Duo charged by ICAC admit breaching ECICO by inciting others to cast blank votes at LegCo Election
2022-2-15
Two persons, charged by the ICAC in separate cases, today (February 15) admitted at the Kwun Tong Magistrates’ Courts that they had reposted on their respective 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.
Chan Kin-man, 36, salesperson; and Leung Yuet-sheung, 65, office assistant, each pleaded guilty 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).
Principal Magistrate Ms Bina Chainrai adjourned the cases to March 15 for sentence, pending the defendants’ community service order and probation reports. The defendants were granted cash bail.
The court heard that 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 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, Chan and Leung reposted on their respective social media pages a post published on the preceding day on a social media page of Hui Chi-fung which incited viewers to cast “blank votes” at the LegCo Election. The post continued to be displayed on Chan’s social media page until November 9, 2021 and on Leung’s until December 16, 2021.
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, the duo were charged on December 16, 2021.
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 LegCo Election by displaying posts on his social media page.
An ICAC spokesperson noted that upon the amendment of the ECICO, the ICAC has stepped up its efforts to educate the general public and election stakeholders on the new offences regarding conduct manipulating or undermining elections, including the illegal conduct of inciting others not to vote or to cast invalid vote by activity in public during election period.
The prosecution was today represented by Senior Public Prosecutor Peggy Leung, assisted by ICAC officer Adrian Yeung.
Chan Kin-man, 36, salesperson; and Leung Yuet-sheung, 65, office assistant, each pleaded guilty 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).
Principal Magistrate Ms Bina Chainrai adjourned the cases to March 15 for sentence, pending the defendants’ community service order and probation reports. The defendants were granted cash bail.
The court heard that 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 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, Chan and Leung reposted on their respective social media pages a post published on the preceding day on a social media page of Hui Chi-fung which incited viewers to cast “blank votes” at the LegCo Election. The post continued to be displayed on Chan’s social media page until November 9, 2021 and on Leung’s until December 16, 2021.
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, the duo were charged on December 16, 2021.
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 LegCo Election by displaying posts on his social media page.
An ICAC spokesperson noted that upon the amendment of the ECICO, the ICAC has stepped up its efforts to educate the general public and election stakeholders on the new offences regarding conduct manipulating or undermining elections, including the illegal conduct of inciting others not to vote or to cast invalid vote by activity in public during election period.
The prosecution was today represented by Senior Public Prosecutor Peggy Leung, assisted by ICAC officer Adrian Yeung.