Event Summary
In May 2025, Hong Kong’s judiciary rejected an application by So Chun-fung, former president of the Chinese University of Hong Kong’s Student Union, to appeal to the Court of Final Appeal. So had been convicted under Cap. 554 of the Elections (Corrupt and Illegal Conduct) Ordinance, which criminalises inciting others to boycott elections or cast blank votes by means of a public activity during the election period. His conviction stemmed from sharing a Facebook post by exiled former legislator Ted Hui, which encouraged voters to cast blank ballots during the 2021 Legislative Council election. So pleaded guilty to the charge of “inciting others not to vote or to cast invalid votes” and was sentenced to two months’ imprisonment, suspended for 18 months. After the High Court dismissed his initial appeal in March 2025, he sought to escalate the case to the top court, arguing that the law infringed on his rights to freedom of expression and political participation under the Basic Law. The Court of Final Appeal summarily rejected his application, with the judge citing national security concerns and the need to maintain political order during elections. This case marks one of the first definitive rulings upholding the legality of post-2019 legislative changes that criminalise calls for blank or protest voting. This event has significant implications for the respect and protection of fundamental freedoms for civil society, particularly freedom of expression. By upholding the conviction of So Chun-fung for sharing a social media post encouraging blank voting, the judiciary reinforces legal boundaries that restrict political expression, thereby narrowing the space for civil society actors to engage in open political discourse without fear of legal repercussions.