Hong Kong elections: can blank votes be outlawed and will Beijing be embarrassed by low turnout?

Minister says inciting voters to leave ballot papers blank could violate Basic Law, but analysts warn banning the practice could hamper turnout, raise legitimacy questions

Three Hong Kong polls approaching in wake of Beijing’s drastic overhaul of city’s electoral system, which includes patriotism test for candidates

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Hongkongers queue up to cast their votes for the District Council Elections in Sha Tin in November 2019. Photo: EPA-EFE

Published: 8:00am, 12 Apr 2021Updated: 8:17am, 12 Apr 2021

Three elections coming up in Hong Kong will play out in a dramatically reshaped political landscape following Beijing’s sweeping overhaul of the city’s electoral system, and there have already been calls for voters to protest by casting blank ballots.

So much will be different, from an expanded Legislative Council to an enlarged Election Committee with wider powers, as well as the potential disqualification of opposition candidates deemed not patriotic enough to run.

Top officials hit a raw nerve with observers and the opposition by warning that the authorities could outlaw attempts to encourage protest votes in the coming elections.

Secretary for Constitutional and Mainland Affairs Erick Tsang Kwok-wai declared last week that “encouraging, organising or inciting” others to cast blank votes could be seen as manipulating elections, a possible violation of Annex I of the Basic Law, the city’s mini-constitution.

Analysts warned that imposing a ban could prove embarrassing to the government, as it could result in a lower voter turnout and put the legitimacy of local elections in further doubt.

Pro-establishment heavyweights such as constitutional law expert and former Basic Law Committee member Albert Chen Hung-yee believe it is in Hong Kong’s best interests to refrain from criminalising calls for blank votes.