Woman charged by ICAC sentenced for breaching ECICO by inciting others to cast invalid vote at DC Election
2024-1-22
A woman charged by the ICAC was today (January 22) sentenced to two months’ imprisonment, suspended for two years, after admitting at the Eastern Magistrates’ Courts that she had displayed 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, today pleaded guilty to 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).
In sentencing, Principal Magistrate Miss Ivy Chui Yee-mei remarked that the acts of the defendant undermined the fairness of an election and the offence involved was serious in nature. But the court meted out a suspended sentence, having considered the defendant’s 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 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 also 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.
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 DC Election. A warrant for the arrest of Lee, 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 Tom Li.
Yeung Sze-wing, 51, clerk, today pleaded guilty to 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).
In sentencing, Principal Magistrate Miss Ivy Chui Yee-mei remarked that the acts of the defendant undermined the fairness of an election and the offence involved was serious in nature. But the court meted out a suspended sentence, having considered the defendant’s 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 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 also 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.
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 DC Election. A warrant for the arrest of Lee, 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 Tom Li.