Four charged by ICAC for allegedly breaching ECICO by inciting others to cast blank votes or not to vote at LegCo Election
2022-11-9
The ICAC today (November 9) charged four persons, aged between 29 and 58, for allegedly reposting or displaying on their respective social media pages a post of Hui Chi-fung, Yau Man-chun or Sunny Cheung Kwan-yang which incited others to cast blank votes or not to vote at the 2021 Legislative Council General Election (2021 LegCo Election) during the election period.
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 investigations were forwarded to the Department of Justice for legal advice. Pursuant to the legal advice, four persons were charged in separate cases today. They were released on ICAC bail, pending their court appearance in the Eastern Magistrates’ Courts on Friday (November 11) for plea.
Wong Chi-yan, 42, physiotherapist; Yick Mabel, 58, unemployed; Wu Hong-ki, 44, graphic designer; and Kwok Kin-chiu, 29, financial dealer; each faces 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 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 2021 LegCo Election. 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.
It is alleged that during the election period of the 2021 LegCo Election, Wong and Yick reposted on their respective social media pages a post from a social media page of Hui which incited others to cast blank votes.
Wu allegedly reposted on his social media page a post from a social media page of Cheung which incited others not to vote during the above election period.
Also during the above election period, Kwok allegedly displayed on his social media page a post which incited others not to vote. Investigation revealed that the post was originally published by Yau on his social media page.
Hui, Yau and Cheung displayed posts on their respective social media pages or broadcast through a social media platform a discussion which incited others to cast blank votes or not to vote at the above election. Warrants for the arrest of the trio, who had left Hong Kong, had been issued by magistrates in late 2021.
The ECICO applies to all conduct concerning an election, whether the conduct is engaged in within Hong Kong or elsewhere. Any person who violates Section 27A of the ECICO is liable on conviction to a maximum penalty of a three-year imprisonment and a fine of $200,000.
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 investigations were forwarded to the Department of Justice for legal advice. Pursuant to the legal advice, four persons were charged in separate cases today. They were released on ICAC bail, pending their court appearance in the Eastern Magistrates’ Courts on Friday (November 11) for plea.
Wong Chi-yan, 42, physiotherapist; Yick Mabel, 58, unemployed; Wu Hong-ki, 44, graphic designer; and Kwok Kin-chiu, 29, financial dealer; each faces 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 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 2021 LegCo Election. 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.
It is alleged that during the election period of the 2021 LegCo Election, Wong and Yick reposted on their respective social media pages a post from a social media page of Hui which incited others to cast blank votes.
Wu allegedly reposted on his social media page a post from a social media page of Cheung which incited others not to vote during the above election period.
Also during the above election period, Kwok allegedly displayed on his social media page a post which incited others not to vote. Investigation revealed that the post was originally published by Yau on his social media page.
Hui, Yau and Cheung displayed posts on their respective social media pages or broadcast through a social media platform a discussion which incited others to cast blank votes or not to vote at the above election. Warrants for the arrest of the trio, who had left Hong Kong, had been issued by magistrates in late 2021.
The ECICO applies to all conduct concerning an election, whether the conduct is engaged in within Hong Kong or elsewhere. Any person who violates Section 27A of the ECICO is liable on conviction to a maximum penalty of a three-year imprisonment and a fine of $200,000.