One charged, another wanted by ICAC for allegedly breaching ECICO by inciting others not to vote at 2021 LegCo Election
2023-4-27
A woman was charged by the ICAC yesterday (April 26) for allegedly sharing to various social media groups a post of a former District Councillor which incited others not to vote at the 2021 Legislative Council General Election (2021 LegCo Election) during the election period. A warrant has been issued by a Magistrate for the arrest of the former District Councillor.
Fanny Wong Pui-kwan, 48, Office Assistant of the Leisure and Cultural Services Department, faces nine counts of engaging in illegal conduct to incite another person not to vote by activity in public during election period, contrary to section 27A(1)(a) of the Elections (Corrupt and Illegal Conduct) Ordinance (ECICO). She was released on ICAC bail, pending her court appearance at the Eastern Magistrates’ Courts tomorrow (April 28) for plea.
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 2021 LegCo Election.
It is alleged that during the election period of the 2021 LegCo Election, Wong displayed on nine social media groups an identical post which incited others not to vote at the election.
The ICAC had earlier conducted investigations into online posts which incited others to cast blank votes or not to vote at the 2021 LegCo Election. Investigation revealed that the post displayed by Wong was originally published by former District Councillor Kwok Tsz-kin on his social media page.
In accordance with established procedures, the findings of the investigation were forwarded to the Department of Justice for legal advice, which considered that there was sufficient evidence to institute prosecution against the duo. Pursuant to the legal advice, Wong was charged yesterday. As Kwok had already left Hong Kong, a warrant for his arrest was issued by a Magistrate upon the application made to the court by the ICAC.
Kwok Tsz-kin, 32, faces 13 counts of engaging in illegal conduct to incite another person not to vote by activity in public during election period, contrary to section 27A(1)(a) of the ECICO.
During the election period of the 2021 LegCo Election, Kwok allegedly displayed three posts which incited others not to vote at the election, including the one Wong shared, on various social media pages and groups and a channel of a messaging group on 13 occasions.
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.
In order to curb any acts that may manipulate and undermine an election, a new provision was introduced in 2021 against “inciting others not to vote, or to cast invalid votes, by activity in public during an election period” under Section 27A of the ECICO. Any person who violates the provision is liable on conviction to a maximum penalty of a three-year imprisonment and a fine of $200,000. As of today, 10 people in breach of the provision were charged by the ICAC. Except Wong, who has yet to enter plea, nine other people were all convicted, while one was formally cautioned.
Fanny Wong Pui-kwan, 48, Office Assistant of the Leisure and Cultural Services Department, faces nine counts of engaging in illegal conduct to incite another person not to vote by activity in public during election period, contrary to section 27A(1)(a) of the Elections (Corrupt and Illegal Conduct) Ordinance (ECICO). She was released on ICAC bail, pending her court appearance at the Eastern Magistrates’ Courts tomorrow (April 28) for plea.
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 2021 LegCo Election.
It is alleged that during the election period of the 2021 LegCo Election, Wong displayed on nine social media groups an identical post which incited others not to vote at the election.
The ICAC had earlier conducted investigations into online posts which incited others to cast blank votes or not to vote at the 2021 LegCo Election. Investigation revealed that the post displayed by Wong was originally published by former District Councillor Kwok Tsz-kin on his social media page.
In accordance with established procedures, the findings of the investigation were forwarded to the Department of Justice for legal advice, which considered that there was sufficient evidence to institute prosecution against the duo. Pursuant to the legal advice, Wong was charged yesterday. As Kwok had already left Hong Kong, a warrant for his arrest was issued by a Magistrate upon the application made to the court by the ICAC.
Kwok Tsz-kin, 32, faces 13 counts of engaging in illegal conduct to incite another person not to vote by activity in public during election period, contrary to section 27A(1)(a) of the ECICO.
During the election period of the 2021 LegCo Election, Kwok allegedly displayed three posts which incited others not to vote at the election, including the one Wong shared, on various social media pages and groups and a channel of a messaging group on 13 occasions.
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.
In order to curb any acts that may manipulate and undermine an election, a new provision was introduced in 2021 against “inciting others not to vote, or to cast invalid votes, by activity in public during an election period” under Section 27A of the ECICO. Any person who violates the provision is liable on conviction to a maximum penalty of a three-year imprisonment and a fine of $200,000. As of today, 10 people in breach of the provision were charged by the ICAC. Except Wong, who has yet to enter plea, nine other people were all convicted, while one was formally cautioned.