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Friday, April 24, 2020, 23:10
Man jailed for desecrating national flag in HK
By He Shusi
Friday, April 24, 2020, 23:10 By He Shusi

HONG KONG - A 21-year-old man in Hong Kong was sentenced to jail for 20 days for desecrating the Chinese national flag in unlawful protests last year.

The sentence was handed down by the Court of Appeal on the government appeal against a previous sentence. 

Technician Law Man-chung was sentenced to 200 hours of community service by the Sha Tin Magistrates' Court last year after he pleaded guilty to trampling on a Chinese national flag and throwing it into a garbage bin, which he tossed into the river in Sha Tin, New Territories, on Sept 22.

According to the National Flag and National Emblem Ordinance, anyone who desecrates the national flag can face up to three years in prison.

ALSO READ: Former CE says sentence for desecrating national flag light

The Court of Appeal ruled that the defendant’s behavior was “seriously bad”, and had “gravely undermined the dignity of the state that the national flag represents”

In a written press summary of the judgment, the Court of Appeal ruled that the defendant’s behavior was “seriously bad”, and had “gravely undermined the dignity of the state that the national flag represents”.

According to the summary, Law and other protesters chanting slogans while tossing national flag up and let it fall onto the ground with his arms spread out wide, “as if he were giving a performance”. 

After that, Law and his companions took turn to trample on the flag while some onlookers hold their hands to form an arch for others to pass through to tramp on the national flag, “as if it were fun and frolics” and the participants’   emotions ran high at that time.

The national flag was then sprayed with black paint and an unknown liquid. Law together with other protesters paraded the national flag to Shatin Station of the East Rail Line. 

After the protesters brought the national flag to the open space in between New Town Plaza and Shatin Town Hall and threw it onto the ground, Law picked it up, threw it into a trash can and slammed its lid shut.

READ MORE: Rioters take down national flag from pole, attack police

Law gave the can a kick and sent it into the pool.

An immediate custodial sentence is the only sentencing option and the court must impose a deterrent sentence of immediate imprisonment, the summary read. 

The trial magistrate erred in principle when passing sentence, and failed to fully comprehend the relevant facts of the case and the various aggravating factors, thereby wrongly imposed a community service order on the respondent, the court said. 

Considering the defendant had pleaded guilty, and had finished 64 hours of community service, the court handed down the sentence of 20 days in prison.

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