Key facts
- Hong Kong's Court of Final Appeal has upheld a law that criminalizes incitement to boycott elections.
- The court ruled the ban is necessary to ensure governance by 'patriots' and maintain public confidence in the electoral system.
- The decision dismissed a challenge by former student union president Jacky So Tsun-fung.
- Chief Justice Andrew Cheung Kui-nung stated the restriction is narrowly tailored to protect legitimate aims.
Hong Kong's top court has dismissed a legal challenge against a law that prohibits calls to boycott the city's elections, ruling that such restrictions are necessary to safeguard the electoral process and ensure governance by 'patriots'. The Court of Final Appeal unanimously found that criminalizing incitement to undermine elections is crucial for furthering Beijing's objective of maintaining stability and public confidence in the system.
The ruling rejected an appeal by Jacky So Tsun-fung, a former student union president, who argued that the law infringed upon residents' rights to freedom of expression and equality. Chief Justice Andrew Cheung Kui-nung, author of the judgment, described the restriction as 'modest in scope and carefully circumscribed,' noting it specifically targets public advocacy for boycotting elections and casting invalid ballots during designated periods.
