Top court upholds law criminalizing calls to boycott Hong Kong elections

Hong Kong's Court of Final Appeal has unanimously upheld a law that criminalizes calls to boycott elections, rejecting an appeal by former student leader So Tsun-fung. The ruling affirms that the Elections (Corrupt and Illegal Conduct) Ordinance, which prohibits encouraging others to cast blank votes or not vote at all, does not violate fundamental rights like freedom of expression.

Chief Justice Andrew Cheung stated that while casting a blank ballot or abstaining from voting is legal, actively encouraging such actions remains unlawful under the ordinance. Those found guilty of violating this law face severe penalties, including a maximum of three years in prison and a fine of HK$200,000. This legal framework was established following Beijing's 2021 electoral reforms aimed at ensuring only "patriots" govern Hong Kong.

Authorities maintain that these reforms are crucial for the city's stability and prosperity. However, the changes have significantly reduced democratic representation and tightened electoral control, drawing international criticism. Many prominent figures from the traditional opposition are currently imprisoned, living in self-exile, or have left politics altogether.

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the clause in the city’s Elections (Corrupt and Illegal Conduct) Ordinance, which outlaws calls to boycott an election, does not infringe upon fundamental rights such as freedom of expression.