The Hong Kong Election Observation Project (HKEOP) recently made an inquiry in writing about the outcome of cases involving Section 27A(1) of the Elections (Corrupt and Illegal Conduct) Ordinance (ECICO https://www.elegislation.gov.hk/hk/cap554?xpid=ID_1620979237021_001) with respect to the 2021 Legislative Council Election and the 2023 District Council Election. The newly added Section has made “to incite another person not to vote, or to cast invalid vote, by activity in public during election period” a new criminal offence. Any person, if tried on indictment, is liable on conviction to a fine of $200,000 and to imprisonment for 3 years. The Electoral Affairs Commission’s reports on the elections indicate that there were 20 cases received during the Complaints Handling Period of the 2021 Legislative Council Election; and 12 such cases during the 2023 District Council Election.

HKEOP learnt that as of today, all the investigations were concluded, and the breakdown of the all the 12 cases that were heard in court since the new ECICO provision has been introduced can be seen in the attachment below.  Basically, these individuals shared on social media platforms calls made by activists who are based overseas for boycotting the elections. All 12 defendants pleaded guilty and were sentenced to two months' imprisonment, suspended for 18 months or 24 months. One defendant appealed and judgement pending as of today.

We are grateful to the Independent Commission Against Corruption, Hong Kong Special Administrative Region (ICAC) for responding to our inquiry and for providing the summary of the 12  cases in question.  

5 December 2024.