Since 2021, it has been a criminal offence in Hong Kong to publicly incite another person to cast an invalid vote or to abstain from voting during an election period. Offenders have frequently received custodial sentences, even where their conduct was peaceful and did not involve inciting hatred, intolerance, discrimination, violence, or other criminal acts.
In 2022, Mr So Tsun Fung, former President of the Chinese University of Hong Kong Student Union, mounted a constitutional challenge to section 27A of the Elections (Corrupt and Illegal Conduct) Ordinance (Cap. 554) (“ECICO”). His challenge was dismissed at first instance by a Deputy Magistrate and, on appeal, by a Deputy High Court Judge. Mr So then sought leave to appeal to the Court of Final Appeal.
On 17 October 2025, the Appeal Committee of the Court of Final Appeal (Ribeiro PJ, Fok PJ, and Lam PJ) granted leave to appeal on the following questions:
Question 1
Whether the offence created under section 27A of the ECICO unconstitutionally infringes the right to freedom of expression under Articles 27 and 39 of the Basic Law and Article 16(2) of the Hong Kong Bill of Rights (“BOR”).
Question 2
Whether the offence created under section 27A of the ECICO unconstitutionally infringes the right to equality before the law under Article 25 of the Basic Law and Articles 1(1) and 22 of the BOR.
The appeal is scheduled to be heard on 20 May 2026.
Carter Chim, together with Yvonne Leung and Jason Szeto, instructed by Ho Kan Lawyers, acts for Mr So.