Man charged by ICAC sentenced for breaching ECICO by inciting others to cast blank votes at LegCo Election
2022-8-26
A man, charged by the ICAC, was today (August 26) sentenced to two months’ imprisonment, suspended for 18 months at the West Kowloon Magistrates’ Courts after admitting that he had reposted on his social media page a post which incited others to cast blank votes at the 2021 Legislative Council General Election (2021 LegCo Election) during the election period.
Chan Sing, 58, welfare worker, pleaded guilty before Magistrate Mr Li Chi-ho to one count of engaging in illegal conduct to incite another person not to vote, or to cast invalid vote, by activity in public during election period, contrary to Section 27A(1) of the Elections (Corrupt and Illegal Conduct) Ordinance (ECICO).
The court heard that the 2021 LegCo Election was open for nominations from October 30, 2021. According to the ECICO, the period between that day and the polling day (December 19, 2021) was defined as the “election period” of the election.
On October 30, 2021, which was the first day of the nomination period, the ICAC published a press statement on its official website to remind members of the public that inciting others not to vote or to cast invalid votes by activities in public during the election period would be in breach of Section 27A of the ECICO.
On the same day, the defendant reposted on his social media page a post from a social media page of Hui Chi-fung which incited viewers to cast blanks votes at the 2021 LegCo Election. The post was displayed on the defendant’s social media page during the election period.
The ECICO stipulates that “activity in public” includes any form of communication to the public, and the distribution or dissemination of any matter to the public. The ECICO applies to all conduct concerning an election, whether the conduct is engaged in within Hong Kong or elsewhere.
The ICAC had earlier conducted investigations into online posts which incited others to cast blank votes and invalid votes at the 2021 LegCo Election. In accordance with established procedures, the findings of the investigation were forwarded to the Department of Justice (DoJ) for legal advice. Upon legal advice of the DoJ, the defendant was charged on July 27, 2022.
A warrant for the arrest of Hui was issued by a Magistrate in late November last year for allegedly inciting others to cast blank votes at the 2021 LegCo Election by displaying posts on his social media page.
The prosecution was today represented by ICAC officer Adrian Yeung.
Chan Sing, 58, welfare worker, pleaded guilty before Magistrate Mr Li Chi-ho to one count of engaging in illegal conduct to incite another person not to vote, or to cast invalid vote, by activity in public during election period, contrary to Section 27A(1) of the Elections (Corrupt and Illegal Conduct) Ordinance (ECICO).
The court heard that the 2021 LegCo Election was open for nominations from October 30, 2021. According to the ECICO, the period between that day and the polling day (December 19, 2021) was defined as the “election period” of the election.
On October 30, 2021, which was the first day of the nomination period, the ICAC published a press statement on its official website to remind members of the public that inciting others not to vote or to cast invalid votes by activities in public during the election period would be in breach of Section 27A of the ECICO.
On the same day, the defendant reposted on his social media page a post from a social media page of Hui Chi-fung which incited viewers to cast blanks votes at the 2021 LegCo Election. The post was displayed on the defendant’s social media page during the election period.
The ECICO stipulates that “activity in public” includes any form of communication to the public, and the distribution or dissemination of any matter to the public. The ECICO applies to all conduct concerning an election, whether the conduct is engaged in within Hong Kong or elsewhere.
The ICAC had earlier conducted investigations into online posts which incited others to cast blank votes and invalid votes at the 2021 LegCo Election. In accordance with established procedures, the findings of the investigation were forwarded to the Department of Justice (DoJ) for legal advice. Upon legal advice of the DoJ, the defendant was charged on July 27, 2022.
A warrant for the arrest of Hui was issued by a Magistrate in late November last year for allegedly inciting others to cast blank votes at the 2021 LegCo Election by displaying posts on his social media page.
The prosecution was today represented by ICAC officer Adrian Yeung.