Woman charged by ICAC sentenced for breaching ECICO by inciting others not to vote at 2021 LegCo Election
2023-6-9
A woman charged by the ICAC was today (June 9) sentenced to two months’ imprisonment, suspended for two years, after admitting at the Eastern Magistrates’ Courts that she had shared 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.
Fanny Wong Pui-kwan, 48, Office Assistant of the Leisure and Cultural Services Department, today pleaded guilty to 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).
In sentencing, Principal Magistrate Miss Ivy Chui Yee-mei remarked that the defendant’s acts would affect the fairness of an election and induce others to cause an election to be unable to proceed in an orderly manner. A suspended sentence was imposed on the defendant, having considered her guilty plea and other mitigating factors.
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.
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.
The court heard 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.
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 during the election period. As Kwok had already left Hong Kong, a warrant for his arrest was issued by a Magistrate upon the application by the ICAC.
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 and they were all convicted, while one was formally cautioned.
The prosecution was today represented by ICAC officer Aliz Lo.
Fanny Wong Pui-kwan, 48, Office Assistant of the Leisure and Cultural Services Department, today pleaded guilty to 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).
In sentencing, Principal Magistrate Miss Ivy Chui Yee-mei remarked that the defendant’s acts would affect the fairness of an election and induce others to cause an election to be unable to proceed in an orderly manner. A suspended sentence was imposed on the defendant, having considered her guilty plea and other mitigating factors.
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.
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.
The court heard 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.
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 during the election period. As Kwok had already left Hong Kong, a warrant for his arrest was issued by a Magistrate upon the application by the ICAC.
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 and they were all convicted, while one was formally cautioned.
The prosecution was today represented by ICAC officer Aliz Lo.