Duo charged by ICAC for allegedly breaching ECICO by inciting others to cast blank votes at LegCo Election
2022-7-27
The ICAC today (July 27) charged two persons for allegedly reposting on their respective social media pages a post which incited others to cast blank votes at the 2021 Legislative Council General Election (2021 LegCo Election) during the election period.
The ICAC had earlier conducted investigations into online posts which incited others to cast blank votes at the 2021 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, So Tsun-fung, 22, project officer; and Chan Sing, 58, welfare worker, were charged in separate cases today.
The two defendants 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). They were released on ICAC bail, pending their court appearance in the West Kowloon Magistrates’ Courts on Friday (July 29) for plea.
The charge against So alleges that between October 30 and December 15, 2021, So engaged in illegal conduct at the 2021 LegCo Election by carrying out an activity in public, namely reposting on his social media page 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 2021 LegCo Election.
The charge against Chan alleges that he engaged in illegal conduct at the 2021 LegCo Election by reposting on his social media page the same post of Hui between October 30 and November 2, 2021.
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.
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 at the 2021 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, So Tsun-fung, 22, project officer; and Chan Sing, 58, welfare worker, were charged in separate cases today.
The two defendants 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). They were released on ICAC bail, pending their court appearance in the West Kowloon Magistrates’ Courts on Friday (July 29) for plea.
The charge against So alleges that between October 30 and December 15, 2021, So engaged in illegal conduct at the 2021 LegCo Election by carrying out an activity in public, namely reposting on his social media page 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 2021 LegCo Election.
The charge against Chan alleges that he engaged in illegal conduct at the 2021 LegCo Election by reposting on his social media page the same post of Hui between October 30 and November 2, 2021.
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.
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.