Man charged by ICAC sentenced for breaching ECICO by inciting others to cast blank votes at LegCo Election
2022-12-20
A man charged by the ICAC was today (December 20) sentenced to two months’ imprisonment, suspended for 18 months, after admitting at the Eastern Magistrates’ Courts that he had reposted on his social media page a post of Hui Chi-fung which incited others to cast blank votes at the 2021 Legislative Council General Election (2021 LegCo Election) during the election period.
Wong Chi-yan, 42, physiotherapist; today pleaded guilty to 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).
In sentencing, Principal Magistrate Miss Ivy Chui Yee-mei said the offence under Section 27A of the ECICO was serious in nature and that the act of the defendant would affect the fairness of an election.
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 election.
On October 30, 2021, which was the first day of the nomination period, the ICAC published a press statement on its official website to remind members of the public that inciting others not to vote or to cast invalid votes by activities in public during the election period would be in breach of Section 27A of the ECICO.
The court heard that the defendant had reposted and displayed during the election period on his social media page a post from Hui’s social media page which incited others to cast blank votes at the abovementioned 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. The ECICO applies to all conduct concerning an election, whether the conduct is engaged in within Hong Kong or elsewhere.
A warrant for the arrest of Hui, who had left Hong Kong, was issued by a Magistrate in late 2021 for allegedly inciting others to cast blank votes at the above election by displaying posts on his social media page.
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 investigation were forwarded to the Department of Justice for legal advice. Pursuant to the legal advice, the defendant was charged on November 9.
The prosecution was today represented by ICAC officers Adrian Yeung.
Wong Chi-yan, 42, physiotherapist; today pleaded guilty to 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).
In sentencing, Principal Magistrate Miss Ivy Chui Yee-mei said the offence under Section 27A of the ECICO was serious in nature and that the act of the defendant would affect the fairness of an election.
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 election.
On October 30, 2021, which was the first day of the nomination period, the ICAC published a press statement on its official website to remind members of the public that inciting others not to vote or to cast invalid votes by activities in public during the election period would be in breach of Section 27A of the ECICO.
The court heard that the defendant had reposted and displayed during the election period on his social media page a post from Hui’s social media page which incited others to cast blank votes at the abovementioned 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. The ECICO applies to all conduct concerning an election, whether the conduct is engaged in within Hong Kong or elsewhere.
A warrant for the arrest of Hui, who had left Hong Kong, was issued by a Magistrate in late 2021 for allegedly inciting others to cast blank votes at the above election by displaying posts on his social media page.
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 investigation were forwarded to the Department of Justice for legal advice. Pursuant to the legal advice, the defendant was charged on November 9.
The prosecution was today represented by ICAC officers Adrian Yeung.