Woman charged, another wanted by ICAC for allegedly breaching ECICO by inciting others to cast invalid vote and not to vote at DC Election

2023-12-11

A woman was charged by the ICAC this morning (December 11) for allegedly displaying on a social media page an online post which incited others to cast invalid votes at the 2023 District Council Ordinary Election (DC Election) during the election period.

Yeung Sze-wing, 51, clerk, faces one count of engaging in illegal conduct to incite another person to cast invalid vote by activity in public during election period, contrary to section 27A(1)(b) of the Elections (Corrupt and Illegal Conduct) Ordinance (ECICO). She will be brought to the Eastern Magistrates’ Courts this morning for plea.

The 2023 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.

It is alleged that during the election period of the DC Election, Yeung reposted on a social media page an online post which incited others to deal with his or her ballot paper in any way that would render it invalid.

The ICAC investigation revealed that the online post reposted by Yeung was originally published by disqualified former District Councillor Leos Lee Man-ho on his personal social media page during the election period which called on others to boycott the DC Election. Yeung allegedly added a caption to the post inciting others to write their names and identity card numbers on the ballot papers, hence rendering the ballot papers invalid.

The ICAC sought legal advice from the Department of Justice in accordance with established procedures and charged Yeung this morning. As Lee had already left Hong Kong, a warrant for his arrest was issued by a Magistrate upon the application made to the court by the ICAC.

Lee, 29, faces one count of engaging in illegal conduct to incite another person not to vote by activity in public during election period, contrary to section 27A(1)(a) of the ECICO. During the election period of the DC Election, Lee allegedly displayed on his personal social media page the abovementioned post which incited others not to vote at the Election.

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 ECICO has extraterritorial effect and applies to all conduct concerning an election, be it engaged in within Hong Kong or elsewhere.

The ICAC wishes to remind members of the public that inciting others not to vote or to cast invalid votes in an election contravenes section 27A of the ECICO. Upon conviction, the offence warrants a maximum penalty of three years’ imprisonment and a fine of $200,000.
Back to Index