Hong Kong Court Rejects Appeal in Case Over Social Media Post Encouraging Blank Votes

On December 16, Hong Kong's Court of Final Appeal ruled that sharing a social media post encouraging blank votes during an election constitutes electoral sabotage, rejecting the appeal of defendant So Chun-fung and upholding his original two-month prison sentence with a six-month suspension.

The case stems from the December 2021 Legislative Council election. In October 2021, former lawmaker Joshua Wong launched a campaign titled the 'Water Movement' on Facebook, urging followers to cast blank ballots as a form of protest against the government. He also encouraged others to share the post.

So Chun-fung later reposted the message on his Facebook account and was arrested in December 2021, subsequently charged.

At the initial trial, So denied the charges and argued they violated constitutional rights, including freedom of expression. However, after the magistrate ruled the electoral ordinance constitutional, So pleaded guilty and was sentenced to two months in prison, suspended for six months. He then appealed to the High Court, which dismissed his claim.

So escalated the case to the Court of Final Appeal, arguing that the conviction infringed on his right to free speech.

According to local media reports, all five judges unanimously rejected the appeal. Chief Justice Andrew Cheung stated in the judgment that encouraging abstention, blank votes, or invalid votes amounts to a call for election boycotts, which undermines the electoral system.

The judgment emphasized that the relevant provisions only restrict public conduct during elections and do not affect private discussions or individual voting decisions, thus imposing limited restrictions on freedom of expression.

Under Hong Kong law, it is illegal during an election period to publicly incite others not to vote, to cast blank votes, or to spoil ballots. Such acts are classified as electoral misconduct.