Man charged by ICAC sentenced for breaching ECICO by inciting others not to vote at DC Election
2024-1-15
A man charged by the ICAC was today (January 15) sentenced to two months’ imprisonment, suspended for 18 months, after admitting at the Fanling Magistrates’ Courts that he had reposted on his social media page an online post which incited others to boycott the 2023 District Council Ordinary Election (DC Election) during the election period.
Man Wing-fung, 38, analyst programmer, today pleaded guilty to 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).
In sentencing, Acting Principal Magistrate Ms Peony Wong Nga-yan remarked that the present case involved an offence of serious nature. A suspended sentence was imposed on the defendant, having considered his guilty plea and other mitigating factors.
The 2023 DC Election was open for nominations from October 17, 2023. According to the ECICO, the period between that day and the polling day (December 10, 2023) was defined as the “election period” of the election.
The court heard that on October 31, 2023, which fell into the election period of the 2023 DC Election, Man displayed on his personal social media page an online post which incited others not to vote at the election.
ICAC investigation revealed that the online post was originally published by Wong Sai-chak on two social media platforms during the election period. The online post published by Man also contained a hyperlink to a live video which Wong broadcast on a social media channel, inciting others not to vote at the 2023 DC Election.
During the election period of the 2023 DC Election, Wong allegedly displayed the video and two online posts which incited others not to vote at the election on three social media platforms. A warrant for the arrest of Wong, who had left Hong Kong, was earlier issued by a Magistrate.
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.
In order to curb any acts that may manipulate and undermine an election, a new provision was introduced in 2021 against “inciting others not to vote, or to cast invalid votes, by activity in public during an election period” under Section 27A of the ECICO. Any person who violates the provision is liable on conviction to a maximum penalty of a three-year imprisonment and a fine of $200,000.
The prosecution was today represented by ICAC officer Stephen Leung.
Man Wing-fung, 38, analyst programmer, today pleaded guilty to 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).
In sentencing, Acting Principal Magistrate Ms Peony Wong Nga-yan remarked that the present case involved an offence of serious nature. A suspended sentence was imposed on the defendant, having considered his guilty plea and other mitigating factors.
The 2023 DC Election was open for nominations from October 17, 2023. According to the ECICO, the period between that day and the polling day (December 10, 2023) was defined as the “election period” of the election.
The court heard that on October 31, 2023, which fell into the election period of the 2023 DC Election, Man displayed on his personal social media page an online post which incited others not to vote at the election.
ICAC investigation revealed that the online post was originally published by Wong Sai-chak on two social media platforms during the election period. The online post published by Man also contained a hyperlink to a live video which Wong broadcast on a social media channel, inciting others not to vote at the 2023 DC Election.
During the election period of the 2023 DC Election, Wong allegedly displayed the video and two online posts which incited others not to vote at the election on three social media platforms. A warrant for the arrest of Wong, who had left Hong Kong, was earlier issued by a Magistrate.
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.
In order to curb any acts that may manipulate and undermine an election, a new provision was introduced in 2021 against “inciting others not to vote, or to cast invalid votes, by activity in public during an election period” under Section 27A of the ECICO. Any person who violates the provision is liable on conviction to a maximum penalty of a three-year imprisonment and a fine of $200,000.
The prosecution was today represented by ICAC officer Stephen Leung.