專員隨筆
Commissioner Online

An all-out effort to safeguard clean Legislative Council General Election

The 2021 Legislative Council (LegCo) General Election will be held on December 19. The ICAC, which enforces the Elections (Corrupt and Illegal Conduct) Ordinance (ECICO), has a statutory duty to ensure it be conducted in a fair and clean manner. The Commission attaches utmost importance to the upcoming election which is the first large scale public election under the new electoral system. We will discharge our duty through strict law enforcement, meticulous prevention, as well as comprehensive education.

Under the new electoral system, two new offences have been introduced to the ECICO, namely the corrupt conduct of "wilfully obstructing or preventing others from voting at the election" and the illegal conduct of "inciting another person not to vote or to cast invalid vote at the election by activity in public during the election period". I believe they are the major concerns of the public. In response to the disorder that took place during the 2019 District Council Election, the relevant amendments would ensure a smooth voting process and election.

Over the past few weeks, my colleagues and I had spoken, on various occasions, about the ICAC's deployment and strategy for the LegCo election through different media platforms. Here I would like to highlight the following key messages:

ICAC fully mobilised to combat corrupt and illegal conduct

As at November 30, the ICAC has received a total of 12 complaints regarding the 2021 LegCo General Election, most of which concerned one of the new offences – inciting others not to vote or to cast invalid votes by activity in public during election period under S.27A of the ECICO.

In fact, it had earlier come to ICAC's knowledge that appeals were made on the Internet to members of the public to cast blank votes or boycott the LegCo election. We had swiftly issued a statement and took enforcement action on November 9, arresting three persons who reposted the online message and the investigation is still ongoing. Meanwhile, we obtained warrants from a Magistrate on November 29 for the arrest of two persons who had allegedly breached the electoral law. Once again, I wish to remind the public that any person who incites another person not to vote, or to cast invalid vote, by activity in public during election period is an illegal conduct, regardless of whether the conduct is engaged in Hong Kong or elsewhere. The Commission will continue to closely monitor online comments and messages with a view to taking appropriate actions when necessary.

We have also noticed that individual organisations recently conducted opinion polls with voters. Members of the public are reminded that regardless of the format of the poll, if it involves distributing or disseminating any material for inciting others not to vote or cast invalid votes (including blank votes) at the election, such acts constitute illegal conducts and breaches of the ECICO.

In view of the legal amendments and the scale of the election, the ICAC is also gearing up internally. We have organised a number of briefing sessions for colleagues to ensure that they fully understand the new provisions as well as the operational plan and their respective duties on polling day.

On polling day, the ICAC will mobilise about 800 frontline officers to handle public enquiries and complaints swiftly at polling stations. They will also observe the polling and vote-counting process at individual polling stations. Other ICAC units, including those responsible for operating the report and enquiry hotlines, news announcements as well as website management will also stand ready to deal with any unexpected circumstances.

An "all embracing" education in the community

On the educational front, the ICAC has adopted an "all-embracing" education and corruption prevention strategy to ensure integrity messages are disseminated to stakeholders of the election. We seize every opportunity to interact with members of the public, aiming to clarify their queries regarding the electoral law and promote the clean election message.

Meanwhile, we appreciate that many of the 153 validly nominated candidates confirmed by the Candidate Eligibility Review Committee are participating in public elections for the first time. The ICAC had organised an online briefing session for all candidates, agents and their helpers to explain the key elements of the law. Upon submitting their nominations, the candidates were given a Clean Legislative Council Election Information Booklet produced by the ICAC, with highlights of major provisions of the ECICO, including detailed explanation of the two newly introduced offences.

To enhance their understanding of the electoral law, the Community Relations Department (CRD) has conducted around 150 briefings for different organisations, political parties and individuals who wish to take part in the elections. We also attended briefings organised by the Electoral Affairs Commission for election candidates, agents and their helpers. Meanwhile, taking into account the scale of the election, around 50 briefings will be organised for over 30,000 polling station staff in order to enhance their awareness of possible corruption risks in the voting and counting procedures, as well as other electoral offences.

In addition, the clean election messages are also disseminated by CRD officers in over 50 Flash Roadshows in major urban areas, public housing estates and shopping malls across 18 districts. We have also approached professional bodies, tertiary institutes and elderly centres to promote the importance of upholding a clean election.

The new electoral system reinforces the constitutional order and implementation of "One Country, Two Systems". It helps pave the way for good governance. Now that the LegCo General Election is less than three weeks away, I wish to call on candidates, election helpers and voters to abide by the law. The ICAC will relentlessly uphold the fairness and integrity of the election, and resolutely combat all corrupt and illegal conducts.

I also wish to appeal to all eligible electors to vote. Together let us safeguard a clean election culture and build a better future for Hong Kong.