Judges say criminalising boycott calls is proportionate to safeguard elections and counter “organised campaigns” after 2019 unrest
3-MIN READ3-MIN ListenBrian WongPublished: 3:25pm, 17 Jun 2026Hong Kong’s top court has dismissed a legal challenge against a law barring calls to boycott the city’s “patriots-only” elections, ruling that the prohibition is necessary to counter “organised campaigns” seeking to undermine the establishment following the enactment of the national security law.In a judgment delivered on Wednesday, five Court of Final Appeal judges unanimously found that criminalising incitement to undermine elections was essential to further Beijing’s objective of ensuring governance by “patriots” under the “one country, two systems” policy.They rejected a challenge by former Chinese University of Hong Kong student union president Jacky So Tsun-fung, who argued that the law constituted an unlawful interference with residents’ rights to freedom of expression and equality.
Chief Justice Andrew Cheung Kui-nung, who wrote the judgment, said the restriction was “modest in scope and carefully circumscribed”, as it only outlawed public advocacy for boycotting elections and casting invalid ballots during designated periods.
Cheung said the interference with personal rights went no further than necessary to achieve the legitimate aims of safeguarding electoral participation, maintaining public confidence in the system and securing the legitimacy of election outcomes.
