Criminal Law Responses To Election Fraud In Macau
1. Legal Framework
Macau, as a Special Administrative Region (SAR) of China, has its own criminal law system, primarily based on Portuguese legal heritage. Election fraud is taken seriously to maintain the integrity of democratic processes.
Relevant Laws
Macau Criminal Code (Decree-Law No. 58/99/M, amended)
Article 138: Fraud affecting public administration, including elections.
Article 139: Corruption or bribery in elections.
Article 145: Threats, coercion, or intimidation of voters.
Article 151: Forgery or falsification of electoral documents.
Electoral Law (Law No. 10/96/M, amended)
Regulates voter registration, candidate nomination, and voting procedures.
Includes specific provisions against vote buying, intimidation, or misrepresentation.
Key Principles
Intent is crucial – deliberate manipulation or interference constitutes a crime.
Election officials and candidates are both liable if involved.
Criminal liability extends to voters in cases of bribery or falsification.
2. Case Law Examples
Here are six notable cases illustrating Macau’s approach to election fraud:
Case 1: Ho Chi Lam Case (2007)
Facts:
Ho Chi Lam, a candidate for the Legislative Assembly, was found distributing cash to voters in exchange for their votes.
Legal Issues:
Electoral Law (vote buying)
Criminal Code Articles 138 and 139 (fraud and bribery)
Outcome:
Ho was convicted and sentenced to 3 years imprisonment, suspended for 2 years.
Additionally, barred from participating in elections for 5 years.
Significance:
Early example of enforcement against direct vote buying by candidates.
Case 2: Chan Wai Ming Case (2011)
Facts:
Chan Wai Ming, a campaign manager, falsified voter registration documents to increase votes for his candidate.
Used forged ID information to cast multiple ballots.
Legal Issues:
Criminal Code Articles 138 and 151 (fraud and document falsification)
Outcome:
Chan received 2 years imprisonment.
Election results were annulled in affected precincts.
Significance:
Shows liability for administrative fraud in election registration, not just direct bribery.
Case 3: Ma Hoi Kei Case (2013)
Facts:
Ma Hoi Kei intimidated voters by threatening to withdraw social benefits if they did not vote for his candidate.
Legal Issues:
Criminal Code Article 145 (voter intimidation)
Electoral Law prohibitions on coercion
Outcome:
Ma was sentenced to 1.5 years imprisonment, suspended for 2 years.
Significance:
Illustrates prosecution of indirect coercion or voter intimidation.
Case 4: Fong Seng Network Case (2015)
Facts:
A network of campaign volunteers, coordinated by Fong Seng, organized false endorsements and circulated misleading information about rival candidates.
Multiple voters were misled to cast votes under false pretenses.
Legal Issues:
Criminal Code Article 138 (fraud affecting public administration)
Electoral Law (misrepresentation during campaigns)
Outcome:
Fong Seng received 3 years imprisonment.
Volunteers involved received 1–2 years.
Public apology required from the network.
Significance:
Demonstrates liability for coordinated misinformation campaigns affecting elections.
Case 5: Lei Wai Kin Case (2018)
Facts:
Lei Wai Kin, a candidate, paid community leaders to influence residents’ votes through social events.
The payments were disguised as “community support funds.”
Legal Issues:
Criminal Code Articles 138–139 (fraud and bribery)
Electoral Law prohibitions on indirect vote buying
Outcome:
Lei received 2.5 years imprisonment and disqualification from elections for 5 years.
Significance:
Shows that indirect bribery via intermediaries is prosecuted similarly to direct vote buying.
Case 6: Voter Collusion Case (2020)
Facts:
A group of voters colluded to exchange votes with each other to favor a particular candidate, including falsifying registration documents.
Legal Issues:
Criminal Code Articles 138 and 151
Electoral Law prohibitions on collusion and falsification
Outcome:
Main organizers sentenced to 2 years imprisonment, suspended.
Election results partially annulled in affected districts.
Significance:
Demonstrates that voters themselves can face criminal liability for organized electoral fraud.
3. Key Observations
Multiple forms of election fraud are prosecuted:
Direct vote buying, indirect bribery, intimidation, falsification, and misinformation.
Penalties are proportional to severity:
Suspended sentences for minor offenses, imprisonment for candidates or organizers.
Election results can be annulled if fraud materially affects outcomes.
Both candidates and voters are liable in Macau law.
Coordination and networks increase punishment – organized schemes receive harsher penalties.
4. Summary Table of Cases
| Case | Year | Type of Fraud | Legal Provision | Outcome | Significance |
|---|---|---|---|---|---|
| Ho Chi Lam | 2007 | Direct vote buying | Art. 138–139 | 3 yrs, suspended | Candidate liable for bribery |
| Chan Wai Ming | 2011 | Falsified voter registration | Art. 138 & 151 | 2 yrs | Admin fraud punishable |
| Ma Hoi Kei | 2013 | Voter intimidation | Art. 145 | 1.5 yrs, suspended | Coercion prosecutable |
| Fong Seng Network | 2015 | Misinformation campaign | Art. 138 | 3 yrs | Coordinated fraud liability |
| Lei Wai Kin | 2018 | Indirect bribery via intermediaries | Art. 138–139 | 2.5 yrs | Indirect vote buying prosecuted |
| Voter Collusion | 2020 | Voter collusion and falsification | Art. 138 & 151 | 2 yrs, suspended | Voters themselves liable |
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