One charged, another wanted by ICAC for allegedly breaching ECICO by inciting others not to vote at DC Election
2023-12-5
A man was charged by the ICAC this morning (December 5) for allegedly reposting on his personal social media page an online post which incited others to boycott the 2023 District Council Ordinary Election (DC Election) during the election period. A warrant has been issued by a Magistrate for the arrest of the author of the online post.
Man Wing-fung, 38, analyst programmer, 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 Elections (Corrupt and Illegal Conduct) Ordinance (ECICO). He will be brought to the Fanling Magistrates’ Courts this afternoon 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 on October 31, 2023, during the election period of the DC Election, Man displayed on his personal social media page an online post which incited others not to vote at the DC Election.
The ICAC investigation revealed that Man reposted the online post originally published by Wong Sai-chak on two social media platforms during the election period. The online post contained a hyperlink to a live video which Wong broadcast on a social media channel, inciting others not to vote at the DC Election.
The ICAC forwarded the findings of the investigation to the Department of Justice for legal advice in accordance with established procedures and charged Man this morning. As Wong 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.
Wong Sai-chak, 45, faces three counts 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 2023 DC Election, Wong allegedly displayed on three social media platforms the video and two posts which incited others not to vote at 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 ECICO stipulates that “activity in public” includes any form of communication to the public (such as online social media videos and online posts) and the distribution or dissemination of any matter to the public.
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 contravenes 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.
Man Wing-fung, 38, analyst programmer, 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 Elections (Corrupt and Illegal Conduct) Ordinance (ECICO). He will be brought to the Fanling Magistrates’ Courts this afternoon 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 on October 31, 2023, during the election period of the DC Election, Man displayed on his personal social media page an online post which incited others not to vote at the DC Election.
The ICAC investigation revealed that Man reposted the online post originally published by Wong Sai-chak on two social media platforms during the election period. The online post contained a hyperlink to a live video which Wong broadcast on a social media channel, inciting others not to vote at the DC Election.
The ICAC forwarded the findings of the investigation to the Department of Justice for legal advice in accordance with established procedures and charged Man this morning. As Wong 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.
Wong Sai-chak, 45, faces three counts 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 2023 DC Election, Wong allegedly displayed on three social media platforms the video and two posts which incited others not to vote at 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 ECICO stipulates that “activity in public” includes any form of communication to the public (such as online social media videos and online posts) and the distribution or dissemination of any matter to the public.
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 contravenes 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.