Commission Against Corruption, Macao SAR

The Court of First Instance adjudicated today (March 27) the 4^th corruption case concerning the Legislative Assembly Election in 2005.A total of 22 accused were initially involved in the case.However, two of them were absent from trial since the writ of summons could not reach them and the Collegial Bench declared that the two accused would be tried separately on 21 May 2007.

Among the 20 accused on trial, the key 7 accused were all found guilty, while the others were acquitted.The 1^st accused Wu Lin, a leader of the ¡§Fok Chao Sam San Compatriot Association of Macao¡¨ (also the number-three candidate of Group 18 ¡§the Macao United Citizens Association¡¨ in the Election), the 2^nd accused Sun Ian Kuan and the 3^rd accused Hoi Fong Heng, were sentenced to an imprisonment of 4 years without suspension and were deprived of political rights for 5 years. The 4^th accused Lin Yongkang was sentenced to an imprisonment of 1 year and 9 months without suspension and were deprived of political rights for 5 years.These 4 accused were all sentenced in absentia.

The 15^th accused Wong Wai Heng, the 16^th accused Ng Ut Teng, and the 20^th accused Wong Meng Tak, were convicted of illegal retention of voter cards and were all sentenced to an imprisonment of 9 months with a 2-year suspension. The presiding judge of the collegial bench indicated that the crime of electoral corruption had seriously affected the image of the Legislative Assembly. To safeguard public interest and efficacy of law as well as to maintain the public¡¦s confidence in social order, the law offenders deserved severe condemnation.

The court heard that before the Legislative Assembly Election in 2005, the CCAC received a number of tips-off indicating that certain people were illegally retaining voter cards. The CCAC began evidence gathering and discovered that a syndicate which, under the name of ¡§Fok Chao Sam San Compatriot Association of Macao¡¨, had been collecting the originals, photocopies or numbers of voter cards. With funding from the association, Wu Lin (president of the association and was then the number-three candidate of Group 18 ¡§the Macao United Citizens Association¡¨ in the Election), in collaboration with Sun Ian Kuan (vice-president), Hoi Fong Heng (standing vice-president) and Ip Lai Chan (head of the woman division), offered cake-coupons as ¡§pre-paid benefits¡¨ for each voter card registered and, after the electoral group number was confirmed, promised to reward MOP300-MOP500 for each vote, aiming to solicit as many as 1,000 votes.The people concerned had allegedly offered advantages to induce others to render their voter cards and retained the cards, in an attempt to influence the electors¡¦ voting decision in the Legislative Assembly Election.

Investigation showed that the association had been collecting voter cards through a pyramid scheme. At each level there were middlemen collecting voter cards, which would ultimately be submitted to the head of the association. When the case was revealed, the pyramid had already been developed to the fifth level, with the tendency of expanding to the sixth.

The CCAC launched a raid in July 2005 and discovered a number of original voter cards, voter registration information, cake-coupons and receipts of 900 cake-coupons purchased by the association and other election-related information in the association and in the travel agency run by Hoi Fong Heng. The CCAC had summoned over a hundred people for enquiries and then transferred the case to the Public Prosecutions Office.

Among the 22 accused, only 7 female and 1 male accused were present for trial but they chose not to defend. There were 7 witnesses giving testimonies in court. One of the witnesses, Hoi Hong Wai, denied ever having contact with the 3^rd accused Hoi Fong Heng before the Election. He also denied having been instructed to vote for a certain group or on how to respond to CCAC investigators¡¦ interrogation. The prosecutor thus applied to the Collegial Bench for raising charges against Hoi Hong Wai on making false testimony in violation of the Penal Code, since he had overturned his testimony made to the CCAC and to the Court of Criminal Instruction. The offence can lead to an imprisonment up to 5 years.