Ex-student leader seeks to challenge Hong Kong election law over inciting blank votes in 2021 ‘patriots-only’ legislative race
Hong Kong Free Press
A former student leader in Hong Kong who pleaded guilty to inciting others to cast blank votes during the “patriots-only” legislative election in 2021 has filed an appeal, reportedly to challenge the constitutionality of the election law.
Jacky So, the ex-president of Chinese University of Hong Kong’s (CUHK) students’ union, was handed a two-month suspended sentence last December after pleading guilty to inciting others to cast blank or invalid votes. He launched an appeal by way of case stated, local media reported on Monday.
An appeal by way of case stated focuses on the legal issues that arise during a trial, and is “a review… on the limited ground that there is an error of law or an excess of jurisdiction,” according to a legislative document.
So was accused of sharing a Facebook post by self-exiled former lawmaker Ted Hui ahead of the 2021 Legislative Council election, which allegedly incited others to cast blank ballots in the poll. During the trial in last December, his challenge of constitutionality the election law was dismissed by the court.
Barrister Carter Chim, who represented So in the trial, argued that the law created “inequality” for those who advocated invalid ballots because of their political opinion, adding that such advocacies would not “sabotage” an election.
But then-deputy magistrate Kennis Tai ruled that the law was “reasonable and necessary,” as calling on people to cast invalid ballots would “influence the public with collective power on whether they cast their ballots, or what their votes would be.”
The law still permitted people to cast an invalid votes for themselves. It only outlawed the act of encouraging others to do so, the judge added.
The judiciary is yet to schedule a hearing for So’s appeal.
The Legislative Council elections in 2021 were the first since the government ordered an overhaul, allowing only “patriots” to run. The number of publicly elected seats was also slashed. Traditional opposition parties did not field any hopefuls, and only one self-proclaimed non-establishment candidate obtained a seat in the 90-strong legislature.
Six arrested over District Council race
News of So’s legal challenge over inciting blank votes during the Legislative Council election in 2021 came as Hong Kong saw its first “patriots-only” District Council race on Sunday. There were a total of six known arrests over alleged calls to cast invalid ballots and suspected acts to interfere with the polls.
Among the six were three members of pro-democracy group League of Social Democrats (LSD), who were detained on early Sunday ahead of a planned protest outside a polling station. The Independent Commission Against Corruption (ICAC) said later that it had arrested three people on suspicion of inciting others to boycott the local election.
The alleged act may breach the Elections (Corrupt and Illegal Conduct) Ordinance by calling on others not to vote or to cast an invalid vote in the election, the ICAC said.
The anti-corruption watchdog also arrested a 41-year-old government employee and her husband on suspicion of inciting others to cast invalid votes, as well as a 51-year-old woman for allegedly calling on others to write their names and identity card numbers on the ballot papers, which would render the votes invalid.
The woman was also said to have shared an online post by former Sham Shui Po district councillor Leos Lee – who had already left Hong Kong – in which he urged a boycott of the elections. An arrest warrant for Lee has been issued.
Hong Kong criminalised calling for others to spoil or cast blank ballots in elections in 2021 as part of a Beijing-led overhaul of the city’s electoral system. Those convicted could face up to three years in prison and a fine of HK$200,000.
The legislation forbids anyone from encouraging people not to vote and spoil or leave their ballot paper blank. Those who “wilfully obstruct and prevent” others from voting in an election will also be considered to have engaged in “corrupt conduct,” which will be subject to prosecution by the ICAC.
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