In a significant ruling, Hong Kong's Deputy High Court Judge Frankie Yiu has denied a constitutional challenge against a law that criminalizes the encouragement of casting invalid votes during elections. The law in question, section 27A of the Elections (Corrupt and Illegal Conduct) Ordinance, aims to maintain the integrity of the electoral process by prohibiting public incitement to abstain from voting or to vote invalidly during the election period.

The appellant, So Tsun Fung, argued that this prohibition infringes on the right to free expression as guaranteed by the Basic Law and the Hong Kong Bill of Rights. So referenced the case of Teslenko and Others v. Russia to support his claim that advocating for non-participation or invalid votes should be considered a protected form of political expression.

However, Judge Yiu sided with the government, stating that the restriction is justified by the need to counteract "serious and violent disturbance from the opposition" and is appropriately limited to the timeframe of elections. He further dismissed claims that the law discriminates based on political opinions, asserting that promoting invalid voting could undermine the electoral process and cannot be equated with other forms of political advocacy that support participation in elections.

This decision underscores the legal boundaries set around electoral conduct in Hong Kong following significant political upheavals, including the massive anti-extradition bill protests that began in 2019. In response to these events, and subsequent shifts in the political landscape, the Chinese National People's Congress took steps in 2021 to overhaul Hong Kong's electoral system. This overhaul included the contentious provision challenged in this case.

The court concluded that the arguments presented did not raise any points of law of general and great importance that would warrant an appeal to the Hong Kong Court of Final Appeal. The ruling thus stands as a firm reinforcement of current laws aimed at stabilizing the region's electoral processes.

So Tsun Fung, who had earlier pleaded guilty to reposting a message from exiled activist Ted Hui Chi-fung that advocated for blank votes, was sentenced in 2022 to two months of imprisonment with an 18-month suspended sentence. This case highlights the ongoing tensions and legal battles over electoral rights and freedom of expression in Hong Kong's evolving political environment.