Inciting others to cast invalid vote in District Council Election will contravene the electoral law

2023-11-29

The District Council Ordinary Election is scheduled to take place on December 10, 2023. To ensure the election be conducted in a fair, just and clean manner, the ICAC, being the government department responsible for enforcing the Elections (Corrupt and Illegal Conduct) Ordinance (ECICO), will seriously pursue any conduct that are in breach of the ordinance and in accordance with the law.

It has come to the ICAC’s attention that a recent social media post has called on others to put two ticks on their ballot papers. The Commission wishes to remind members of the public that putting two ticks on ballot papers will render them invalid. Anyone who incites another person to deal with a ballot paper that would render it invalid may contravene Section 27A of the ECICO, namely “engaging in illegal conduct of inciting another person not to vote, or to cast invalid vote, by activity in public during election period”. Upon conviction, the offence warrants a maximum penalty of three years’ imprisonment and a fine of $200,000.

The ECICO applies to all conduct concerning an election, be it engaged in within Hong Kong or elsewhere. The ICAC will take resolute enforcement actions to combat all conduct which may constitute a breach of the ordinance.

The ICAC urges members of the public to abide by the law and not to engage in illegal appeals or repost any unlawful contents in order to uphold a fair and clean election.

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