ICAC Can Probe Electoral Fraud Outside HK: Govt

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2020-10-28 HKT 14:08

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  • ICAC can probe electoral fraud outside HK: govt

Constitutional and Mainland Affairs Secretary Erick Tsang said on Wednesday that Hong Kong's anti-graft body would be able to take action to tackle any electoral fraud, even if suspected offences happened outside the territory.

Amid reports the government is planning to allow Hongkongers living on the mainland to vote across the border in SAR elections, the Electoral Affairs Commission (EAC) warned this month that such a move would come with various risks.

The EAC said it would have to rely on other bodies for coordinating and implementing voting arrangements, and the government would have to carefully consider the applicability and enforcement of Hong Kong's electoral law outside the territory.

In Legco, Democratic Party legislator Lam Cheuk-ting said he doubted whether officers from the Independent Commission Against Corruption (ICAC) would have extra-territorial powers to enforce corruption laws outside Hong Kong.

But Tsang dismissed Lam's concern.

"Section five of the Elections (Corrupt and Illegal Conduct) Ordinance states that the ordinance applies to all conduct concerning an election, whether the conduct is engaged within Hong Kong or elsewhere," Tsang said.

"In other words, any person who engages in corrupt conduct or illegal conduct, breaches the law no matter whether the conduct takes place in Hong Kong or elsewhere. The ICAC will investigate relevant cases in accordance with the law and carry out law enforcement."

Civic Party lawmaker Alvin Yeung, meanwhile, asked the minister if the government has a legislative timetable for implementing an external voting arrangement and how many Hong Kong people across the border could be entitled to vote in future SAR polls.

Tsang said nothing had been finalised and officials were still studying the feasibility of setting up voting stations outside the territory.

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