17 Jan 2023法庭線#5958
金融從業員認FB轉發丘文俊籲投白票帖文 判囚2月、緩刑18月
In the December 2021 Legislative Council election, the Independent Commission Against Corruption earlier charged four people over reposting on Facebook during the election posts by former Legislative Council member Ted Hui, former spokesperson for the Hong Kong Higher Education Students’ International Affairs Delegation Sunny Cheung, and former district councillor Man Chun Yau, allegedly inciting others to cast blank votes or not vote. A 29-year-old financial worker pleaded guilty at the Eastern Magistrates’ Courts on Tuesday (the 17th) and was sentenced to two months’ imprisonment, suspended for 18 months.
2021 年 12 月立法會換屆選舉，廉署早前起訴 4 人涉在選舉期間於 Facebook 轉載前立法會議員許智峯、前大專學界國際事務代表團發言人張崑陽，以及前區議員丘文俊的帖文，涉煽惑他人投白票或不投票。當中 29 歲金融從業員周二（17日）在東區裁判法院認罪，被判囚 2 個月，緩刑 18 個月。
10 Jan 2023法庭線#5927
平面設計師涉FB轉發張崑陽籲投白票帖文 認罪囚2月、緩刑18月
The ICAC earlier charged four people over reposting on Facebook during the December 2021 Legislative Council election posts by former Legislative Council member Ted Hui, former spokesperson for the International Affairs Delegation of the former student sector, Cheung Kwan-yeung, and former district councillor Man Chun Yau, allegedly inciting others to cast blank votes or not vote. A 44-year-old graphic designer pleaded guilty at the Eastern Magistrates’ Courts on Tuesday (10th) and was sentenced to two months’ imprisonment, suspended for 18 months.
2021 年 12 月立法會換屆選舉，廉署早前起訴 4 人涉在選舉期間於 Facebook 轉載前立法會議員許智峯、前大專學界國際事務代表團發言人張崑陽，以及前區議員丘文俊的帖文，涉煽惑他人投白票或不投票。當中 44 歲平面設計師周二（10 日）在東區裁判法院認罪，被判囚 2 個月、緩刑 18 個月。
29 Dec 2022法庭線#5882
前中大學生會長蘇浚鋒認煽惑投白票 官裁控罪合憲 判囚2月緩刑18月
The magistrate ruled that inciting others not to vote or to cast blank ballots undermined the electoral system and affected the voting rights of other citizens. The offence had a legitimate purpose and did not target any particular political stance. So immediately pleaded guilty. In sentencing, the magistrate accepted that the defendant had a good background and a low likelihood of reoffending, and had committed the offence out of momentary foolishness and a lack of legal knowledge. The starting point was three months’ imprisonment; after a reduction for the guilty plea, So was sentenced to two months’ imprisonment, suspended for 18 months.
裁判官認為，煽惑他人不投票或投白票的行為，令選舉制度受挫，影響其他市民的投票權，控罪有其合法目的，亦沒有針對特定政治主張。蘇隨即認罪。裁判官判刑時接納被告有良好背景，重犯機會低，因一時愚蠢、缺乏法律常識而犯案，以監禁 3 個月作量刑起點，認罪扣減後判囚 2 個月，緩刑一年半。
20 Dec 2022法庭線#5856
物理治療師被指FB轉發許智峯帖文 認煽惑投白票罪 判囚2月、緩刑18月
The Independent Commission Against Corruption earlier charged four people over allegedly reposting on Facebook during the December 2021 Legislative Council election posts by former Legislative Council member Ted Hui, former spokesperson for the International Affairs Delegation of the tertiary student community Sunny Cheung, and former district councillor Man Chun Yau, allegedly inciting others to cast blank votes or not vote.
The 42-year-old physiotherapist pleaded guilty at the Eastern Magistrates’ Courts on Tuesday (20th) and was sentenced to two months’ imprisonment, suspended for 18 months. Principal Magistrate Tsui Yee-wai said the charge was serious and that the defendant’s indiscriminate reposting of the posts had affected the fairness of the election. However, she said she had taken into account the guilty plea, the defendant’s admission under caution that she had used the Facebook account in question to repost the posts, and the fact that the mitigation submissions showed the defendant had made donations. She considered that a suspended sentence could serve as a deterrent.
2021 年 12 月立法會換屆選舉，廉署早前起訴 4 人涉在選舉期間於 Facebook 轉載前立法會議員許智峯、前大專學界國際事務代表團發言人張崑陽，以及前區議員丘文俊的帖文，涉煽惑他人投白票或不投票。
當中 42 歲物理治療師周二（20 日）在東區裁判法院認罪，被判囚 2 個月、緩刑 18 個月。主任裁判官徐綺薇指，本案控罪嚴重，被告胡亂轉發帖文，影響選舉公平，但指考慮認罪、在警誡下認用涉案 Facebook 轉發帖文，而求情顯示有捐款，認為判緩刑可起警惕作用。
11 Nov 2022法庭線#5704
4 人涉轉載許智峯、張崑陽等貼文 被控煽惑立會選舉投白票或不投票 1 人認罪
Nearly a year after the 2021 Legislative Council election concluded, the Independent Commission Against Corruption on Wednesday (9th) charged four people with allegedly inciting others to cast blank ballots or not vote during the election. It said they had reposted or displayed on Facebook posts by former Legislative Council member Ted Hui, Sunny Cheung, spokesperson for the former Higher Institutions International Affairs Delegation, and former Sha Tin district councillor Man Chun Yau.
