A 36-year-old man pleaded guilty to one count of knowingly publishing a publication with seditious intent at the West Kowloon Magistrates' Courts on Thursday
A 36-year-old man was suspected of posting a total of 117 seditious posts on Facebook from March last year to date. He was accused of seditious intentions. The posts mainly forwarded current affairs and court news and added comments. The man pleaded guilty to one count of "knowingly publishing publications with seditious intentions" at the West Kowloon Magistrates' Courts on Thursday (8th). When sentencing, the designated judge of the National Security Law, Chief Magistrate So Wai-tak, pointed out that the defendant had been constantly smearing law enforcement agencies, the judicial system, the government and the National Security Law, and his expressions were radical and irrational, with the intention of creating hatred. He also pointed out that the defendant promoted Hong Kong independence, praised violence, and incited others in the name of mourning. It was obvious that he was advocating the use of violence to implement his ideas. He finally sentenced the defendant to 12 months in prison.
The defendant explained under warning that the post was for emotional expression
The defendant, Li Junjie (36 years old, a Citybus mechanic), was charged with knowingly publishing a publication with seditious intent. The charge alleges that between March 29, 2024 and January 21, 2025, in Hong Kong, he knowingly published the publications with seditious intent, namely, publishing statements, photos and/or images on Facebook with intent to:
(a) inciting hatred or contempt of, or disobeying the constitutional order, executive, legislative or judicial bodies of the HKSAR among Chinese citizens, Hong Kong permanent residents or persons in the HKSAR; (b) inciting others to commit acts of violence in the HKSAR; and/or (c) inciting others to disobey the laws of the HKSAR or orders issued under the laws of the HKSAR.
The case file stated that the defendant posted a total of 117 inflammatory statements, photos or pictures on his personal Facebook account "Chun Kit Li". Under caution, he admitted that all the posts were written by him, and explained that his hatred towards the police deepened after 2019 and he posted the posts to express his emotions.
Hateful remarks against Hong Kong police and the National Security LAW
As for the posts involved in the case, they involved remarks that aroused hatred towards the Hong Kong police, including "black police beat citizens with clubs and shot citizens indiscriminately, and used indiscriminate violence, arbitrary arrests and false accusations", "black police are thugs first!", "black police carry guns because they must want to kill people?", etc.; and remarks that aroused hatred towards the judiciary and the legal system included "conferring charges of rioting again", "Hong Kong, which wrongfully imprisoned young people even though they were innocent, is dead, and the rule of law in Hong Kong is dead", "the judicial system is so corrupt that it is not the judge's decision or the Department of Justice's decision that counts".
Remarks that incited hatred against the National Security Law included, "A seemingly good newspaper owner was wrongfully imprisoned because of an outdated and ruthless law. Society was clearly progressing, but because of this unnecessary and ruthless law, it has been distorted, and previously legitimate freedom is gradually disappearing and sinking." "Hong Kong's unnecessary police officers are banned for releasing a song. How ridiculous!" Remarks that incited others to violence and lawlessness included, "Hey, America, do you think your sanctions are strong enough? Show me how strong they are!" The defendant also reposted a photo of a memorial event for "Dog-killing martyr Leung Kin-fai," with the comment, "It's up to me to train myself and organize a plan to carry on the unfinished work of martyr Leung Kin-fai and bring the totalitarian regime to justice."
The plea said the post received less attention and was less damaging.
The defendant was represented today by barrister Shek Shu-ming. In his plea, Shi argued that the posts in question were all forwarding news of court decisions and current affairs. The defendant added personal comments, and the content was merely emotional venting and insults, "most of which were just one or two sentences." He believed that the severity was relatively low. He also emphasized that the defendant did not target the leaders of the Chinese Communist Party or the Communist Party, nor did he advocate the use of force to change the political system. The frequency of postings was not high, and the attention they received was very small. They only received 8 likes and 1 response in total, and the destructive power was relatively light. He hoped that the court would adopt 12 to 15 months' imprisonment as the starting point for sentencing.
In sentencing, Chief Magistrate So Wai-tak emphasized that although the number of likes and reactions to the post was small, the defendant's account was publicly accessible, allowing the public to browse freely. Furthermore, the reach of online social media is far-reaching and the spread of information is extremely high. So also pointed out that the defendant, using accusations without factual basis, continuously smeared law enforcement agencies, the judicial system, the SAR government, and the National Security Law. His statements were radical and irrational, intended to sow hatred in society. Furthermore, the defendant advocated for Hong Kong independence and incited secession, and sang and promoted violence. Under the guise of mourning, he incited others to "spontaneously train and organize plans," encouraging others to carry on criminal behavior, clearly advocating for others to use violence to implement their views. Therefore, he adopted an 18-month imprisonment as the starting point for sentencing. The defendant was eligible for a 3-point reduction for his guilty plea, and without other mitigating factors, he was sentenced to 12 months' imprisonment
