Man arrested by ICAC for allegedly breaching ECICO by inciting others not to vote at DC Election
2023-12-4
In a law enforcement action taken today (December 4), the ICAC arrested a man for allegedly breaching Section 27A of the Elections (Corrupt and Illegal Conduct) Ordinance (ECICO) by “inciting another person not to vote, or to cast invalid vote, by activity in public during election period”.
The arrestee, an analyst programmer aged 38, allegedly reposted on an online social media platform a post which incited others to boycott the 2023 District Council Ordinary Election (DC Election) during the election period. ICAC officers had seized a mobile phone of the arrestee in the operation. The ICAC does not rule out further law enforcement actions while the arrestee is being detained for investigation. In accordance with established procedures, the findings of an investigation will be forwarded to the Department of Justice upon completion of investigations for legal advice on whether there is sufficient evidence to instigate a prosecution.
To ensure the election be conducted in a fair, just and clean manner, the ICAC, being the government department responsible for enforcing the ECICO, will seriously pursue any conduct that are in breach of the ordinance and in accordance with the law. The ICAC wishes to remind members of the public that inciting others to boycott an election may contravene Section 27A of the ECICO. Upon conviction, the offence warrants a maximum penalty of three years’ imprisonment and a fine of $200,000.
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. Educational and reference materials relating to the DC Election produced by the ICAC are available from the Commission’s dedicated webpage at www.icac.org.hk/elections.
The DC Election was open for nominations from October 17 this year. According to the ECICO, the period between that day and the polling day (December 10, 2023) is defined as the “election period” of the election. The ECICO stipulates that “activity in public” includes any form of communication to the public, including online social media posts, and the distribution or dissemination of any matter to the public. The ECICO has extraterritorial effect and applies to all conduct concerning an election, be it engaged in within Hong Kong or elsewhere.
The arrestee, an analyst programmer aged 38, allegedly reposted on an online social media platform a post which incited others to boycott the 2023 District Council Ordinary Election (DC Election) during the election period. ICAC officers had seized a mobile phone of the arrestee in the operation. The ICAC does not rule out further law enforcement actions while the arrestee is being detained for investigation. In accordance with established procedures, the findings of an investigation will be forwarded to the Department of Justice upon completion of investigations for legal advice on whether there is sufficient evidence to instigate a prosecution.
To ensure the election be conducted in a fair, just and clean manner, the ICAC, being the government department responsible for enforcing the ECICO, will seriously pursue any conduct that are in breach of the ordinance and in accordance with the law. The ICAC wishes to remind members of the public that inciting others to boycott an election may contravene Section 27A of the ECICO. Upon conviction, the offence warrants a maximum penalty of three years’ imprisonment and a fine of $200,000.
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. Educational and reference materials relating to the DC Election produced by the ICAC are available from the Commission’s dedicated webpage at www.icac.org.hk/elections.
The DC Election was open for nominations from October 17 this year. According to the ECICO, the period between that day and the polling day (December 10, 2023) is defined as the “election period” of the election. The ECICO stipulates that “activity in public” includes any form of communication to the public, including online social media posts, and the distribution or dissemination of any matter to the public. The ECICO has extraterritorial effect and applies to all conduct concerning an election, be it engaged in within Hong Kong or elsewhere.