The four appeared at Eastern Magistrates’ Court for the first time on Friday (11th). One pleaded guilty. Chief Magistrate Ada Shun Yee Yim said the defendant had no criminal record and had shown remorse, and sentenced the person to two months’ imprisonment, suspended for 18 months. The other three applied to adjourn their cases until late November to January 2023 for a further hearing, and the applications were approved by the magistrate. All were continued on bail.
2021 年立法會換屆選舉結束近一年，廉政公署周三（9 日）起訴 4 人涉在選舉期間煽惑他人投白票或不投票，指他們在 Facebook 轉載或展示前立法會議員許智峯、前大專學界國際事務代表團發言人張崑陽，以及前沙田區議員丘文俊的貼文。
4 人周五（11 日）在東區裁判法院首提堂。其中 1 人認罪，主任裁判官嚴舜儀指無案底和有悔意，判監禁 2 個月、緩刑 18 個月。另外 3 人申請案件押後至 11 月底至 2023 年 1 月再訊，均獲裁判官批准。各人續准擔保。
9 Sept 2022獨媒#2445
涉FB轉載許智峯貼文 前中大學生會長否認煽惑投白票 爭議條例合憲性
The Independent Commission Against Corruption arrested several people in December last year over reposting on Facebook, during the 2021 Legislative Council election, of a post by former Democratic Party lawmaker Hui Chi-fung that incited others to cast blank ballots. The ICAC charged former CUHK student union president So Tsun-fung with violating the Elections Ordinance. So Tsun-fung denied the charge this morning at the West Kowloon Magistrates’ Courts, saying he would only challenge the constitutionality of the relevant ordinance and would plead guilty if it were ruled constitutional. The prosecution applied to adjourn the case to prepare for the legal challenge, but Magistrate CHAN Wai-mun rejected the application and set the trial for 1 December.
廉政公署去年12月拘捕多人，涉於2021年立法會選舉期間，在Facebook轉載前民主黨議員許智峯一個煽惑他人投白票的貼文。廉署落案起訴前中大學生會會長蘇浚鋒，控告他違反《選舉條例》。蘇浚鋒今早在西九龍裁判法院否認控罪，表明只爭議有關條例的合憲性，若條例被裁定合憲，他將會認罪。控方一度申請再押後案件來準備法律爭議，惟裁判官陳慧敏拒絕，定於12月1日開審。
26 Aug 2022法庭線#2390
福利工作員涉轉發許智峯帖文 認煽惑投白票罪 判囚兩個月緩刑一年半
The former president of the Chinese University Students’ Union So Tsun-fung and a 58-year-old welfare worker were accused of reposting online in 2021 a post by former Legislative Council member Ted Hui advocating blank votes in that year’s Legislative Council general election. They had earlier been charged with violating the Elections (Corrupt and Illegal Conduct) Ordinance. The welfare worker pleaded guilty at West Kowloon Magistrates’ Courts on Friday (26).
中大學生會前會長蘇浚鋒及 58 歲福利工作員，被指 2021 年在網上轉載前立法會議員許智峯，倡於同年立法會換屆選舉投白票的帖文，早前被起訴違反《選舉(舞弊及非法行為)條例》。福利工作員周五（26 日）在西九龍裁判法院承認控罪。
27 Jul 2022獨媒#2274
廉署起訴兩人涉轉載煽惑投白票貼文 包括前中大學生會長蘇浚鋒
The Independent Commission Against Corruption earlier arrested several people over reposting, during the 2021 Legislative Council election, a post by former Democratic Party lawmaker Ted Hui that incited people to cast blank votes in the election. The ICAC formally charged two people today (27th), including former CUHK Students’ Union president So Tsun-fung and a 58-year-old man who described himself as a welfare worker, alleging that they reposted the post on their personal social media pages. The two were granted bail by the ICAC and will appear at the West Kowloon Magistrates’ Courts on Friday (29th) to enter pleas.
廉政公署早前拘捕多人，涉於2021年立法會選舉期間，轉載前民主黨議員許智峯一個煽惑他人在選舉中投白票的貼文，廉署今（27日）正式落案起訴兩人，包括前中大學生會長蘇浚鋒及58歲報稱福利工作員的男子，指他們在個人社交媒體專頁轉載有關貼文。兩人獲廉署准予保釋，將於周五（29日）在西九龍裁判法院答辯。
19 Apr 2022獨媒#1927
煽惑投白票首案 兩男女認FB轉載許智峯貼文 判囚2個月緩刑18個月
During the 2021 Legislative Council election, a 36-year-old salesperson and a 65-year-old office assistant were arrested for reposting a Facebook post by Ted Hui calling on people to cast blank ballots. They pleaded guilty to the offence of inciting another person, by means of public activity during an election period, not to vote or to cast an invalid vote. Both were sentenced to two months’ imprisonment, suspended for 18 months. It was the first such case since the ordinance took effect in May last year.
2021年立法會選舉舉行期間，36歲銷售員及65歲辦公室助理涉轉載許智峯呼籲投白票的貼文被捕，兩人承認「選舉期間內作出藉公開活動煽惑另一人不投票或投無效」罪，判囚2個月緩刑18個月，為條例自去年5月生效以來的首宗案件。
16 Dec 2021立場新聞#1734
廉署起訴兩人煽惑他人投白票 涉轉載許智峯貼文
The Independent Commission Against Corruption charged two people who allegedly reposted on their personal social media pages a post inciting others to cast blank ballots during this year’s Legislative Council election.
廉政公署落案起訴兩人，涉嫌在今年的立法會選舉期間，於其個人社交媒體專頁轉載「煽惑他人投白票」的貼文。
Translations are supplied by the source workbook. Consult the original reporting for context.
