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以譚香文案例回應朱科事件 李國章:舞弊指控嚴重 須有更多證據

2016/11/1 — 19:33

港大校委會研究生代表朱科,被指在選舉期間以「微信紅包」向選民發放金錢利益,但校委會開會商議後將有關投訴駁回,引發逾五千港大教職員、學生及校友聯署,要求徹查。校委會主席李國章,今日以電郵回應聯署,指目前沒有法例可應用於港大內部的選舉,港大本身亦無針對選舉操守的規章,而選舉舞弊是嚴重指控,需要有更多證據支持(need to be proved by a preponderance of the evidence)。

港大學生刊物《學苑》公開有關電郵,電郵中指校委會處理該宗投訴時,參考了譚香文涉賄選一案高院的判辭,當中指在判斷涉事人的意圖上,相關利益的性質及價值可納入考慮。李國章的電郵又引述朱科的陳述指,他並沒有意圖賄賂任何人投票給他,而八毫人民幣金額屬微不足道,校委會認為,被投訴人是否認為提供如此小的金額,能誘使任何人投票給他,與其意圖相關,須予考慮。

電郵指校委會認為,選舉舞弊指控嚴重,需要更多證據支持,校委會根據所有資料仔細考慮後,決定駁回投訴,但校委會亦同意,大學內部的選舉相關指引需要檢討。

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Election of One Postgraduate Student to the Council

Dear students, staff and alumni,

With reference to the petition to the Council by the Hong Kong University Students’ Union, Academic Staff Association and HKU Alumni Concern Group, the Chairman of the Council, as the spokesperson of the Council, wishes to make the following response.

(1) The Council considered at its meeting on October 25, 2016, the various materials, including the complaint received, the explanation proffered by the Respondent, the relevant legal principles and the precedent established by previous decisions of the Court for guidance (see 2 below).

(2) The Council took note of the following:

(a) None of the relevant Ordinances in Hong Kong specifically apply to an internal election within the University and further, the University itself does not currently have any specific rules regulating election related conduct.

(b) The judgment of the High Court in the case of the Secretary for Justice v Tam Heung Man [2012] HKEC 648 ("Judgment"), which was specifically brought to the attention of the Council, provides a good reference as to what constitutes corrupt conduct at an election. (Such Judgment sets out the legal principles when assessing whether any advantage was offered as an inducement to vote for a candidate. It was confirmed in the Judgment that in determining the intention of the relevant person the nature and value of any advantage could be taken into account.)

(c) The Respondent's explanation, which included, amongst other things, that it was not his intention to bribe any person into voting for him and in this respect he referred to the insignificant value (about RMB 0.80) offered through the "Red Packet" by way of justification. (It was confirmed in the Judgment that in determining the intention of the relevant person, the nature and value of any advantage could be taken into account. Factors, such as whether the Respondent thought that anyone could be induced to vote for him by the offer of such a small amount of money, are linked to intention and could be considered.)

(d) An allegation of corrupt conduct at an election is a serious charge, and such allegations therefore would need to be proved by a preponderance of the evidence.

(3) On the basis of the materials before the Council and after careful deliberation, the Council resolved to dismiss the complaint.

(4) It was also recommended at the Council meeting that the University's election regulations be reviewed and revised to provide further guidance to future candidates in light of this experience.

The Council Chairman is grateful to the student, staff and alumni groups for their concerns. It is hoped that the above has addressed the issues raised in the petition.

Yours sincerely,
H.W.K. Wai
Registrar

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