Man charged by ICAC sentenced for breaching ECICO by inciting others not to vote at LegCo Election
2023-1-10
A man charged by the ICAC was today (January 10) sentenced to two months’ imprisonment, suspended for 18 months, after admitting at the Eastern Magistrates’ Courts that he had reposted on his social media page a post of Sunny Cheung Kwan-yang which incited others not to vote at the 2021 Legislative Council General Election (2021 LegCo Election) during the election period.
Wu Hong-ki, 44, graphic designer, today pleaded guilty before Magistrate Mr Jason Wan Siu-ming 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).
The court heard that 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 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 December 15, 2021, the defendant reposted on his social media page a post from Cheung’s social media page which incited others not to vote at the abovementioned election. The post was displayed on the defendant’s social media page during the election period.
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.
A warrant for the arrest of Cheung, who had left Hong Kong, was issued by a Magistrate in late 2021 for allegedly inciting others not to vote at the above election by displaying posts on his social media page.
The ICAC had earlier conducted investigations into online posts which incited others to cast blank votes or not to vote at the 2021 LegCo Election. In accordance with established procedures, the findings of the investigation were forwarded to the Department of Justice for legal advice. Pursuant to the legal advice, nine people were charged with breaching Section 27A of the ECICO. Eight defendants, who pleaded guilty, were each sentenced to two months’ imprisonment, suspended for 18 to 24 months. The remaining defendant has yet to enter plea.
The prosecution was today represented by ICAC officer Pius Chan.
Wu Hong-ki, 44, graphic designer, today pleaded guilty before Magistrate Mr Jason Wan Siu-ming 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).
The court heard that 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 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 December 15, 2021, the defendant reposted on his social media page a post from Cheung’s social media page which incited others not to vote at the abovementioned election. The post was displayed on the defendant’s social media page during the election period.
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.
A warrant for the arrest of Cheung, who had left Hong Kong, was issued by a Magistrate in late 2021 for allegedly inciting others not to vote at the above election by displaying posts on his social media page.
The ICAC had earlier conducted investigations into online posts which incited others to cast blank votes or not to vote at the 2021 LegCo Election. In accordance with established procedures, the findings of the investigation were forwarded to the Department of Justice for legal advice. Pursuant to the legal advice, nine people were charged with breaching Section 27A of the ECICO. Eight defendants, who pleaded guilty, were each sentenced to two months’ imprisonment, suspended for 18 to 24 months. The remaining defendant has yet to enter plea.
The prosecution was today represented by ICAC officer Pius Chan.