Duo suspected of inciting others to cast invalid vote at DC Election arrested by ICAC for allegedly breaching ECICO
2023-12-10
In a law enforcement action taken today (December 10), the ICAC arrested a couple for allegedly inciting others on the Internet to cast invalid vote at the 2023 District Council Ordinary Election (DC Election), contravening 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 arrested couple, both aged 41, is a woman who works at the Department of Health as Clerical Officer and an unemployed man. They allegedly incited others to cast invalid votes at the DC Election during the election period by leaving a comment in a post of an online social media page which incited others to put three or more ticks on their ballot papers at the election.
In accordance with a warrant issued by a Magistrate, ICAC officers had searched the residence of the arrestees and seized their mobile phones. The duo are being detained for investigation and the ICAC does not rule out further law enforcement actions. In accordance with established procedures, upon completion of an investigation, the findings will be forwarded to the Department of Justice 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 combat any conduct which might undermine and manipulate the election.
The ICAC wishes to remind members of the public that inciting others to cast invalid votes at 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.
The Registration and Electoral Office earlier reiterated the relevant electoral legislation clearly stipulated that when an elector of the District Council geographical constituency in the DC Election cast his / her vote, he / she should only stamp one tick in the designated circle opposite the name of the relevant candidate using the chop provided at the polling station to clearly indicate his / her choice of candidate. Each elector can only stamp one tick on the ballot paper for one candidate of his / her choice (i.e. there should only be one tick marked on the ballot paper) or the ballot paper will be deemed as invalid.
The arrested couple, both aged 41, is a woman who works at the Department of Health as Clerical Officer and an unemployed man. They allegedly incited others to cast invalid votes at the DC Election during the election period by leaving a comment in a post of an online social media page which incited others to put three or more ticks on their ballot papers at the election.
In accordance with a warrant issued by a Magistrate, ICAC officers had searched the residence of the arrestees and seized their mobile phones. The duo are being detained for investigation and the ICAC does not rule out further law enforcement actions. In accordance with established procedures, upon completion of an investigation, the findings will be forwarded to the Department of Justice 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 combat any conduct which might undermine and manipulate the election.
The ICAC wishes to remind members of the public that inciting others to cast invalid votes at 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.
The Registration and Electoral Office earlier reiterated the relevant electoral legislation clearly stipulated that when an elector of the District Council geographical constituency in the DC Election cast his / her vote, he / she should only stamp one tick in the designated circle opposite the name of the relevant candidate using the chop provided at the polling station to clearly indicate his / her choice of candidate. Each elector can only stamp one tick on the ballot paper for one candidate of his / her choice (i.e. there should only be one tick marked on the ballot paper) or the ballot paper will be deemed as invalid.