• 09/21/2024

1 charged, 1 wanted by Hong Kong anti-graft watchdog after allegedly inciting boycott of ‘patriots’ District Council race

Hong Kong Free Press

election arrest

Hong Kong’s corruption watchdog has charged a man and issued a warrant for an overseas YouTube political commentator over allegedly inciting others not to vote in Sunday’s “patriots-only” District Council election.

ICAC
The Independent Commission Against Corruption (ICAC). File photo: Kyle Lam/HKFP.

The Independent Commission Against Corruption (ICAC) said in a statement on Tuesday that Man Wing-fung, a programmer, had allegedly shared a post on a social media platform that incited people to boycott the election.

The man was arrested on Monday and taken to Fanling Magistrates’ Courts on Tuesday afternoon. He was charged and granted HK$5,000 bail, and must abide by conditions including staying in Hong Kong.

ICAC also said authorities had issued an arrest warrant for the author of the online post, a YouTube political commentator named Wong Sai-chak. Wong, better known as Martin Oei, is from Hong Kong and now lives in Germany.

The watchdog said that the two men were suspected of breaching the Elections (Corrupt and Illegal Conduct) Ordinance, which governs “activity in public” during election periods.

A large banner is displayed to promote the 2023 District Council election on November 23, 2023. Photo: Kyle Lam/HKFP.
A large banner is displayed to promote the 2023 District Council election on November 23, 2023. File photo: Kyle Lam/HKFP.

Election laws were revised two years ago to make it illegal for anyone to encourage others not to vote, to spoil their ballot, or to leave it blank.

Election laws are enforced by the ICAC. Violators face up to three years behind bars and a fine of HK$200,000 for minor offences. Cases heard in a magistrates’ court, Hong Kong’s lowest court, are punishable by a maximum jail term of two years for a single offence.

“The [ordinance] has extraterritorial effect and applies to all conduct concerning an election, be it engaged in within Hong Kong or elsewhere,” the ICAC said, adding that “activity in public” included social media posts, as well as “the distribution or dissemination of any matter to the public.”

Wong Sai-chak's youtube channel. Photo: Screenshot of Youtube.
Wong Sai-chak’s youtube channel. Photo: Screenshot of Youtube.

The ICAC added that the overseas commentator faced three counts of the offence over a video and two posts that were published on three social media platforms.

Voter turnout

The upcoming election will be the first since the government announced an election overhaul in 2021 that introduced “patriotism“ requirements to the chief executive and Legislative Council races.

This year, authorities also announced major changes to the District Council elections, ensuring only “patriots” could run following a pro-democracy landslide at the last polls in 2019. The number of seats chosen democratically by the public were slashed from 452 to 88 – reducing the power of public votes to a fifth. The rest will be chosen by the city’s leader and government-appointed committees.

Reporters have asked government officials about potential voter turnout for Sunday’s restricted vote.

Tram advertisement to promote the 2023 District Council election on November 23, 2023. Photo: Kyle Lam/HKFP.
Tram advertisement to promote the 2023 District Council election on November 23, 2023. Photo: Kyle Lam/HKFP.

In the last District Council election, around 2.94 million Hongkongers cast their ballots. The 71.2 voting participation rate was a record turnout not just for District Council elections, but any election in the history of Hong Kong. 

Authorities have rolled out a series of measures and activities to encourage people to vote, including hosting outdoor music performances, a drone show, and a Security Bureau-themed exhibition on Saturday to enhance the election atmosphere.

The Hong Kong Science Museum, Hong Kong Space Museum, Hong Kong Museum of Art and Hong Kong Wetland Park will also offer free admission on Saturday.

The city’s leader Lee and Chief Secretary Eric Chan have repeatedly urged Hongkongers – especially civil servants – to vote on Sunday. The authorities said government employees should lead by example and fulfil their duty as citizens by voting.

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https://hongkongfp.com/2023/12/05/1-charged-1-wanted-by-hong-kong-anti-graft-watchdog-after-allegedly-inciting-boycott-of-patriots-district-council-race/