Hong Kong courts handed a suspended sentence to Man Wing Fung this Monday, following his plea of guilty for illegal conduct to encourage others not to vote during the time of the election. This activity contravenes section 27 of the Elections (Corrupt and Illegal Conduct) Ordinance, and Fung was given a two-month prison sentence, suspended for 18 months.
As per a local media report, Fung reposted materials from an overseas commenter Martin Oei, who claimed that the District Council election was illegitimate and advocated for reduced voter turnout. The judge ruled that since Fung’s post had limited dissemination and received no likes or shares, coupled with his clear criminal record and timely guilty plea, the judge suspended the imprisonment sentence for 18 months.
The overhaul of the District Council election by the Legislative Council in July 2023 drastically changed the voting process. Previously, all members were directly elected in each district, but after the reform, only 18.7% of members were selected by the District Council geographical constituency (DCGC) voters. The DCGC reported a voter turnout rate of only 27.54%, the lowest since the handover, while the DCC election recorded a voting rate of 96.92%.
The Hong Kong Independent Commission Against Corruption (ICAC) has issued warrants earlier for political commentators who incite others not to vote. The last election in 2019 saw the opposition camp securing 85 percent of the seats with a record-high voting rate of 71 percent. The Hong Kong government argued that by putting national security at the forefront and fully implementing the principle of patriots administering Hong Kong, the governance of the districts would be greatly enhanced.