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Hong Kong courts
Hong KongLaw and Crime

2 plead guilty to inciting others to cast invalid ballots in Hong Kong’s Legislative Council poll

  • Chan Kin-man and Alice Leung had shared a Facebook post by former opposition lawmaker Ted Hui calling on voters to cast blank ballots in December 19 election
  • Products manager Victor Chou, charged with three counts of same offence over his role in the election, released on bail to seek legal advice

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Salesman Chan Kin-man and office assistant Alice Leung pleaded guilty at Kwun Tong Court on Tuesday. Photo: Nora Tam
Brian Wong
The first pair of defendants prosecuted under a new Hong Kong law that prohibits the act of inciting others to boycott an election have pleaded guilty to spreading a fugitive politician’s message calling on voters to cast blank ballots in last year’s Legislative Council poll.

The first convictions under Section 27A of the Elections (Corrupt and Illegal Conduct) Ordinance came on Tuesday, just hours after a third suspect charged with the new offence was released on bail to seek legal advice.

Salesman Chan Kin-man, 36, and office assistant Alice Leung Yuet-sheung, 65, each pleaded guilty at Kwun Tong Court to a count of “engaging in illegal conduct to incite another person not to vote, or to cast an invalid vote, by activity in public during election period”.

The new offence was introduced in May 2021 as part of a broader Beijing-led electoral overhaul aimed at ensuring only “patriots” held power in the city. It outlaws inciting others to boycott a poll or cast invalid ballots during an election period.
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The court heard that both defendants had responded to online calls by former opposition lawmaker Ted Hui Chi-fung to share his “be water” strategy to “counter” the “unjust” electoral system.

Hui wrote on his official Facebook page on October 29 that a record number of invalid votes would be a practical and feasible way for Hongkongers to resist the “authoritarian regime”.

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“The ‘Be Water Plan’ I now propose aims to counter the new parliamentary structure under the authoritarian regime, hit back at the so-called ‘improved electoral system’ and demonstrate the people’s resolute resistance against tyranny,” Hui said.

Chan Kin-man and Alice Leung were arrested by the Independent Commission Against Corruption 10 days after reposting Ted Hui’s message. Photo: Xinhua
Chan Kin-man and Alice Leung were arrested by the Independent Commission Against Corruption 10 days after reposting Ted Hui’s message. Photo: Xinhua
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