HKSAR v. CHO SUET SUM CHLOE AND ANOTHER

HKSAR v. CHO SUET SUM CHLOE AND ANOTHER

Having considered the Leaflet's text and the defiled bauhinia logo together with the post-NSL context and distribution, the court found the only reasonable and irresistible inference was that the publication intended to incite persons to violence (specifically by calling to 'build an army' to achieve independence); accordingly D1 and D2 were convicted on all particulars and D1 was sentenced to 13 months' imprisonment (starting point 18 months reduced by 25%), D2 was ordered to attend a Rehabilitation Centre.

Citation
[2022] HKDC 119
Parties
Prosecution: HKSAR; Defendant: CHO Suet-sum Chloe; Defendant: WONG Chun-wai
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
31 January 2022
Case Number
DCCC767/2021
Procedural Posture
Criminal / Sentencing (newton Hearing Conducted on Issue of Violence)
Outcome
Both defendants convicted of conspiracy to print, publish, distribute, display or reproduce seditious publications contrary to Crimes Ordinance; D1 sentenced to imprisonment; D2 sentenced to Rehabilitation Centre.
Legal Topics
Seditious Publications, Conspiracy to Publish, Mens Rea for Sedition, Newton Hearing, Sentencing
Source Language
EN
Criminal Law Sedition National Security Law Seditious Publications Conspiracy to Publish Mens Rea for Sedition Newton Hearing Sentencing

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Parties

HKSAR

Prosecution

CHO Suet-sum Chloe

Defendant

WONG Chun-wai

Defendant

Procedural Posture

Criminal / Sentencing (newton Hearing Conducted on Issue of Violence)

Legal Issues

  1. 1 Whether the Leaflet had an intention to incite persons to violence
  2. 2 Whether the court should assess the intention of the publication alone or consider publisher's intention and surrounding circumstances
  3. 3 Appropriate sentence given seriousness, deterrence and mitigation including youth of D2

Ratio Decidendi

Having considered the Leaflet's text and the defiled bauhinia logo together with the post-NSL context and distribution, the court found the only reasonable and irresistible inference was that the publication intended to incite persons to violence (specifically by calling to 'build an army' to achieve independence); accordingly D1 and D2 were convicted on all particulars and D1 was sentenced to 13 months' imprisonment (starting point 18 months reduced by 25%), D2 was ordered to attend a Rehabilitation Centre.

Court Disposition

Both defendants convicted of conspiracy to print, publish, distribute, display or reproduce seditious publications contrary to Crimes Ordinance; D1 sentenced to imprisonment; D2 sentenced to Rehabilitation Centre.

Orders

  • D1 (CHO Suet-sum Chloe) convicted and sentenced to 13 months imprisonment
  • D2 (WONG Chun-wai) convicted and sentenced to detention at a Rehabilitation Centre