One more charged by ICAC for allegedly breaching ECICO by inciting others to cast invalid votes at LegCo Election
2022-2-11
The ICAC today (February 11) charged one more person for allegedly displaying three posts on his social media page and sharing them on other social media pages which incited others to cast invalid votes at the 2021 Legislative Council General Election (LegCo Election) during the election period.
The ICAC had earlier conducted investigations into online posts which incited others to cast blank votes and invalid votes at the 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, a man was charged today.
Victor Chou Wing-tat, 57, working in the garment industry, faces three counts 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 defendant was released on ICAC bail, pending his court appearance in the West Kowloon Magistrates’ Courts next Tuesday (February 15) for plea.
The charges allege that between November 2 and December 19, 2021, the defendant engaged in illegal conduct at the LegCo Election by carrying out activities in public, namely displaying three posts on his social media page and sharing them on other social media pages, 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.
The 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 LegCo 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.
The ICAC had earlier conducted investigations into online posts which incited others to cast blank votes and invalid votes at the 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, a man was charged today.
Victor Chou Wing-tat, 57, working in the garment industry, faces three counts 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 defendant was released on ICAC bail, pending his court appearance in the West Kowloon Magistrates’ Courts next Tuesday (February 15) for plea.
The charges allege that between November 2 and December 19, 2021, the defendant engaged in illegal conduct at the LegCo Election by carrying out activities in public, namely displaying three posts on his social media page and sharing them on other social media pages, 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.
The 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 LegCo 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.