Fair election ensured: CE

November 23, 2021

Chief Executive Carrie Lam:
Regarding what is legal, what is illegal, one has to look at the law - what does the law say about the legality of a certain act or activity. 

Secondly, one has to look at the evidence in order to justify that a certain act or activity is breaching the law. 

And thirdly, it has to be a decision to prosecute made by independent prosecutors and finally, adjudicated by the independent courts in Hong Kong.

In our work to enact local legislation to put into effect the National People's Congress (NPC)'s decision and the amendments to Annex I and Annex II (of the Basic Law), we have introduced two offences because the NPC's decision does require the Hong Kong Special Administrative Region to make sure that we have means to suppress or prevent interference with a fair election. 

So I think where it refers to casting blank votes, or prohibiting or persuading people not to vote, there is a certain lead-in. That is, it probably takes a form of public activity trying to incite voters to do this sort of activities.

(To watch the full media session with sign language interpretation, click here.)

Chief Executive Carrie Lam said today during electoral legislation process, two offences have been introduced to suppress or prevent interference with a fair election.

Mrs Lam made the statement, ahead of the Executive Council meeting this morning, in response to a question on whether it is legal to cast a protest vote.

She said: “Regarding what is legal, what is illegal, one has to look at the law - what does the law say about the legality of a certain act or activity.

“Secondly, one has to look at the evidence in order to justify that a certain act or activity is breaching the law.

“And thirdly, it has to be a decision to prosecute made by independent prosecutors and finally, adjudicated by the independent courts in Hong Kong.

“In our work to enact local legislation to put into effect the National People's Congress (NPC)'s decision and the amendments to Annex I and Annex II (of the Basic Law), we have introduced two offences because the NPC's decision does require the Hong Kong Special Administrative Region to make sure that we have means to suppress or prevent interference with a fair election.

“So I think where it refers to casting blank votes, or prohibiting or persuading people not to vote, there is a certain lead-in. That is, it probably takes a form of public activity trying to incite voters to do this sort of activities.”