Former accounting constituency lawmaker Mandy Tam Heung-man has been cleared of charges of offering inducements in exchange for votes.

Tam had been accused of offering an advantage or service to prospective voters.

She offered free seminars to accountants on Sept 5, 2008, only two days before the polling day.

Attendance at the seminars was credited as part of a continuing education requirement by the Hong Kong Institute of Certified Public Accountants.

However, Tam lost her seat in the election eventually.

Chow Ka-leung, a member of the rival election campaign team of Paul Chan Mo-po, lodged a complaint to the Independent Commission Against Corruption (ICAC) prior to the seminar.

Tam later was prosecuted by the ICAC.

Handing down the verdict at Eastern Court on Thursday, Magistrate Gary Lam Kar-yan said he does not believe Tam, who is a tax adviser, had any intention to offer electors free seminars in an attempt to gain their votes, because seminars of the same type are held on a regular basis by the accounting industry.

Magistrate Lam added, however, it is reasonable for Tam's actions to have provoked suspicion, because those attending did receive a benefit as a result of their attendance at the 90 minute talk.

The requirement set out by the Hong Kong Institute of Certified Public Accountants stipulates that members wishing to renew their annual registration are required to undergo at least 120 hours of continuing professional development every three years.

"However, I do not believe electors would vote for her simply because they wanted to gain the credits," the magistrate said.

Offering a free seminar is no different from distributing free tissues by some candidates on the street, Lam said.

"Normal and sensible electors would not cast their votes to that particular candidate because they accepted the tissues," Lam said.

However, it was "unwise and inconsiderate" of Tam to include Anson Chan Fang On-sang's speech about the coming election at the seminar, Lam said.

The former chief secretary was invited to the seminar and she described Tam as a trustworthy candidate who deserved support.

Lam disagreed with the view of Martin Lee Chu-ming, Tam's counsel, that the electoral ordinance restriction was disproportionate and breached the right to be elected as enshrined under the Basic Law.

Lam said that the ordinance defines advantage as any valuable consideration, gift or loan.

Tam left the court smiling, finally vindicated after a seven-month legal battle.

"I am pleased with the verdict which found me not guilty and cleared my name," Tam told reporters. "I would like to take this opportunity to thank all the people in Hong Kong who gave me support and my legal adviser who has been so helpful and supported me all along for the past six months."

China Daily

(HK Edition 05/27/2011 page1)