Former legislator Chim Pui-chung will learn his fate today when a magistrate hands down his verdict on two election corruption charges. Eastern Court magistrate Colin Mackintosh yesterday rejected a bid by Chim's lawyer to have the case thrown out, ruling that there was a case to answer. The Independent Commission Against Corruption (ICAC) has alleged that Chim was attempting to influence the votes of up to 100 eligible voters at a dinner at a Wan Chai restaurant on March 27 last year - five days before the financial services subsector elections. The subsector helped elect members to the 800-member Election Committee, which in turn chose 10 legislators. Chim was then a legislative councillor and a candidate for Legco's financial services functional constituency. He was subsequently elected to the constituency. A total of 25 candidates were competing for the 12 subsector seats. Chim denies illegally treating colleagues and failing to obtain written authorisation to incur expenses. The magistrate said: 'The treating must have a continuing operation upon the voter at the time he votes or is expected to vote. 'The closer the treating is to the time of the election, the easier it will be to draw the inference that the treating had, and was intended to have, a continuing effect. 'If the intention or the purpose of the provision of food and drink is to influence the votes of the persons to whom it is provided, then it is corrupt because it does exactly what the legislation is plainly designed to forbid.' Chim's defence counsel, Alan Hoo SC, has argued that the $60,000 dinner was not an election meeting. Prosecution witnesses have described the dinner as 'a social gathering', a 'face-giving party' and an 'ordinary trade dinner'. However, a list of 14 'recommended' election candidates distributed at the dinner was described by prosecutor Bernard Ryan as evidence of vote-buying. Chim decided not to give evidence in his defence. In his final submission, Mr Hoo reminded the magistrate of Chim's well-known generosity: 'The defendant enjoys and indeed has a reputation of being generous, in particular in organising such gatherings in the past. '[It] is agreed by all that he is a very opinionated man . . . and that he emphasised each voter must vote according to their own choice.' Mr Hoo said that by no means was Chim attempting to influence the voters by supplying food and drinks. 'The law does not prohibit people from expressing their opinion on any election whether privately or publicly,' he said.
