Three individuals were formally charged today by the Independent Commission Against Corruption (ICAC) for allegedly inciting others not to vote in the upcoming 2025 Legislative Council election by sharing social media posts. The three defendants—a mechanical engineer, a homemaker, and an unemployed man—face charges under the Elections (Corrupt and Illegal Conduct) Ordinance and are scheduled to appear in West Kowloon Magistrates’ Courts this afternoon. Simultaneously, authorities secured warrants for the arrest of two other men who allegedly created the original inciting posts and are believed to have left the jurisdiction.
The ICAC confirmed that the three individuals were initially arrested last Friday, and the Department of Justice subsequently advised proceeding with three separate cases. The three defendants are: Wong Kin-kwok, a 55-year-old air conditioning engineer; Lam Kin-sik, a 66-year-old unemployed man; and Ma Wai-ling, a 61-year-old homemaker. Each faces one count of engaging in illegal conduct by inciting another person not to vote through public activity during the election period, which violates Section 27A(1)(a) of the election ordinance.
Social Media Sharing Under Scrutiny
The charges stem from the defendants’ alleged actions during the defined “election period” for the 2025 Legislative Council election, which runs from the start of the nomination period (October 24, 2025) until polling day (December 7, 2025).
According to ICAC investigations, two other men, Kevin Keung Ka-wai, 34, and Tommy Tong Wai-hung, 44, originally posted content on their respective social media pages urging people not to participate in the election. Mr. Wong subsequently shared Mr. Keung’s post on his own social media page, while Mr. Lam and Ms. Ma reportedly shared Mr. Tong’s post on their individual accounts.
The ICAC confirmed that warrants have been issued for the arrests of Mr. Keung and Mr. Tong, who are both believed to be currently outside the territory. Both absconders face two similar counts of illegal conduct for displaying the original seditious posts on their social media profiles during the election period.
Maintaining Election Integrity
The ICAC issued a strong condemnation of the efforts to spread messages aimed at interfering with or undermining the Legislative Council election. This action underscores the territory’s strict enforcement of election laws, particularly concerning online incitement.
A spokesperson for the ICAC stressed that publicly inciting others not to vote or to cast invalid ballots during an election period constitutes a serious violation of Section 27A of the ordinance. Crucially, the commission emphasized that reposting or sharing such content is also an illegal act under the law.
Key Legal Takeaways for the Public:
- Sharing is illegal: Simply reposting or sharing content that incites others not to vote or to cast blank ballots can lead to criminal charges.
- The “election period” is enforceable: Activities in violation of Section 27A are prosecutable from the start of nominations until the vote.
- Zero tolerance: ICAC stated it is committed to upholding the integrity of the electoral process through firm and decisive enforcement against any acts of disruption or interference.
Authorities urged citizens to remain vigilant, adhere strictly to the law, and not be misled or exploited by unlawful actors seeking to compromise the fairness and transparency of the upcoming polls. The enforcement action serves as a definitive warning about the potential legal repercussions of spreading election boycott rhetoric, even through simple social media sharing.
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