Can the public advocacy of a lawful electoral choice be criminalised, consistently with the freedom of expression and the right to equality before the law?

In HKSAR v So Tsun Fung [2026] HKCFA 25, the Hong Kong Court of Final Appeal has answered that question. In a judgment handed down today, the court upheld the constitutionality of section 27A of the Elections (Corrupt and Illegal Conduct) Ordinance, which makes it an offence, during an election period, to engage in public activity inciting others not to vote or to cast an invalid vote.

At the heart of the appeal lay a deeper question: what is the true purpose of an election, to maximise participation, or to guarantee and give effect to the free expression of the electors’ will?

In a new article, Carter Chim examines the competing arguments and the Court’s reasoning, including its treatment of Hong Kong’s distinctive constitutional setting under Articles 45 and 68 of the Basic Law.

Carter led Yvonne Leung of Erik Shum’s Chambers and Jason Szeto of Bernacchi Chambers for the Appellant, instructed by Ho Kan Lawyers.

Click here for the full article and here for the full judgment.