Hong Kong’s anti-graft agency charges 2 men for allegedly urging others to spoil ballots in Legco election
- Former student leader and welfare worker face legal consequences over reposting Facebook post by fugitive ex-lawmaker Ted Hui
- They are 4th and 5th people charged since ordinance was amended to make it illegal to boycott poll or cast invalid votes
Hong Kong’s anti-corruption watchdog has charged two men, including a former student leader from Chinese University, over social media posts allegedly inciting others to cast invalid votes in the Legislative Council election last year.
So Tsun-fung, 22, a former student union president at the university, and Chan Sing, 58, a welfare worker, will face charges under the Elections Corrupt and Illegal Conduct Ordinance when they appear at West Kowloon Court on Friday, according to the Independent Commission Against Corruption (ICAC).
The pair were the fourth and fifth people to be charged since the ordinance was amended last year to make it illegal to encourage others to boycott a poll or cast invalid ballots. The changes were part of a broader Beijing-led electoral overhaul aimed at ensuring only “patriots” held power in the city.
According to a statement issued by the ICAC on Wednesday, the two defendants would each face one count of engaging in illegal conduct to “incite another person not to vote, or to cast an invalid vote, by activity in public” during an election period.
The charge alleged that between October 30 and December 15, 2021 So, who is now a project officer, engaged in illegal conduct at the Legco election by carrying out an activity in public, “namely reposting on his social media page a post from a social media page of [Ted] Hui Chi-fung, which incited another person to deal with his or her ballot paper in any way that would render the ballot paper invalid at the 2021 Legco election”. Hui is a fugitive ex-lawmaker now living in South Australia.
It is alleged that Chan engaged in illegal conduct at the 2021 Legco election by reposting Hui’s message between October 30 and November 2, 2021.
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“The ICAC had earlier conducted investigations into online posts which incited others to cast blank votes at the 2021 Legco election,” the anti-corruption agency said.
“In accordance with established procedures, the findings of the investigation were forwarded to the Department of Justice for legal advice.”
Upon legal advice from the department, the ICAC charged So and Chan in separate cases on Wednesday. The duo were released on bail, and were set to appear at West Kowloon Court on Friday to plea.
According to the ICAC, the ordinance stipulates that “activity in public” includes any form of communication to the public, and the distribution or dissemination of any material to the public.
“The [ordinance] applies to all conduct concerning an election, whether the conduct takes place in Hong Kong or elsewhere,” the agency said in the statement.
The ICAC has arrested 30 people for the same offence, which carries a maximum penalty of three years in jail and a HK$200,000 (US$25,000) fine.
In November last year, a magistrate issued arrest warrants for former opposition lawmaker Ted Hui and former Sha Tin district councillor Yau Man-chun for allegedly inciting others via social media to cast blank ballots or not vote in the Legco election.
