The Independent Commission Against Corruption announced today (29th) that a warrant has been issued by a magistrate for the wanted former Legislative Council member Xu Zhifeng and former district councillor Yau Man-jun, who has left Hong Kong, for allegedly violating the Election (Corrupt and Illegal Conduct) Ordinance ("Ordinance") Article 27A, that is, "the illegal act of inciting another person not to vote or cast an invalid vote through public activities during the election period."
Former member of the Legislative Council, Xu Zhifeng, posted on social networking sites earlier, calling for a blank vote on the day of the Legislative Council election.
(Profile picture)
The ICAC pointed out that Xu Zhifeng and Yau Wenjun were suspected of violating Article 27A of the Ordinance during the election period of the 2021 Legislative Council general election. Posts were displayed on the media pages to inspire the public to vote in vain and not to vote in the Legislative Council elections.
The ICAC has launched an investigation into the relevant post earlier, and in accordance with established procedures, seeks legal advice from the Department of Justice on the investigation results.
The relevant legal opinion held that there was sufficient evidence to prosecute the two.
Because the two have left Hong Kong, the ICAC applied for a warrant to the Magistrates' Court this morning. The two were wanted to be brought to justice, and the warrant was issued by the Magistrate.
Xu Zhifeng and Qiu Wenjun, both 39 years old, faced four and eight charges respectively, both of which violated section 27A of the Ordinance.
The nomination period for the Legislative Council election began on October 30. According to the Ordinance, from that day to the polling day (i.e. December 19) is defined as the "election period" for this election.
The Ordinance stipulates that "public activities" include any form of communication to the public, as well as the distribution or dissemination of any materials to the public.
The "Regulations" apply to all conduct related to elections, regardless of whether the conduct is performed in Hong Kong or elsewhere.
Anyone who commits the crime can be sentenced to a maximum of three years’ imprisonment and a fine of 200,000 yuan upon conviction.
The ICAC urges citizens to strictly abide by laws and regulations, refrain from participating in illegal appeals or reprinting relevant illegal content, and jointly maintain the integrity and fairness of the election.
The ICAC will continue to strictly enforce the law, crack down on the manipulation or sabotage of elections, and ensure that the elections are fair and just.
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