2009.

Lee had been accused of colluding with four others, including former Kowloon City district councilor Chiang Sai-cheong, to entice people to vote for him, by inviting people to banquets and offering free flu shots.

The five accused were found guilty of 10 charges, including collusion for electoral rigging and placing election advertisements in contravention of regulations.

The judge, Yau Tak-hong, said the 12 dinners held by the five accused during the election campaign were obvious, organized activities.

The court heard the 42-year-old doctor, who once was a member of the Liberal Party, set up a neighborhood welfare association in Mei Lam Estate months before the election.

The purpose was to hold 12 banquets offering dinner and entertainment to estate residents, association members, twice a week. The per capita cost of the banquets was estimated at some HK$150, but each member was required to pay only HK$20.

The Independent Commission Against Corruption (ICAC) later found out that of 1,500 members in the association, 959 were eligible voters.

On voting day, nine shuttle buses stood by to take voters to spend the day at several attractions including Disneyland. Later, voters were delivered to the polls to cast their votes.

The court also accused Lee of issuing leaflets citing health tips.

The defendants claimed the booklets contained no information about the election and therefore were not a direct advertisement and thus there was no illegal electoral practice.

The judge rejected their defense, saying the vote-buying intention was apparent.

The by-election date was set on March 29, 2009. Lee's health leaflets bore the title: "329 health comes first".

There was also a numeral "one," Lee's candidate number with a tick beside it.

The judge explained that by looking at each piece of evidence separately, they did not seem to breach any regulation.

However, by adding them up, all activities simply were intended to imply that Lee was a good man and the purpose of promoting his election was obvious.

The ICAC arrested the five people on March 30, 2009, a day after the election, for breaching the Corrupt and Illegal Practices Ordinance.

Former district councilor Chiang Sai-cheong, 53, whose membership in the Liberal Party was suspended after he was caught up in an ICAC probe, was found guilty of seven charges including ballot-rigging.

The court will hand down sentence Friday.

China Daily

(HK Edition 04/15/2011 page1)