Duo charged by ICAC for allegedly breaching ECICO by inciting others to cast blank votes at LegCo Election
2021-12-16
The ICAC today (December 16) charged two persons for allegedly reposting on their social media pages a post which incited others to cast blank votes at the 2021 Legislative Council General Election (LegCo Election) during the election period.
The Commission had earlier conducted investigations into online posts which incited others to cast blank votes at the LegCo Election. In accordance with established procedures, the findings of the investigation were forwarded to the Department of Justice for legal advice, which advised charges be laid against two persons arrested earlier in separate cases. The relevant investigations are still on-going.
Chan Kin-man, 36, salesperson; and Leung Yuet-sheung, 65, office assistant, each faces 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 defendants were released on ICAC bail, pending their court appearance in the Kwun Tong Magistrates’ Courts next Tuesday (December 21) for plea.
The charges allege that Chan and Leung, respectively between October 30 and November 9 or December 16, 2021, engaged in illegal conduct at the LegCo Election by carrying out an activity in public, namely reposting on their respective social media pages a post from a social media page of Hui Chi-fung which incited another person to deal with his or her ballot paper in any way that would render the ballot paper invalid at the LegCo Election.
A Magistrate had issued warrants for the arrest of Hui and Yau Man-chun in late November. The duo had allegedly incited others to cast blank votes and not to vote at the LegCo Election by displaying posts on their respective social media pages.
The LegCo Election was open for nominations from October 30. According to the ECICO, the period between that day and the polling day (December 19) is defined as the “election period” of the election. 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. Any person who violates Section 27A of the ECICO is liable on conviction to a maximum penalty of a three-year imprisonment and a fine of $200,000.
Today saw the first two prosecution cases of the new offence under Section 27A of the amended ECICO. Once again, the ICAC urges members of the public to abide by the law, and not to engage in making illegal appeals or repost unlawful contents in order to uphold a fair and clean election. The Commission will continue to take resolute enforcement actions to combat conduct manipulating or undermining the election to ensure that it will be held in a fair and just manner.
The Commission had earlier conducted investigations into online posts which incited others to cast blank votes at the LegCo Election. In accordance with established procedures, the findings of the investigation were forwarded to the Department of Justice for legal advice, which advised charges be laid against two persons arrested earlier in separate cases. The relevant investigations are still on-going.
Chan Kin-man, 36, salesperson; and Leung Yuet-sheung, 65, office assistant, each faces 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 defendants were released on ICAC bail, pending their court appearance in the Kwun Tong Magistrates’ Courts next Tuesday (December 21) for plea.
The charges allege that Chan and Leung, respectively between October 30 and November 9 or December 16, 2021, engaged in illegal conduct at the LegCo Election by carrying out an activity in public, namely reposting on their respective social media pages a post from a social media page of Hui Chi-fung which incited another person to deal with his or her ballot paper in any way that would render the ballot paper invalid at the LegCo Election.
A Magistrate had issued warrants for the arrest of Hui and Yau Man-chun in late November. The duo had allegedly incited others to cast blank votes and not to vote at the LegCo Election by displaying posts on their respective social media pages.
The LegCo Election was open for nominations from October 30. According to the ECICO, the period between that day and the polling day (December 19) is defined as the “election period” of the election. 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. Any person who violates Section 27A of the ECICO is liable on conviction to a maximum penalty of a three-year imprisonment and a fine of $200,000.
Today saw the first two prosecution cases of the new offence under Section 27A of the amended ECICO. Once again, the ICAC urges members of the public to abide by the law, and not to engage in making illegal appeals or repost unlawful contents in order to uphold a fair and clean election. The Commission will continue to take resolute enforcement actions to combat conduct manipulating or undermining the election to ensure that it will be held in a fair and just manner.