Man charged by ICAC admits breaching ECICO by inciting others to cast invalid votes at LegCo Election
2022-4-13
A man, charged by the ICAC, today (April 13) admitted at the West Kowloon Magistrates’ Courts that he had displayed two posts on his social media page and shared them on other social media pages to incite others to cast invalid votes at the 2021 Legislative Council General Election (LegCo Election) during the election period.
Victor Chou Wing-tat, 57, working in the garment industry, pleaded guilty to two 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 prosecution today withdrew another similar charge against him.
Magistrate Mr Cheng Lim-chi adjourned the case to May 4 for sentence, pending the defendant’s community service order report. The defendant was 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 November 2, 2021, the defendant displayed a post on his social media page and shared it to six social media pages to incite viewers to cast invalid votes at the LegCo Election. The post was displayed on his social media page and the above six pages during the election period.
On the morning of the polling day, the defendant displayed another post on his social media page and shared it to four social media pages to incite viewers to cast invalid votes at 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 or 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 defendant was charged on February 11, 2022.
An ICAC spokesperson expressed that following the amendments of the ECICO, the ICAC had 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 Antony Leung, assisted by ICAC officer Wincy Lai.
Victor Chou Wing-tat, 57, working in the garment industry, pleaded guilty to two 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 prosecution today withdrew another similar charge against him.
Magistrate Mr Cheng Lim-chi adjourned the case to May 4 for sentence, pending the defendant’s community service order report. The defendant was 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 November 2, 2021, the defendant displayed a post on his social media page and shared it to six social media pages to incite viewers to cast invalid votes at the LegCo Election. The post was displayed on his social media page and the above six pages during the election period.
On the morning of the polling day, the defendant displayed another post on his social media page and shared it to four social media pages to incite viewers to cast invalid votes at 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 or 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 defendant was charged on February 11, 2022.
An ICAC spokesperson expressed that following the amendments of the ECICO, the ICAC had 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 Antony Leung, assisted by ICAC officer Wincy Lai.