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Cheng Wing-kin’s original jail term was earlier reduced to three years and three months on appeal. Photo: Brian Wong

Hong Kong waiter jailed for offering bribes during district council elections gets chance to take case to top court for final appeal

  • Cheng Wing-kin, 34, was found guilty of six counts of engaging in corrupt conduct in an election and one of conspiracy to engage in corrupt conduct
  • Cheng offered at least HK$810,000 to eight people, mostly localist leaders, and asked them to send members to take on pan-democrats in election
Brian Wong

A Hong Kong waiter found guilty of offering bribes in the district council elections four years ago was on Tuesday granted permission to take his case to the city’s top court for a final appeal.

The Court of Final Appeal allowed Cheng Wing-kin, 34, to appeal against his conviction on six counts of engaging in corrupt conduct in an election and one of conspiracy to engage in corrupt conduct.

His trial in the District Court heard that Cheng offered at least HK$810,000 (US$103,850) to eight people, mostly localist party leaders, and asked them to send members to take on pan-democrat contenders in designated constituencies.

The Court of Final Appeal will hear the appeal in January. Photo: Nora Tam

Cheng, who was also an internet radio host at the time, claimed he was trying to uncover untoward dealings of localist parties with the pan-democrats and that he was gathering information for a programme.

But the judge found him dishonest and asked why he had not made any recordings.

Cheng also said he acted under the instructions of a man he believed to be linked to the United Front Work Department, a mainland Chinese agency handling relations with influential parties and the social elite.

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He was sentenced to four years’ imprisonment, which was reduced to three years and three months by the Court of Appeal. The appeal court, however, maintained Cheng’s conviction.

Prosecutors opposed an appeal at the top court, saying it did not have a reasonable chance of success and was made late in time.

But Chief Justice Geoffrey Ma Tao-li allowed the appeal to be heard in front of a full panel of five judges.

He said the court would need to express its views regarding the Elections (Corrupt and Illegal Conduct) Ordinance, namely the meaning of acting “corruptly” in the law.

A substantive hearing will be held on January 7 next year.

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